HomeMy WebLinkAboutNCS000355_COMPLETE FILE - HISTORICAL_20010823STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
NcsoCa35`J
DOC TYPE
❑COMPLETE FILE -HISTORICAL
DATE Of
RESCISSION
❑ c2o 0 / 0 Y ;2-3
YYYYMMDD
M!rniit Rcscissinns Thni 8�06/200I (FRO)
5ubiect: Permit Rescissions Thru 8/06/2001 (FRO)
.Date: Thu, 23 Aug 2001 17:41.03 -0400
From: Ricky Revels <Ricly,Revel s cr ncmai1.}yet>
Organizalion: NC Dept. of Environment and Natural resources
To: Vanessa Manuel <Vanessa.Manuel L`(.ncniaii.net>
Vanessa:
Here's an update to the following Permit Rescission list.
NCGO70142 Concrete Service Co. Inc --Cur.
FRO did not rescind as result of on -site visit in'that company had not
completed landscaping for sheet flow exemption. I wiii contact company
to see if request for rescission is still wanted. I understand that
Concrete Service Co Inc -Cum has paid the 2001 compliance Fee.
NCG500008 Fasco Industries, Inc.
FRO sent a "completed" rescission form to Raleigh for NCG0300931 on
5/24/00. This Office never .received a .request for NCG500008. In
addition, this office has no permit file or local data base .listing for
this permit. "I confirmed on 5/24/00 that !!asco Consumer Products, 'Inc.
permit No. NICGO30093 was no longer needed in that the facility was (is)
abandoned. Therefore, I have no objection to you administratively
rescinding permit No. NCG500008 at this same address location in that
the facility is abandoned. But, please hard copy this office that the
rescission has been processed .so that we have something for FRO files.
:NCS000355 Progressive Ink'Company/Flint Ink'
I completed a rescission form on 5/24/00. 'Today I discussed with Robert
Farmer by phone that this office has a copy of the RO rescission letter
dated 6/29/2001 signed by Shannon Langley. Robert has taken permit out
of the system as a result on 8/23/2001_
NCG'170081 `i'exfi/Bassett lndustries-Cumberland
I am forwarding to Raleigh a "completed" rescission form Approval in
that this facility is abandoned.
1 of t 0812Xi2001 5:17 PM
�ivA
S
,ram.
Mark Knighton
Progressive Ink Company
148 Industrial Park Drive
Rockingham, North Carolina 28379
Dear Mr. Knighton:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 29, 2001
Kerr T, Stevens, Director
Division of Water Quality
JUL 2 3 2001
t:
DWQ
Suh_ject: Rescission of NPDES Permit
Progressive Ink Company — Flint Ink
Permit Number NCS000355
Richmond County
Reference is made to your request for rescission of the subject NPDES Permit. Division staff'
have confirmed that this permit is no longer required. Therefore, in accordance with your
request, NPDES Permit NCS000355 is rescinded, effective immediately.
If in the future you wish to again discharge wastewater to the State's surface waters, you must
first apply for and receive a new NPDES Permit. Operating a facility without a valid NPDES
Permit will subject the responsible party to a civil penalty of up to $25,000 per day.
If you have questions about this matter, please contact Vanessa Manuel at (919) 733-5083,
extension 532 or the Water Quality staff in the Raleigh Regional Office at (919) 571-4700.
Sincerely.
Kerr T. Stevens
Cc: Richmond County Health Department
Fayetteville — Water Quality Regional Supervisor — w/ attachments
Stormwater & General Permits Unit
Operator Training &r, Certification Unit
Vanessa Manuel, Point Source Compliance Unit — w/ attachments
Roosevelt Childress. EPA
Central Files — w/ attachments
Fran McPherson, DWQ Budget Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
NCDENR
Customer Service
1 800 623-7748
Return Completed -Farm to the Facility Assessment. Unit.1 PR Form (2/97)
re
RICHMOND
9/30/2004
2/2/2001
2/26/2001
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0 SUBSURFACE SYSTEM USED
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Returiz Completed Form to the Facility Assessment Unit PR Form (2/97)
3
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
A5"1"
E4J
II]
February 26, 2001
MARK KNIGHTON
PROGRESSIVE INK COMPANY/FLINT INK
148 INDUSTRIAL PARK DR.
ROCKINGHAM NC 28379
Dear MARK KNIGHTON:
E N R
MAR 2 ?_501
Fr,i C"FTEViLl;__E
REG- 0FFIr-�=
Subject: Acknowledgement of Rescission Request
PROGRESSIVE INK COMPANY/FLINT INK
NPDES Permit No. NCS000355
RICHMOND County
This is to acknowledge receipt of your request that NPDES Permit No. NCS000355
be rescinded. Your request indicated that this permit is no longer needed.
By copy of this letter, I am requesting confirmation from our Fayetteville Regional
Office that this permit is no longer needed. After verification by the Regional Office that
the permit is no longer needed, NPDES Permit No. NCS000355 will be rescinded.
If there is a need for any additional information or clarification, please do not hesitate
to contact Robert Farmer at (919) 733-5083, ext. 531.
Sin rely,
4m, E. Shannon Langley, Supervisor
Point Source Compliance/ Enforcement Unit
cc:CFayetteviile=Water-Quality Regional-Supervisorww/attachments
Point Source Branch — Bradley Bennett - w/attachments
Point Source Branch - Robert Farmer - w/attachments
Central Files- w/attachments
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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February 2, 2001
State of North Carolina
Department of Environmental
and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh. NC: 27626
Dear Sir or Madam:
On May 15, 2000. Progressive Ink Company, LLC announced the sell of Progressive Ink
Company, LLC, a subsidiary of Alper Holdings USA to the Flint Ink Company. On
September 1, 2000 the Progressive Ink facility located at 148 Industrial Park Dr. and
operating under Permit Number NCS000355 was permanently shut down and closed. By
this letter we are requesting that the permit be terminated.
If you have any questions please contact me at (256) 835-6306.
)incerelyi�
Mark Knighton
Director EHS Flint Ink (formerly Progressive Ink)
FLINT INK NORTH AMERICA CORPORATION
ANNISTON OFFICE: 104 NATIONAL DRIVE, ANNISTON, AL 36207 256-835-6323 Fax: 256-835-6320 www.flintinkxom
_{
State of North Carolina
Department of'Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JERRY LINDSTRAND
PROGRESSIVE INK COMPANY
148 INDUSTRIAL PARK DR.
ROCKINGHAM NC 28379
__?FA
6A
r
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
113l2001
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCS000355
PROGRESSIVE INK COMPANY
RICHMOND COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3),
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Paul Rawls, Fayetteville Water Quality Regional Supervisor, (910) 486-1541.
Sincerely,
r
Kerr T. Stevens
cc: Supevisor, Water Quality Permits and Engineering Unit
Fayetteville Regional Office
County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
'4
INVOICE
Annual Permit Fee
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs
associated with your permit. It is required of any person holding a permit for any time during the annual fee
period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the
permit to revocation. Operating without a valid permit is.a violation and is subject to a $10,000 per day fine.
If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the
permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCS000365 Annual Fee Period: 9/1/2000 to 8/31/2001
Invoice Date: October 25, 2000
JERRY LINDSTRAND Due Date: November 24, 2000
PROGRESSIVE INK COMPANY
148 INDUSTRIAL PARK DR. Annual Fee: $715.00
ROCKINGHAM NC 28379
Notes:
1. A S20.00 processing fee will be charged for returned checks in accordance with the North Carolina
General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR -Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1611
4. Should you have any questions regarding this invoice, please contact the Annual Administering and
Compliance Fee Coordinator at 919-733-5083 extension 210.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . ,.........,,.....,,....,....,...,,..........................I..........
Permit Number: NCS000355
Marge
Flint Ink
515 Turner Ave
Charlotte, NC 28208
ANNUAL PERMIT INVOICE
(Return This Portion With Check)
Annual Fee Period: 9/1/2000 to 813112001
Invoice Date:
Due Date:
Annual Fee:
Check Number:
October 25, 2000
November 24, 2000
$715.00
NPDES FACILITY AND PERMIT DATA 02/23/01 10:01:03
,UPDATE OPTION TRXID 5NU KEY NCS000355
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
,FACILITY NAME> PROGRESSIVE INK COMPANY *** COUNTY> RICHMOND 06
ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
STREET: 146 INDUSTRIAL PARK DR. STREET: 148 INDUSTRIAL PARK DR
CITY: ROCKINGHAM ST NC ZIP 28379 CITY: ROCKINGHAM ST NC ZIP 28379
TELEPHONE 910 895 6313 DATE FEE PAID: 07/28/96 AMOUNT: 400.00
STATE CONTACT> LAU PERSON IN CHARGE JERRY LINDSTRAND
1=PROPOSED,2=EXIST,3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT: 3455530 LONG: 07947110 N=NEW,M=MODIFICATION,R=REISSUE> N
DATE APP RCVD 05/02/97 WASTELOAD REQS
DATE STAFF REP REQS 05/20/97 WASTELOAD RCVD
DATE STAFF REP RCVD 06/23/97 SCH TO ISSUE 05/04/99
DATE TO P NOTICE / / DATE DRAFT PREPARED 05/20/97
DATE OT AG COM REQS / / DATE DENIED
DATE OT AG COM RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED 09/10/99 ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE 09/30/04
FEE CODE ( 4 ) 1=(>10MGD),2=(>1MGD),3=(>0.1MGD),4=(<0.1MGD),5=SF,6=(GP25,64,79),
7=(GP49,73)6=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 73 CONBILL ( )
COMMENTS: PERMIT RESCISSION REQUESTED 2/2/01 - RF
MESSAGE: *** DATA MODIFIED SUCCESSFULLY ***
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JERRY LINDSTRAND
PROGRESSIVE INK COMPANY
14B INDUSTRIAL PARK DR.
ROCKINGHAM NC 28379
r••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANC NATURAL RESOURCES
1/3/2001
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCS000355
PROGRESSIVE INK COMPANY
RiCHMOND COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b) Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G S. 143-215 1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding, If you have any questions, please contact:
eM�r j—ul:Rawls;.:Fayetteville-W,ater_Q0ality'RegionaI'S4upervisor-7(910)7.486--1544..E
Sincerely,
Kerr T. Stevens
cc: Supevisor, Water Quality Permits and Engineering Unit
Fayetteville Regional Office
County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper
P_a_
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Jerry Lindstrand
Progressive Ink Company
148 Industrial Park Drive
Rockingham, North Carolina 28379
Dear Mr. Lindstrand:
A74
NCDENR
September 10, 1999
Subject: Permit No. NCS000373
Progressive Ink Company
Richmond County
P 1 5 1999
EAYETiEi ILLE
REG. OFF&'.'
In accordance with your application for a stormwater discharge permit received on May 2, 1997, we are forwarding
herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you,
you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statute;
and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447.
Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part 11, 13.2. addresses the requirements to be followed in case of
change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by the Division of
Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or an
other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext.
578.
Sincerely,
OR
WGLINAL LIA CGMED �Y
Kerr T. Stevens
cc: Mr. Roger O. Pfaff, EPA
Fayetteville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
NCS000355
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,
Progressive Ink Company
is hereby authorized to discharge stormwater from a facility located at
Progressive Ink Company
148 Industrial Park Drive
Rockingham
Richmond County
to receiving waters designated as Hitchcock 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 1, 1I, III, IV, V and VI hereof.
This permit shall become effective October 1, 1999.
This permit and the authorization to discharge shall expire at midnight on September 30, 2004.
Signed this day September 10, 1999.
ORIGINAL SIGNED BY
WILLIAM C. MILLS
Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000355
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
Section A: Compliance and Liability
I. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
I. Individual Permit Expiration
2. Transfers
3, Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1,
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Permit No. NCS000355
Section E: Reporting Requirements
I.
Discharge Monitoring Reports
2,
Submitting Reports
3.
Availability of Reports
4,
Non-Stormwater Discharges
5,
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VI DEFINITIONS
Permit No. NCS0D0355
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited
and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface
waters of North Carolina or separate storm sewer system which has been adequately treated and managed in
accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the
conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater
discharge or is covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state,
or local law, rule, standard, ordinance, order, judgment, or decree.
Part i Page 1 of 2
Permit No. NCS000355
SECTION C: LOCATION NIAP
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Part I Pa-e 2 of 2
Permit No. NCS000355
PART Ili 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 111, Standard Conditions, Section E, Paragraph 3 of
this individual permit. The Plan shall include, at a minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant
sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall
contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters, the name of
the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a
municipal separate storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process
areas, dust or particulate generating or control processes, and waste disposal practices.
(c) A site map drawn to scale with the distance legend indicating location of industrial activities
(including storage of materials, disposal areas, process areas and loading and unloading areas),
drainage structures, drainage areas for each outfall and activities occurring in the drainage area,
building locations, existing BMPs and impervious surfaces, and the percentage of each drainage
area that is impervious. For each outfall, a narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3
previous years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the requirements found
in Part 1I1, Standard Conditions, Section B, Paragraph 3.
2, Stormwater Management Plan. The stormwater management plan shall contain a narrative description of
the materials management practices employed which control or minimize the exposure of significant
materials to stormwater, including structural and nonstructural measures. The stormwater management
plan, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material
handling operations, and manufacturing or fueling operations. In areas where elimination of
exposure is not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination-
(b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage
of liquid materials, storage of Section 3 t3 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to
prevent leaks and spills from contaminating stormwater runoff. If the secondary containment
devices are connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be secured with a
Part 11 Page 1 of 4
Permit No. NCS000355
locking mechanism] and any stormwater that accumulates in the containment area shall be at a
minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow,
prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found
to be uncontaminated by the material stored within the containment area. Records documenting
the individual making the observation, the description of the accumulated stormwater and the date
and time of the release shall be kept for a period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs)
to be considered such as, but not limited to, oil and grease separation, debris control, vegetative
filter strips, infiltration and stormwater detention or retention, where necessary. The need for
structural BMPs shall be based on the assessment of potential of sources to contribute significant
quantities of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an
assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel
(or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site
at all times during facility operations that have the potential to contaminate stormwater runoff through spills
or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific.
Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address
the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4, Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be
developed. The program shall document schedules of inspections and maintenance activities of stormwater
control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning
schedules of these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at a minimum on an
annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all
personnel involved in any of the facility's operations that have the potential to contaminate stormwater
runoff. Facility personnel (or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s)
responsible for the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction,
operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to
surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis.
The Director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the
Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in
writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the
changes have been made.
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.
Part 11 Page 2 of 4
Permit No. NCS000355
Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in
addition to facility inspections.
4. Implementation. The permittee shall docurnent all monitoring, measurements, inspections and maintenance
activities and training provided to employees, including the log of the sampling data and of activities taken
to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to
discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall not be
required for this permit
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and
shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of
the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are
required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event.
Qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September -
November).
Table 3. Qualitative Monitoring Requirements
�D�sclar a Characterrst�es �
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�Locattoni
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
SDO
Footnotes:
I Monitoring Location: Qualitative monitoring shall be performed at each
stormwater discharge outfall (SDO) regardless of representative outfall status.
Part I1 Page 3 of 4
Permit No. NCS000355
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per
month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This
monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas.
For each parameter, the arithmetic mean of all analytical sampling results collected during the coverage of the permit shall be
calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed
below in 'fable 5. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility
is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining coverage of
the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in
discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations
that ensure the continuation of stormwater runoff quality.
The permittee must perform analytical sampling during the first and last year of the permit coverag regardless of cut-off
concentration conditions. Analytical results from sampling during the final year of the permit coverage must be submitted
with the permit renewal application. All analytical monitoring shall be performed during a representative storm event.
Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
BIROMeasurement;�_�lre
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cattn?
H
standard
annually
Grab
SDO
Oil and Grease
m I
annually
Grab
SDO
Total Suspended Solids
m I
annually
Grab
SDO
New Motor Oil Usagegallons/month
annually
Estimate
-
Total Flow3
MG
annually
Grab
SDO
Footnotes:
1 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.
2 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
3 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the
outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the
rainfall event measured shall result from the sampled representative storm event.
Table 5. Cut-off Concentrations for On -Site Vehicle Maintenance Activities
. ' i '; :Dischar`e.Charact�rtstics ; w fc{
; t . t.Cut=off=.Con entratiii�i
I-11
within range 6.0 - 9.0
Oil and Grease
30
Total Suspended Solids
t00
Footnotes:
I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used
for cut-off concentration purposes.
Part II Page 4 of 4
Permit No. NCS000355
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within
12 months of the effective date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part 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.
The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).J
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 violations, are not to exceed $10,000
per day for each day during which the violation continues, with the maximum amount of any Class
II penalty not to exceed $125,000.
Part III Page 1 of 8 Pages
Permit No. NCS000355
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.
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, t43-
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 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 t321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
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 for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day
of violation, or by imprisonment of not more than 4 years, or both.
Part 111 Page 2 Of 8 Pages
Permit No. NCS000355
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a 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: GENEC2AL 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 ISO days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-215.6A and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act.
Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
Part ID Page 3 of 8 Pages
Permit No. NCS000355
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
c. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; 'Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. ai.
After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The
filing of a request for a individual permit modification, revocation and reissuance, or termination does not
stay any individual permit condition. The permit shall expire when the individual permit is terminated.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
2. 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
Part IQ Page 4 of 8 Pages
Permit No. NCS000355
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
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 F of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other 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
The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Part III Page 5 of 8 Pages
Permit No. NCS000355
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.
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.
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.
lnsnection 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.
Part 1.11 Page 6 of 8 Pages
Permit No. NCS000355
SECTION F: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be
included with the required analytical monitoring submittal for the first year of the permit coverage.
Analytical results from sampling during the final year of the permit coverage shall be submitted with the
permit renewal application.
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
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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 143-215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
Part M Page 7 of 8 Pages
Permit No. NCS000355
Bypass
Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part Tll Page 8 of 8 Pages
Permit No. NCS000355
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit: or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Nan-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.
4. Best Manaptement 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.
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Permit No. NCS000355
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.
$. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual samples collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge,
12. Hazardous Substance
Any substance designated under 40 C1=R Part 116 pursuant to Section 3 11 of the Clean Water Act.
t3. 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.
l6. Permittee
Part VI Page 2 of 5 Pages
Permit No. NCS000355
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters
of the state.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
20, Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 1 1 6.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Property Damage
Part VI Page 3 of 5 Pages
Permit No. NCS000355
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to
report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and sludge that have the potential to be released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 31 t of the Clean Water Act (Ref: 40 CFR 110.10 and CFR t 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 stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
28. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce Stormwater pollution and
is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
32. Upset
Part VI Page 4 of 5 Pages
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Permit No. NCS000355
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
33. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
34. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
35. 25-year, 24 hour storm event i
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