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HomeMy WebLinkAboutNCG140259_COMPLETE FILE - HISTORICAL_20170630STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT N0. /v C& lqo �6� DOC TYPE "* HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE p Oi o ) j w ✓" YYYYMMDD Compliance Inspection Report Permit NCG140259 Effective 07/01/16 Expiration 06/30/17 Owner R H Loven Co Inc SOC Effective Expiration Facility R H Loven Co Incorporated County Watauga 1996 Hwy 421 N Region Winston Salem Boone NC 28607 Contact Person Julie Loven Title Phone 828 733 6461 Directions to Facility System Classifications Primary ORC Certification Phone Secondary ORC(s) On Site Representative(s) Related Permits Inspection Date 08/01/2016 Entry Time 11 15AM Exit Time 11 50AM Primary Inspector Paul Williams Phone 336 776 9650 Secondary Inspector(s) Reason for Inspection Routine Inspection Type Compliance Evaluation Permit Inspection Type Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status Compliant [] Not Compliant Question Areas N Storm Water (See attachment summary) Page 1 Permit NCG140259 Owner Facility R H Loven Co Inc Inspection Date 08/0112016 Inspection Type Compliance Evaluation Reason for Visit Routine Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitonng? 0 ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment Monitoring conducted 9/25/2015 and 5/20/2016 Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status is it properly documented by the Division? 0 ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ E ❑ Comment Rain gauge onsite and records are tracked via internet site Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi annually? ❑ ❑ ❑ Comment Monitoring conducted 9/25/2015 and 5/20/2016 Stormwater Pollution Prevention Plan Yea No NA NE Does the site have a Stormwater Pollution Prevention Plan? E ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 0 ❑ ❑ ❑ # Does the Plan include a Narrative Descnption of Practices ? E ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? E ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? 0 ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? N Cl ❑ ❑ # Does the facility provide all necessary secondary containment? E ❑ ❑ ❑ # Does the Plan include a eMP summary? N ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? E ❑ ❑ ❑ # Does the facility provide and document Employee Training? 0 ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ Cl # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Page 3 Permit NCG140259 Owner Facility R H Loven Co Inc Inspection Date 0910112016 Inspection Type Compliance Evaluation Reason for Visit Routine Stormwater Pollution Prevention Plan Yea No NA NE Comment The facility has had no significant spills In the past 3 years They stated that they review their current practices every five years Employee training was documented and last updated on October 13, 2015 Plan is reviewed and updated annually_ with the most recent dated May 20, 2016 Page 4 Permit NCG140259 soc County Watauga Region Winston-Salem Compliance inspection Report Effective 07/01/11 Expiration 06/30/16 Owner R H Loven Co Inc Effective Expiration Facility R H Loven Co Incorporated 1996 Hwy 421 N Contact Person Julie Loven Directions to Facility System Classifications Primary ORC Secondary ORC(s) On Site Representative(s) Related Permits Inspection Date 11109/2011 Primary Inspector Sue White Secondary Inspector(s) Title Entry Time 12 30 PM Boone NC 28607 Phone 828-733-6461 Certification Exit Time 02 00 PM Phone Phone 336-771-5000 Reason for Inspection Routine Inspection Type Compliance Evaluation Permit Inspection Type Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status ■ Compliant Q Not Compliant Question Areas ■ Storm Water (See attachment summary) Page 1 Permit NGG140259 Owner Facility R H Loven Co Inc Inspection Date 11/09/2011 Inspection Type Compliance Evaluation Reason for Visit Routine Inspection Summary Page 2 Permit NCG140259 Owner Facility R H Loven Co Inc i Inspection Date 1110912011 Inspection Type Compliance Evaluation Reason for Visit Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a Narrative Description of Practices ? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi annually? ■ ❑ ❑ ❑ Comment Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status is it properly documented by the Division? ■ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment Page 3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B Hunt, Jr , Governor Wayne McDevitt, Secretary Kerr T Stevens, Director JULIE LOVEN LOVEN READS MIX R H LOVEN CO INC POST OFFICE BOX 155 PINEOLA NC 28662 Dear Permittee NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 27 1999 Subject Reissue - NPDES Stormwater Permit Loven Ready Mix R H Loven Co Inc COC Number NCG140259 Watauga County Your facility was recently granted coverage under Stormwater general permit NCGI40000 This letter serves as vour notification that the Division of Water Qualit} (DWQ) has reissued the general permit and that your facility s coverage w ill continue under the conditions of the reissued general permit Please review the new permit to familiarize yourself with the changes in the reissued permit The permit is reissued pursuant to the requirements of North Carolina General Statute 143 215 1 and the Memorandum of Agreement between the state of North Carolina and the U S Environmental Protection Agency dated December 6 1983 Enclosed is a permit package which contains the following information * A copv of general stormwater permit NCG140000 * Fne copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form • A copy of a Technical Bulletin for the general permit which outlines changes in the permit key requirements and addresses frequently asked questions * A Certificate of Coverage I our coverage under this general permit is not transferable except after notice to DWQ The Division may require modification or revocation and reissuance of the Certificate of Coverage This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal state or local law rule, standard ordinance order judgment or decree If you have an} questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext 578 Sincerely for Kerr T Stevens cc Central Files Stormwater and General permits Unit Files Winston-Salem Regional Office 1617 Mail Service Center Raleigh North Carolina 27699 1617 Telephone 919 733 5083 Fax 919 733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG140000 CERTIFICATE OF COVERAGE No NCG140259 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance Kith the provision of North Carolina General Statute 143 215 1 other lawful standard,, and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended LOVEN READY MIX R H LOVEN CO INC is hereby authorized to operate a process wastewater treatment system, and is hereby authorized to discharge process wastewater and stormwater from a facility located at LOVEN READY MIX R H LOVEN CO 1NC 1996 HIGHWAY 421 NORTH BOONE WATAUGA COUNTY to recening eaters designated as Ut Laurel Fork in the Watagua RiNer Basin in accordanceµ ith the effluent limitations monitoring requirements and other conditions set forth in Parts I, I1 I1I IV V and VI of Generai Permit No NCG140000 as attached This certificate of coverage shall become effective August 1 1999 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this d iy July 26 1999 for Kerr T Stevens Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Wayne McDevitt, Secretary Kerr T Stevens, Director March 19, 1999 Ms Julie Loven P O Box 155 Ptneola, NC 28662 & LTI.9;TA NCDENR Subject General Permit No NCG140000 Loven Ready Mix COC NCG 140259 Watauga County Dear Ms Loven, In accordance with your application for discharge permit received on July 27, 1998 we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general 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 The permit previously held by Loven Ready Mix, NCS000232, is rescinded immediately upon issuance of this new Certificate of Coverage for the NCG 140000 general stormwater permit The stormwater permit you are receiving, NCG140000, does not permit wasting concrete, dumping excess concrete, directly into storm sewer outfalls or into waters of the state Any facility which either dumps excess concrete or washes excess concrete into storm sewers or waters of the state will be operating in direct violation to both the terms of this permit and the North Carolina General Statutes Such a discharge shall be considered an illegal discharge and may subject the owner to enforcement actions in accordance with North Carolina General Statutes 143-215 6A If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application Unless such demand is made, this certificate of coverage shall be final and binding Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage This permit does not affect the legal 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 If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext 578 Sincerely, ORIGINAL SIGNED BY WILLIAM C MILLS Kerr T Stevens cc Winston-Salem Regional Office Point Source Compliance — Robert Farmer Budget Office — Fran McPherson P O Box 29535, Raleigh North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG140000 CER IFI ATE E No NC 140259 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Robert H Loven, R H Loven Company, Inc is hereby authorized to discharge stormwater from a facility located at Loven Ready Mix, R H Loven Company, Inc 1996 Hwy 421 North Boone Watauga County to receiving waters designated as an unnamed tributary to Laurel Fork, a class C TR stream in the Watauga River Basin in accordance "ith the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I1I, and IV of General Permit No NCG140000 as attached This Certificate of Coverage shall become effective March 19, 1999 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this day March 19, 1999 ORIGINAL SIGNED BY WILLIAM C MILLS Kerr T Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission RL .luly 5 11It ut S405mw,11w Pcunu', ioi it )PPioval Subject Re July's list of stormwater permits for regional approval Date Mon, 24 Aug 1998 18 06 17 -0400 From "Bradley Bennett" <bradley_bennett@h2o enr state nc us> Internal Organization NC DWQ To Aisha Lau <aisha_lau@h2o enr state nc us> Aisha, This one - NCG 140259 Loven Ready Mix R H Loven Co, Inc Watauga- I beleive is coverting an existing NCS permit to the GP They were a new facility and needed the permit before the GP was ready We need to make sure this is noted in the CoC cover letter and that it states that the NCS permit will be rescinded unpon issuance of the GP, etc BB Aisha Lau wrote Attached and following, for those of you who have been unable to open the files I've been sending, you'll find a list of the permits received on and between June 30 and August 12 There are again two files attached, one in Excel 4 0 format, and the other in Word foi Windows format I hope that you will all be able to read at least one of the three formats I've attached Please let me know by September I 1 whether or not we should proceed with issuance of the Certificate of Coverage, require an individual application, or hold the application for further review If I don't hear from you on or before September 1 I issuance of these general permits will proceed with your assurned approval Thank you for your help, and I look forward to hearing from ya'II NCG140260 Phillips Supply Co, Inc Graham Asheville England NCG020457 G S Materials, Inc Harnett Fayetteville England NCG180216 Woodard, Inc Scotland Fayetteville Lau NCG030444 Pelton & Crane, Llc Mecklenburg Mooresville Lau NCG030445 Dana Spicer Clark - Hurth Iredell Mooresville England NCG170381 Belmont Dyers Company Gaston Mooresville Lau NCG170382 Rodel, Inc Union Mooresville England NCGI80218 N C Dept Of Correc- Woodworking Pit Iredell Mooresville England NCG030447 Caterpillar Lee Raleigh Evans NCG210333 Upchurch, Inc Martin Washington Evans NCGO806IS Roadway Express, Inc New Hanover Wilmington England NCG020456 Tarheel Sand & Stone, Inc Wilke,, Winston-Salem Evans NCG020458 Ronald Eugene Petty Owner/Operator Guilford Winston-Salem Lau NCG030446 N C Dept Of Correc / Metal Products Pit Caswell Winston-Salem Evans NCGO80614 Rex Oil Company David -,on Winston-Salem Lau NCG140259 Loven Re idy Mir R H Loven Co, Inc Watauga Winston-Salem Lau NCG180217 High Point Furniture InduStiie,, Randolph Winston-Salem England 1 of 2 12/21/98 1 10 PM R, JUN % Ilti( 01 ',t0III1W H LI PLIInitti ini IL"10nll 1ppio% lI Mailto Aisha Lau@h2o enr state nc us N C DENR - Division of Water Quality Stormwater and General Permits Unit (919) 733-5083 ext 578 Have a productive and joy filled day (^-^) Name julylist xls julyli5t xls Type Microsoft Excel Worksheet (applicationlvnd ms-excel) Encoding base64 Name julylistl doc julylistl doc Type Winword File (appltcation/msword) Encoding base64 2 of 2 12/21/99 1 10 PM FOR AGENCY USE ONLY — Mel 43357552 0 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTICE OF INTENT REQUESTING COVERAGE UNDER GENERAL PERMIT NO NCG140000 STORMWATER DISCHARGES associated with activities classified as Ready Mixed Concrete [Standard Industrial Classification Code (SIC) 3273] Complete this Notice of Intent (NOI) and mail to the following address North Carolina Division of Environmental Management Water Quality Section, NPDES Group P O Box 29535 Raleigh, North Carolina 27626-0535 The NOI must be accompanied with a general perrrut filing fee of $400 DO and a copy of a county map or USGS quad with the location of the facility clearly marked on the map The check should be made out to the North Carolina Department of Environment, Health, and Natural Resources Portable ready mixed concrete facilities may begin operation upon submittal of a Notice of Intent (NOI) and implementation of a stormwater pollution prevention plan Portable plants are defined as a temporary plant installation for the purpose of dedicating at least 75% of all matenals to a specific job or a plant which continuously occupies a site for a period of six months or less New permanent installations are required to submit a NOI 90 days prior to beginning industrial activities General Facility Information 1 Answer the following questions by indicating the appropriate response (yes or no) with a check mark in the space provided to the right of each question a Does this facility have any NPDES Permits9 des _no b Does this facility have any Non -Discharge permits (ex recycle pemuts)9 _yes xno c Are vehicle maintenance activities occurring on site9 __yes x no d Are any best management practices employed for stormwater control? _._yes ___no e Is this an existing facltityl des _no f Is this facility a Hazardous Waste Treatment, Storage, or Disposal facility? --yes x no g Is this facility a Small Generator of Hazardous Waste9 _yes 2Lno h Does this facility use molds to produce cast concrete products? _yes ono 2 List the permit numbers for all current NPDES and Non -Discharge permits for this facility NCS0000232 Air Permit #7554R �ell j olfK NOI 14 Page 1 of 3 Pages 3 If this is a proposed facility, list the date operation is scheduled to begin NA 4 How many stormwater discharge points (ditches, pipes, channels, etc that convey stormwater from the property) does the facility have? One 5 What is the name of the body or bodies of water (creek, stream, river, lake, etc ) that the facility stormwater discharges end up ml If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e g City of Raleigh municipal storm sewer) Laurel Fork Creek II Facility Owner/Operator Information Provide the following location information for the owner/operator of the facility This may or may not be the same as the facility location information Name Robert H. Loven, R.H. Loven Company, Inc. Address P.O. Box 1 5 5 City Pineola III Facility Location Information State NC Fill in the appropriate requested facility location information M the spaces provided Do not write "same as above" or leave any blank spaces Facility Name Loven Ready Mix , R.H. Loven Company, Inc. Contact Robert H. Loven Address 1 qqr, Hwy 4,1 nT City Boone State NC Zip 28607 County Watauga Phone 828 265-4671 Provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection) Narrative Descnption of Facility Location From Downtown Boone follow King Street North Towards Mountain City, TN The Plant is about one mile past the Watauga County Courthouse on the right (at the top of the hill conung away from Boone) . IV Industrial Activity Provide the 4 digit Standard IndustnaI Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code 3273 NOT 14 Page 2 of 3 Pages Provide a brief narrative description of the types of industrial activities and products manufactured at this facility We store sand and gravel at this location and dispatch ready mixed concrete to the general public from this site. V Cemfication I hereby request coverage under the referenced General Permit I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate Siena'ture Jude Loven print or type name of person signing above Secretary title 5-15-98 M, North Carolina General Statute 143-215 6(B)(2) provides that Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both (18 U S C Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for similar offense ) NOI 14 Page 3 of 3 Pages j t L1'rfL UL.I dTEP, GuAi r \ Apnl 23, 1998 Bradley Bennett NC Dept of Environment and Natural Resources NC Division of Water Quality, NPDES Stormwater Group P O Box 29535 Raleigh, NC 27626-0535 Dear Mr Bennett Subject R H Loven Company NPDES Permit No NCS000232 Watauga County 98 MAY 22 AM 8 16 Beth Morton recently visited our site and discussed our permit with us Our pernvt is due to expire on September 30, 1998 Our operation is a concrete batch plant From our discussions with Beth, she and I think our operations qualify for the general permit for ready mix concrete plants (NCG140000) Our application in 1993 was made with the group ready mix association Evidently the permit was issued before the general permit for ready mix concrete plants was created by the state Since our permit is up for renewal, we would like to be covered under the ready mix concrete general permit Also, we request to rescind the current permit We would like for these requests to be granted by submitting only one fee If necessary, we can wait until 90 days prior to current permit expiration Please call me at (704)733-0525 to let me know what fee I need to submit and how these requests will be handled Enclosed is a completed NOI for a ready mix general permit for this site Sincerely, Julie Loven � ��r-tom✓ �., �,�� � t+yrc °r OIL ).Wtbug litllhJ4 1 ��r ►�5S d1M? h NPDES FACILITY AND PERMIT DATA UPDATE OPTION TRXID , 5N6 KE1>;NCSO00232-.1 PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION FACILITY NRME> R H LOVEN COMPANY COUNTY),-WATAUGA - 04 ADDRESS MAILING (REQUIRED) LOCATION (REQUIRED) STREET PO BOX 155 STREET HWY 421 WEST CITY PINEOLA ST NC ZIP 28662 CITY BOONE ST NC ZIP 28607 TELEPHONE 704 733 5406 DATE FEE PAID 06/29/93 AMOUNT 400 00 STATE CONTACT) ULMER PERSON IN CHARGE ROBERT H LOVEN 1=PROPOSED,2=EXIST,3=CLOSED 11=MAJOR,2=MINOR 2 I=MUN,2=NON-MUN 2 LRT LONG N=NEW M=MODIFICATION R=REISSUE> N DATE APP RCVD 06/29/93 WASTELOAD REQS DATE STAFF REP REQS / / WASTELOAD RCVD DATE STAFF REP RCVD / / SCH TO ISSUE 09/30/93 DATE TO P NOTICE 08/16/93 DATE DRAFT PREPARED 08/06/93 DATE OT AG CQM REOS / / DATE DENIED DATE OT AG COM RCVD / / DATE RETURNED DATE TO EPA / / DATE ISSUED v-/!V% 9.3 ASS I GN/CHANGE PERMIT DATE FROM EPA / / EXPIRATION DATE ;a�9/3Oflli`J FEE CODE (© ) i=C>IOMGD),2=(>1MGD),3=(>O 1MGD) 4=(<0`1MGD)75=SF,6=(GP25 64,79) 7=(GP49 73)8=(GP76)9=(GP13 34 30 52)0-(NOFEE) DIS/C 73 CONBILL C ) COMMENTS 05 MESSAGE **.)<- ENTER DATA FOR UPDATE State of North Carolina f Department of Environment, Health and Natural Resources Division of Environmental Management James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director Robert H Loven P O Box 155 Pineola, NC 28662 Dear Mr Loven M1.9MA A&14.1 a C)EHNF1 October 4, 1993 Subject Permit No NCS000232 R H Loven Ready Mix Concrete Plant Watauga County In accordance with your application for discharge permit received on June 29, 1993, we are forwarding herewith the subject state - NPDES permit This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983 If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447 Unless such demand is made, this decision shall be final and binding Please take notice this permit is not transferable Part IT, E 4 addresses the requirements to be followed in case of change in ownership or control of this discharge This permit does not affect the legal requirements to obtain other permits which may be-), required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required If you have any questions concerning this permit, please contact Mr Steve Ulmer at 3z telephone number 919/733-5083 a Si e ly, eston , Jr erector cc Mr Jim Patrick, EPA Winston-Salem Regional Office P O Box 29535 Raleigh North Carolina 27626 0535 Telephone 919 733 7015 FAX 919 733-2496 An Equal Opportunay Affirmative Action Employer 50% recycled/ 10% post -consumer paper or Permit No NCS000232 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL P LLUTAIYT 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 Comnusston, and the Federal Water Pollution Control Act, as amended, R H Loven Company is hereby authorized to discharge stormwater from a facility Iocated at R H Loven Ready Mix Concrete Plant U S Highway 421 West Boone Watauga County to receiving waters designated as an unnamed tributary to Laurel Fork, a class " C - Trout" stream in the Watauga River Basin in accordance with the discharge limitation, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof This permit shall become effective October 4, 1993 This permit and the authorization to discharge shall expire at midnight on September 30, 1998 Signed this day October 4, 1993 A Preston Ho aid, Jr , P E , Director Division of Environmental Management By Authority of the Environmental Management Commission �r-y 4r ♦r-.�..w yw mow-[ -. .. s� R.. l J/ �T 'ZJ — � -r• - j/?,I�I�-r ram% r���r-"`J-� 4�. "�� i r ♦ s 1 C•�}ram ��� � � it 4� 4 s r r i � r r� C. Om.� ¢ �' % � .� . "' � � �•r � I F O �;, w1- 1 � 5 l I � I f l /La - fN { u PART I � , ' 4 .. • 1 ,gyp � � ` � � � � icy ._. _ i � r_�i During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity Such discharges shall be controlled, limited and monitored as specified below 1 The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan The Plan shall include, at a minimum, the following items a Site Plan The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges The site plan shall contain the following (1) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations andj impervious surfaces, the percentage of each drainage area that is7 impervious For each outfall, a narrative description of the a potential pollutants which could be expected to be present in thel stormwater discharge 1 (4) A list of significant spills or leaks of pollutants that have 1 occurred at the facility during the 3 previous years and any rn corrective actions taken to mitigate spill impacts (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges The Certification statement will be signed in accordance with the requirements found in Part 11, Standard Conditions, Section B #13 b Stormwater Management Plan The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures The Page 1 of 27 Pages stormwater management plan, at a minimum, shall incorporate the following (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination (2) A schedule, in accordance with the Schedule of Compliance (Part I, Section C ), to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the - Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff If the secondary containment devices are connected directly to 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 prior to release of the accumulated stormwater Accumulated stormwater shall be released if found to be uncontaminated Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years (3) A narrative description 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 -7 stormwater detention or retention, where necessary The need for - structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to 1 stormwater discharges and data collected through monitoring of stormwater discharges (4) Inspection schedules of stormwater conveyances and controls and 4 measures to be taken to limit or prevent erosion associated with = the stormwater systems L) c Spill Prevention and Response Plan The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility Facility personnel (or team) responsible for implementing the plan shall be identified in the plan A responsible person shall be on --site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations Page 2 of 27 Pages d Preventative Maintenance and Good Housekeeping Program A preventative maintenance program shall be developed The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program e 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 in the plan The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan Responsibilities for all components of the Plan shall be documented and position(s) assignments provided 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 This Plan shall be considered public information in accordance with Part II,Standard Conditions, Section E 8 of this permit Page 3 of 27 Pages PART I Section B. MINIMUM -MONITORING -AND REPORTING REOUItREME=S (unless otherwise approved in writing by the Director of the Division of Environmental Management) 1 The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis Implementation of the plan shall include documentation of all sampling, 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 2 The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, 413) to the Director that the changes have been made 3 Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during 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 4 Sample collection and visual monitoring, (color, foam, outfall staining, visible sheens and dry weather flow), shall be performed at all stormwater discharge outfall locations If a facility has multiple discharge locations that are required to be sampled, the permittee-may petition the Director to sample at a reduced number of outfalls if it is] established that the stormwater discharges are substantially identical ' Visual observations shall be recorded for all outfall locations ; 5 For purposes of the stormwater sampling required in this permit, all ? samples shall be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A) Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply _ a If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of the discharge Page 4 of 27 Pages b If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II, Standard Conditions, Section A), visual observations (color, foam, outfall staining, visible sheens, and dry weather flow) are required, but analytical sampling shall not be required c If the detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards 6 Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed r-t 7 Page 5 of 27 Pages 7 Specific Limitations a Stormwater from the Ready Mix Concrete Plant shall be limited and monitored as specified below Stormwater Discharge Units Monitoring Reauirements Characteristic Measurement Sample Sample Freauencvl Tve2 Location3 Total Flow4 MG 3/term SDO pH Standard 3/term Grab SDO Oil and Grease mg/1 3/term Grab SDO Total Suspended Solids mg/1 3/term Composite SDO Turbidity NTUs 3/term Grab SDO 1 Measurement Frequency -- 3/term - shall mean stormwater runoff associated with the industrial activity on -site shall be sampled once within six months of permit issuance and, where possible, prior to implementing new BMPs and development of the Plan at existing operations Thereafter, the remaining samples shall be collected during the permit term at intervals of greater than twelve months and collected during the months of April through November 2 Composite samples shall be time -weighted composites (See Part II, Standard Conditions, Section A) 3 Sample Locations SDO - Stormwater Discharge Outfall 4 Total flow shall be calculated based on the amount of area draining to the outfall, the amount of built -upon area, and the total amount of rainfall or estimated by the measurement of flow at 20 minute intervals during the rainfall event Total precipitation and duration of the event shall be a representative storm event Storm Event Characteristic Total Event Precipitation Event Duration inches 3/term hours 3/term b Stormwater discharges from any vehicle maintenance activity occurring on -site shall be limited and monitored by the permittee as specified below Stormwater Discharge Units Monitoring Requirements Characteristics Measurement Sample Sample Freauencvl =e Location2 Total Flow3 MG 3/term SDO Oil and Grease mg/l 3/term Grab SDO Lead, Total Recoverable ug/1 3/term Grab SDO Detergents (MBAS)4 mg/l 3/term Grab SDO PH Standard 3/term Grab SDO 1 Measurement Frequency - 3/term - shall mean stormwater runoff associated with vehicle maintenance activity on - site of existing facilities shall be sampled once within six months of permit issuance and, where possible, prior to implementing new BMPs and development of the Plan at existing operations Thereafter, samples shall be collected twice during the remaining permit term at intervals of greater than one year and shall be collected during the months April through November 2 Sample Locations SDO - Stormwater Discharge outfall 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the amount of built -upon area, and the total amount of rainfall or estimated by the measurement of flow at 20 minute intervals during the rainfall event Total precipitation and duration of the event measured shall be a representative storm event 4Detergent monitoring is required only at facilities which conduct vehicle cleaning operations Storm Event Characteristic units Monitoringeauuirp Qnta Total Event Precipitation inches 3/term Event Duration J hours 3/term b This permit regulates stormwater discharges Non-stormwater discharges which shall be allowed in the stormwater conveyance system are (1) All other discharges that are authorized by a non-stormwater NPDES permit (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands (3) Discharges resulting from fire -fighting If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-- stormwater discharge permit and provide this information with the stormwater discharge monitoring report J Page 8 of 27 Pages PART I 1 The permittee shall comply with Final 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 this permit and updated thereafter on an annual basis Secondary containment, as specified in Part I, Section A, 1 b 2 of this permit, shall be accomplished within 12 months of the effective date of this permit New 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 I, Section A, 1 b 2 of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity 2 Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency Page 9 of 27 Pages PART II STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS SECTION A. DEFINITIONS 1 Act or "the Act" or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq 2 Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage 3 Calculation of Means a Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values b Geometric Mean The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1) `s c Weighted by Flow Value Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of: the respective flows , 4 Bulk Storacre of Limai-&-Products Liquid raw materials, manufactured products, waste materials or by- _i products with a single above ground storage container having a capacity i of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons 5 Calendar Day The period from midnight of one day until midnight of the next day However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling 6 Coal Pile Runoff Page 10 of 27 Pages The rainfall runoff from or through any coal storage pile The Division of Environmental Management, Department of Environment, Health and Natural Resources 8 Director The Director of the Division of Environmental Management, the permit issuing authority 9 EMC The North Carolina Environmental Management Commission 10 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 11 Landfill A disposal facility or part of a disposal facility where waste as 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 12 Larrae or medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either a Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census, or b Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located' in the incorporated places, townships or towns within such counties, or c awned or operated by a municipality other than those described in ' r7 paragraph (a) or (b) and that are designated by the Director as part of r the large or medium separate storm sewer system 13 Overburden r-t 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 14 Permz,ttee The owner or operator issued a permit Page 11 of 27 Pages Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state 16 Representative Storm Event A storm event that is between 0 2 and 0 8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0 1 inches has occurred ' 9. - The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff Containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-- year, 24-hour storm event A chemical or chemical category which a Is listed in 40 CFR 372 65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986, b Is present at or above threshold levels at a facility sub3ect to SARA title III, Section 313 reporting requirements, and i c That meet at least one of the following criteria - =J (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic,) priority pollutants), Table III (certain metals, cyanides, and phenols)' or Table V (certain toxic pollutants and hazardous substances), (2) Is lasted as a hazardous substance pursuant to section 311(b)(2)(A) of, - the CWA at 40 CFR 116 4, or I f' (3) Is a pollutant for which EPA has published acute or chronic water G quality criteria Includes, but is not limited to raw materials, fuels, materials such as solvents, detergents, and plastic pellets, finished materials such as metallic products, raw materials used in food processing or production, hazardous substances designated under section 101(14) of CERCLA, any chemical the facility is required to report pursuant to section 313 of Page 12 of 27 Pages Title III of SARA, fertilizers, ashes, slag and sludge that have stormwater discharges 21 Sicrnificant Spills pesticides, and waste products such as the potential to be released with 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) The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 23 Stormwater Assgciated 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 The term does not include discharges from facilities or activities excluded from the NPDES program For the categories of industries identified in (a) through (3) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards, immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility, material handling sites, refuse sites, sites used for the application or disposal of process wastewaters, sites used for the storage and maintenance of material handling equipment, sites used for residual treatment, storage, or disposal, shipping and receiving areas, manufacturing buildings storage areas (including tank farms) for raw materials, and intermediate and finished products, and areas where industrial activity has taken place in the past and significant ._7 materials remain and are exposed to stormwater For the categories of C11 industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access' roads) where material handling equipment or activities, raw material; intermediate products, final products, waste material, by-products, or - -f industrial machinery are exposed to stormwater Material handling j activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished =' product, by-product or waste product The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122 26(a)(1)(v) The following categories of facilities are considered to be engaging in "industrial activity" Page 13 of 27 Pages a Facilities sub3ect to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition), b Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373, c Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434 11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations, inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, d Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA, e Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are sub3ect to regulation under Subtitle D of RCRA, f Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile 3unkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093, g Steam electric power generating facilities, including coal handling sites, h Transportation facilities classified as Standard Industrial 7 Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance -� shops, equipment cleaning operations, or airport deicing operations Only those portions of the facility that are either involved in vehicle, maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)- (g) or (i)-(k) of this definition are associated with industrial activity, i Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1 0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403 Not included are farm lands, domestic gardens or lands used for sludge Page 14 of 27 Pages management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA, 7 Construction activity including clearing, grading and excavation activities except operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale, k Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-(]) of this definition) 24 25 26 27 a The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equalled or exceeded, on the average, once in ten years Total Flow The flow corresponding to the time period over which the sample collection occurs The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act Grab samples are individual samples collected instantaneously Grab samples must be taken within the first 30 minutes of the storm event b Composite Sample a composite sample shall mean 7 rJ i s (1) A flow -weighted composite sample, which as a mixture of aliquots collected at a constant time interval, where the volume of each aliquot-, is proportional to the flow rate of the discharge at the time the sample as collected, or n (2) A tame -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event The grab sample to be composated must be of no less than 100 milliliters Page 15 of 27 Pages 28 Vghicle maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations • • - -• - •+ Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye 30 Waste Pile Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage 31 25-year. 24 hour storm event The maximum 24-hour precipitation event expected to be equalled or exceeded, on the average, once in 25 years SECTION B-GENERAL GQNDITIONS The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application a The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement b The Clean Water Act provides that any person who violates a permit �� condition is subject to a civil penalty not to exceed $25,000 per day -3 for each violation Any person who negligently violates any permit-' 11 condition is subject to criminal penalties of $2,500 to $25,000 per day -)- of violation, or imprisonment for not more than 1 year, or both Any person who knowingly violates permit conditions is subject to criminal::; penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both Also, any person who violates a permit' condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000 [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122 41(a) ] c Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or Page 16 of 27 Pages 2 3 4 5 [I requirements of a permit (Ref North Carolina General Statutes 143- 215 6A] d Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000 The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment Ww"41". OR - 0 M- -- Except as provided in permit conditions on "Bypassing, (Part II, C 3 ), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215 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 Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215 75 et seq or Section 311 of the Federal Act, 33 USC 1321 Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 7 Pr The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor �doeA4 it authorize any injury to private property or any invasion of personal - rights, nor any infringement of Federal, State or local laws or 'I regulations 11 L'I Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to Page 17 of 27 Pages other circumstances, and the remainder of this permit, shall not be affected thereby 7 Du-tY 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 this permit or to determine compliance with this permit The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit 8 Expiratign of Pennit The permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215 b and 33 USC 1251 et seq All applications, reports, or information submitted to the Director shall be signed and certified a All permit applications shall be signed as follows (1) For a corporation by a responsible corporate officer For the purpose of this Section, a responsible corporate officer means (a) a president, secretary, treasurer or vice president of the corporation in charge of a 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 D 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 orthe-5 proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency by ezther�,`a principal executive officer or ranking elected official b All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person A person is a duly authorized representative only if Page 18 of 27 Pages (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authorized representative may thus be either a named individual or any individual occupying a named position ), and (3) The written authorization is submitted to the Director c Certification 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 " 10 Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123,i7 Title 15A of the North Carolina Administrative Code Subchapter 2Hi 0100, and North Carolina General Statute 143-215 1 et al - i 11 Permit Action r This permit may be modified, revoked and reissued, or terminated for it cause The notification of planned changes or anticipated noncompliarK--e it does not stay any permit condition CO SECTION C.QPERATIQN AND MAINTENANCE OF PQLLUT2ON CONTROLS i .. - • . - • f- . U . . - .. • The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related Page 19 of 27 Pages K, 3 appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit 1--r • • i-�_ - • �- -�_ It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit a Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage does not mean economic loss caused by delays in production b Bypass not exceeding limitations The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the provisions of Paragraphs c and d of this section c Notice , (1) Anticipated bypass If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days ' =0 before the date of the bypass, including an evaluation of the �r anticipated quality and affect of the bypass (2) Unanticipated ass The p bypass permittee shall submit notice of an unanticipated bypass as required in Part II, B 5 of this permit q (24-hour notice) 7 d Prohibition of Bypass c� (1) 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, 7 7 J Page 20 of 27 Pages (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Weather This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering 3udgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (c) The permittee submitted notices as required under Paragraph c of this section (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d (1) of this section a Definition "Upset ' means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation b Effect of an upset An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c of this condition are met No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action sub)ect to 3udicial review c Conditions necessary for a demonstration of upset A permittee who wishes to establish the affirmative defense of upset, shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (1) An upset occurred and that the permittee can identify the cause(s) of) the upset, (2) The permitted facility was at the time being properly operated, and (3) The permittee submitted notice of the upset as required in Part II, E 5 (b) (E) of this permit J Page 21 of 27 Pages (4) The permittee complied with any remedial measures required under Part II, A 2 of this permit d Burden of proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof SECTION D. MONJTORING AND RECORD,,9 Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge Samples shall be taken on a day and time that is characteristic of the discharge All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the discharge joins or is diluted by any other waste stream, body of water, or substance Monitoring points shall not be changed without notification to and approval of the Director 2 Reporting Duplicate signed copies of all reports required herein, shall be submitted to the following address Division of Environmental Management Water Quality Section ATTENTION Central Files Post office Box 29535 Raleigh North Carolina 27626-0535 3 Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and use to ensure the accuracy and reliability of measurements of the volume of` monitored discharges -i 4 Test Procedures Test procedures for the analysis of pollutants shall conform to the EMQ regulations published pursuant to NCGS 143-215 63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136 To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure If no approved methods are determined capable of achieving Page 22 of 27 Pages minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used 5 Penalties forTaimerina The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both 6 Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application This period may be extended by request of the Director at any time 7 Recording Resultg For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information a The date, exact place, and time of sampling, measurements, inspection or maintenance activity, b The individual(s) who performed the sampling, measurements, inspection or maintenance activity, c The date(s) analyses were performed, 7 d The individual(s) who performed the analyses, e The analytical techniques or methods used, and , i f The results of such analyses --7 S Inspection and Entry CO 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, Page 23 of 27 Pages a Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit, b Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean water Act, any substances or parameters at any location 1 Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility Notice is required only when a The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122 29 (b), or b The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants which are sub3ect neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122 42 (a) (1) 2 Anticir�ated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in i noncompliance with the permit requirements 3 Transfers J This permit is not transferable to any person except after notice to and' approval by the Director The Director may require modification or (1's revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act 4 Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit Page 24 of 27 Pages 6 7 a The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance b The following shall be included as information which must be reported within 24 hours under this paragraph (A) Any unanticipated bypass which exceeds any effluent limitation in the permit (B) Any upset which exceeds any effluent limitation in the permit (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours c The Director may waive the written report on a case -by -case basis for reports under paragraph b above of this condition if the oral report has been received within 24 hours Other Noncogp—liance The permittee shall report all instances under Part II E 4 and 5 of this permit are submitted The reports shall contain II E 5 of this permit Other Information of noncompliance not reported at the time monitoring reports the information listed in Par J a _ r where the permittee becomes aware that it failed to submit any relevant facts in a permit application or in any report to the Director, it shall promptly submit such facts or information -� 8 Availability of Reports COO Except for data determined to be confidential under NCGS 143-215 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management As required by the Act, effluent data shall not be considered confidential Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215 6B or in Section 309 of the Federal Act Page 25 of 27 Pages 9 pgnaltigs for Falsification of ReDQKts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both Past III OTHER INFORMATION A Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) {2} and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved 1 contains different conditions or is otherwise more stringent than any effluent limitation in the permit, or 2 controls any pollutant not limited in the permit The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division Failure to pay the fee in timely manner in accordance with 15A NCAC 2H 0105(b)(4) may cause this Division to initiate action to revoke the permit J J) Page 26 of 27 Pages