Loading...
HomeMy WebLinkAboutNCS000325_Final Permit_20090501STORMWATER DIVISION CODING SHEET PERMIT NO. /\\) DOC TYPE E FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ I Uo cl Q / CDC YYYYM M DD 4MIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 3, 2009 Mr. Marlo Carter Myers Industries — Patch Rubber Company PO Box H Roanoke Rapids, NC 27870 Subject: Final NPDES Stormwater Permit Permit NCS000325 Patch Rubber Company Halifax County Dear Mr. Carter: Dee Freeman Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000325, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on February 2, 2009. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 'Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the 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. Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolina Location: 512 -8 N. Salisbury0 FA St. Raleigh, North Carolina 27604 ;Vaturally Phone: 919-807-63001 FAX: 919-807.6494 \Customer Service: 1-877-623-6748 K Internet: www.ncwaterqual4.org An Eaual O000rtunitv \ Affirmative Action Emolover Mr. Marlo Carter Patch Rubber Company Permit No. NCS000325 If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian.lowther Qncmail.net. Sincerely, pRIGINAI-� 1�� *N for Coleen H. Sullins, Director cc: Raleigh Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Attachments: NCS000325 NPDES Stormwater Permit 2 NCS000325 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, Myers Industries is hereby authorized to discharge storinwater from a facility located at Patch Rubber Company,.Inc. 100 Patch Rubber Rd Roanoke Rapids, NC Halifax County to receiving waters designated as Roanoke River, a class C stream in the Roanoke River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. . This permit shall become effective May 1, 2009. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this day April 3, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000325 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 FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A:. Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 1 Permit No. NCS000325 3. Signatory Requirements - 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000325 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. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. 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 that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source. discharge to surface waters of the state is prohibited. unless it is an allowable non-stormwater discharge or is covered by another permit; authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the. permittee from responsibility for compliance with- any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP H Is W Scale 1; 24,000 Patch Rubber Company, Inc. Patch Rubber Company Lad trade: 360 26' 23" N Longitude: 77° 3738" W County: Halifax Receiving Stream: Roanoke River Stream Class C Sub -basin: 03-02-08 (Roanoke River Basin) Permit No. NCS000325 Facility Location Part I Page 2 of 2 Permit No. NCS000325 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater oulfall(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. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.nc.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Pail II Page 1 of 10 Permit No. NCS000325 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Storrnwater 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 Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and :Reauthorization Act (SARA) water priority chemicals and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. 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 closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 2 of 10 Permit No. NCS000325 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility persotuiel (or the team) responsible ror implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for 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. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) 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 and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural RMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for 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, and their annual training shall be documented by the signature of each employee trained. 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. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 Permit No. NCS000325 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. 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 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II. B and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions 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 the Director's authorized representative immediately upon request. Part II Page 4 of 10 Permit No. NCS000325 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is 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. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyl Sample Type2. Sample Location3' Zinc, total recoverable mg/L semi-annual Grab SDO COD mg/L semi-annual Grab SDO pH standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle . the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 Permit No. NCS000325 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2 A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period1'2 Sample Number Start End Year 1 — Period 1 1 May 1, 2009 October 31, 2009 Year 1 — Period 2 2 November 1, 2009 April 30, 2010 Year 2 — Period 1 3 May 1, 2010 October 31, 2010 Year 2 — Period 2 4 November 1, 2010 April 30, 2011 Year 3 — Period 1 5 May 1, 2011 October 31, 2011 Year 3 — Period 2 6 November 1, 2011 April 30, 2012 Year 4 — Period 1 7 May 1, 2012 October 31, 2012 Year 4 — Period 2 8 November 1, 2012 April 30, 2013 Year 5 — Period 1 9 10 May 1, 2013. November 1, 2013 October 31, 2013 Year 5 — Period 2 April 30, 2014 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the pemittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Zinc, total recoverable mg/L 0.067 COD mg/L 120 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000325 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If. During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Inunediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in•the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000325 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benclunark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: ® require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; ® require the permittee to install structural stormwater controls; ® require the permittee to implement other stormwater control measures; or ® require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with a fish advisory -mercury. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Roanoke River the permittee may be required to monitor for the pollutant(§) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. "There are currently two approved TMDLs for Roanoke River that are dissolved oxygen and dioxine. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Storinwater Pollution Prevention Plan. Part II Page 8 of 10 Permit No. NCS000325 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 in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater, discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring; Requirements Discharge Characteristics Frequencyl Monitoring' Location2 Color selrri-atirrual 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 Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered fora renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform Part II Page 9 of 10 Permit No. NCS000325 analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B) All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequency] Sample '' T ` e2 Sample Location3 pH standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered fora renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6 Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 10 of 10 4 Permit No. NCS000325 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 storinwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: 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 II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: 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 II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Du1y to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a.permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC 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 II violations are not to exceed Part III Page I of 8 Permit No. NCS000325 $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. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of storrnwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. - Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Properly Rim 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 pen -nit 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. 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 perrittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tamperine 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 pen -nit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000325 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 othei document Submitted of required to be inanrtairrod 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: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the pennittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any pennittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This pen -nit 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. The Permittee is required to, notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000325 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 eta]. 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. Need to Halt or Reduce Not a Defense It shall not be a. defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stornwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000325 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; 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; C. 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. 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. Part III Page 5 of 8 Permit No. NCS000325 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 fi•om the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under- this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 -days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part III Page 6 of 8 Permit No. NCS000325 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availabilfty 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 143-2.15.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the pennittee 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 motice 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). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an -evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 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 Part III Page 7 of 8 Permit No. NCS000325 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 wrltten submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an'application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000325 PART IV LIMITATIONS REOPENER I his 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 inamier in accordance with 15A NCAC 2H .0105(b)(4) inay cause [his Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-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 Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000325 5. Bypass A bypass is the known diversion of stormwater from any portion of a stonnwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.-seq. 8. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stonnwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000325 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 16. 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. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000325 (1) Is listed in Appendix D of 40 CFR part 122 on 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 31 l(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. 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. 25. 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; auy 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. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. 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. 29. 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. 30. 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. Part VI Page 4 of 5 Pages Permit No. NCS000325 31. Total Flow The flow couesponding to the Buie period over which [lie entire norm event occurs. I otal 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. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. 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. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. 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. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event. expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governer DATE: February 16, 2009 TO: Daily Herald Division of Water Quality Coleen H. Sullins Director NUMBER: Hera ldclassifiedCcDrrdailyheraId. Corn FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Den Freeman Secretary Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, February 17, 2009. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENR/DWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Myers Industries, P.O. Box H, Roanoke Rapids, NC 27870 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Patch Rubber Company, 100 Patch Rubber Rd, Roanoke Rapids, NC, Halifax County. The facility discharges to waters designated as the Roanoke River, within the Roanoke River Basin. Copies of the draft permit, No. NCS000325, are available at the following website: http://h2o.enr.state.nc.us/su/publicnotice.htm Or by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 brian.lowther@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than March 17, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000325. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6494 t Customer Service: 1-877-623-6748 Internet: vA w rimaterquality.org An Equal Opportunity \ Affirmative Action Employer One NorthCaro ina G u €' PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27G©D 1617 Myers Industries, P.O. Box H, Ro- anoke Rapids, NC 27870 has applied for an NPDES Stormwater Permit to discharge storm - water associated with industrial activi- ties at a facility lo- cated at Patch Rub- ber Company, 100 Patch Rubber Rd, Roanoke Rapids, NC, Halifax County. The facility dis- charges to waters designated as the Roanoke River, within the Roanoke River Basin. Copies of the draft permit, No. NC,000025, are available at the fol- lowing website: h2o.enr.state.nc.us/su/pub- licnofice.htm Or by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 brian.lowtherC ncma il.net Persons wishing to comment upon or object to the pro- posed determination are invited to submit their comments in writing to the above address no later than March 17, 2009. All comments received prior to that date will be consid- ered in the final de- termination regard- ing permit issuance. All comments and requests should ref- erence draft permit number NCS000325. February 17; 2009 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 13, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Raleigh Regional Office Subject: NPDES Stormwater Permit No. NCS000325 Patch Rubber Company, Inc. Roanoke Rapids, NC (Halifax County) Attachment Description ® Staff Report ® Draft Permit ® Renewal Application Please sign Staff Report and provide comments. Return to Brian Lowther at the Central Office by February 14, 2008. Brian Lowther Division of Water Quality Stormwater Permitting Unit Post -Construction Application 1617 Mail Service Center Raleigh, NC 27699-1617 E2 7A 3a0� Nolt1 Caro Ii na ,Yatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6030 Customer Service Internet: www.ncwa(erg ualitv.orq Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper N`CS000325 (�F w A,FR Beverly Eaves Perdue, Governor Dee Freeman, Secretary �le North Carolina Department of Environment and Natural Resources [ Coleen H. Sullins Director Division of Water Quality � F STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues: Patch Rubber Company, Inc. NCS000325 100 Patch Rubber Rd, Roanoke Rapids, NC (Halifax County) TIRES AND INNER TUBES 3011 See Figure 1 Roanoke River Basin, Sub -basin 03-02-08 C See attached draft permit. See Table 1 Return to: Brian Lowther, (919) 807-6368 Issue Rating Scale: 1 eas to 10 hard Compliance history 3 Benchmark exceedance I Location (TMDL, T&E species, etc) 4 Other Challenges: • Outfalls 5 Difficult Rating: 13/40 Description of Onsite Activities: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftermarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, communications, mining, manufacturing, transportation, and other industries. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 Sector Y — Rubber, Miscellaneous Plastic Products, and Miscellaneous Page 1 of 7 v. NCS000325 Manufacturing Industries. • 303(d) List, 2006 final • 2006 Roanoke Basinwide Plan History: • November 27, 1995: Date permit first issued. Permit required analytical monitoring for Toluene, Methylene Chloride, 1,1,1—Trichloroethane, and Phenols. Sampling was done annually. • June 12, 2000: Reminder letter sent for renewing permit. • April 19, 2002: Date permit re -issued. Permit required no analytical monitoring. • September 5, 2006: Reminder letter sent for renewing permit. • October 31, 2006: Pennittee submitted renewal application. • December 12, 2006: Inspection by Myrl Nisely. The inspection found the stormwater leaves via two discharge points and flows to the Roanoke River. Page 2 of 7 NCS000325 ( Figure 1: Man of F-wility of5 4 3! .i, �: 14 'S_ � ,:, %.._. f y ,•: r .q le, IVI Rat Q, 4 V A i etA 114, " X J: J,. ... . N� ETsI V;: Jti 7 A Yl� 4, X Y Patch Rubber Company a - -rkl a� J: k Af 7� Az f'. -J;,tr� a 'A 0" Gil N eldoii j "V A % IN, NCS000325 Patch Rubber Company, Inc. Patch Rubber Company 1 3 S, Latitude: 36cl 26' 23" N t I Longitude: 770 3738" W j County: Halifax Recei-ving Stream: Roanoke River Stream Class: C Facility Location Map Scale 1.-24,000 Sub -basin: 03-02-08(Roanoke River Basin) Page 3 of 7 NCS000325 Central Office Review Summary: 1. Owner's Other Permits: Air Quality — CAA 3708300159 General Observations: They are a diversified rubber manufacturer with over 50 years experience compounding and manufacturing tire repair and retreading products, industrial rubber products, and permanent and traffic marking tapes. From atchrubbec.ci>»>/industri��l rublaer/about prc�htm_ l: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftermarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, communications, mining, manufacturing, transportation, and other industries. Located in Roanoke Rapids, North Carolina, Patch Rubber Company has over 200 employees and operates from a 200,000 sq. ft. climate -controlled complex. In 55 years, we have grown from a producer of hand -assembled tire repair patches out of rented facilities in Akron, Ohio, to a fully -integrated manufacturer with custom rubber compounding, calendering, extruding, and cement mixing capabilities. Our in-house R&D lab, engineering and design specialists, and production staff are dedicated to continuous improvement in product quality and on -time delivery. Recent certification to ISO 9001 quality standards supports our position for continued growth and our company mission: "Committed to Being the Best at Meeting Customers' Needs." Manufacturing Capabilities: Compound Mixing (Banbury), Catendering, Extruding, Slitting & Re -rolling, Compression, Transfer, & Convection Curing, Adhesive Mixing, Adhesive Laminating, Climate Controlled Manufacturing & Storage, and Lab Testing & Formulating. Chemical tanks from site map: 1,000 Gal. AST (Trichloroethene Empty), 5,000 Gal. AST (Heptane), 5,000 Gal. AST (Heptane), 2,000 Gal. AST (Cleaner Fluid), 2,000 Gal. AST (Cleaner Fluid), 10,000 Gal. AST (Heptane) and 10,000 Gal. AST (Hydrotreated Naphthenic Process Oil). 3. Impairment: The Roanoke River is on the 2006 303(d) list for fish advisory -mercury. There are also TMDLs for dissolved oxygen and dioxin. Basinwide Plan indicates Roanoke River (23-(26)a) is supporting aquatic life due to DWQ and USGS concurrent ambient monitoring at these sites. During this assessment period no benthic or fish community sites were sampled on the Roanoke River due to resource constraints and high flows. It is noted that severe bank erosion is occurring on the Roanoke River. River flows are managed for flood control by the US Army Corp of Engineers and for hydropower generation by private industries. These managed flows are not similar to natural seasonal flow conditions and subsequently extend the length of time flooding occurs on the floodplain and in backswamps. In addition, frequent managed high flows at bankftill heights further accelerate river bank erosion. 4. Threatened and Endangered: There were no federally protected species within 2 miles of the site based on the Natural Heritage Virtual Workroom. 5. Location: Classified C Stream 6. Industrial Changes Since Previous Permit: No changes since the permit renewal was filed. 7. Analytical Monitoring Notes: There is no analytical monitoring currently. In the EPA Multi Sector General Permit Sector Y for Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries the recommended analytical monitoring includes Zinc. Zinc was added to the analytical monitoring. COD was added to the renewal permits monitoring because of the TMDL dissolved oxygen for Roanoke River. S. Qualitative Monitoring Notes: The visual monitoring was done 10 times from 6/7/2002 to 9/25/2006. The results were all the same and showed no signs of pollutants. Page 4 of 7 NCS000325 Revised Permit Recommendations: Analytical Monitoring: 1. Zinc, COD and pH has been added to the analytical monitoring requirements. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The pennittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part I1 Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stor nwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 5 of 7 NCS000325�_ Discussions with permittee: Marlo Carter, 252-536-2574, mcarter@patchrubber.com, 12/11/08 1. What is the owner and facility names for this site? Meyers Industries, Patch Rubber Company. 2. General description of industrial activities? Has a banbury mixer onsite. Produces tire patches, highway marking tape and solvent based adhesives. 3. Have there been any changes since filing the application? No 4. Why were all the qualitative monitoring the same? The outfall is one pipe that drains water from the roof. Doesn't have any problems and the visual monitoring is all the same. 5. What do you have stored outside? What is stored in drums? Sealed drums. Waste oil drums are stored inside. Pallets both plastic and wood. Few pieces of equipment. 6. How many outfalls are there? The permittee said there is only one but did say there is a pipe with catch basins that end on the south part of the property. 7. Do you have vehicle maintenance onsite? No Follow up Questions Marlo Carter, 252-536-2574, 01/09/09 8. Why were the paiatneters removed from the first permit? (Toluene, Methylene Chloride, 1,1,1 TCA, Phenols, and TSS) Have the chemicals changed or no longer onsite? The permittee said that all the values were low before. 9. The site plan has ASTs w/ "naphthenic oils, "cleaner fluid" and "adhesive plant". What type of solvent based adhesives do you have? The cleaner fluid is 80% Heptane and 20% Acetone. The company's website had a list of MSDS for the chemicals onsite. lion://wiviv.yatclarz.ibber.cona/ilzdaistrial rubber/msds html Most of the chemicals contained Heptane and Carbon Black. Two chemicals contained Trichloroethylene. 10. Where are the outfalls? There are 2 outfalls. One pipe at the north of the property and one on the south. They have only been sampling from the north outfall. Page 6 of 7 The yard slopes to a channel parallel to the building, so that rainwater runs into a series of four grates along the side of the building. Roof drains tie into the grate system, all headed to the S end (on the right) of the building. Turning the corner of the building, there is no industrial activity on the S side discharge pipe serving the 4 grates exits to the right. b In my opinion, there is no threat to the environment from the stormwater collected by this system, nor is there any activity of concern outside the south end of the building. Myrl A. Nisely NNCS000325Y . C Recommendations: Based on the documents reviewed, the application information submitted on October 21, 2006 sufficient to issue an Individual Stomiwater Permit. Prepared by (Signature) Date E b" 9 Storm -water Permitting Unit Supervisor Date /Z✓x "9 for Bradley Bennett Concurrence by Regional Office Dates --- RO Water Quality Supervisors D __- ate 2 � ��d/._C% / Regional Office Staff Comments (attach additional pages as necessary) The site has been monitoring one outfall located in the north of the property. Should the other southwest outfall be sampled too? t: w�j� ✓' %�' k,(t LD ,� f (} L UAL C ✓✓ /��'Lyh 1✓ `2 y Ci'LPi W / { IC ,L�.. `�' .a.�.-i�*�✓1 �d �%i`!�C�'`' � '�L `� r, r � � ""l �'}�t,..�`l �/,(JJJ�}(q' rA1f'� /fj1�''rGC �X,L •��L.� �r.Z '�'"ti rx, �l { J � �t� � ilk4 i L �`L 76(I Page 7 of 7