NCG120108_Ltr_20170711

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
July 11, 2017
Ms. Claudia Irvin, EIT
S&ME, Inc.
3201 Spring Forest Rd.
Raleigh, NC 27616
Subject: General Permit No. NCGO10000 & NCG120000
Edgecombe County Landfill
Colonial Rd., Tarboro, Edgecombe County
Dear Ms. Irvin:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
TRACY DAVIS
Director
The Division of Energy, Mineral and Land Resources (DEMLR) Stormwater Program, received
your letter, dated May 10, 2017, regarding NPDES stormwater permit coverage under
NCGO10000 for the subject facility on May 22, 2017.
The subject facility was originally covered under a previous version of NCGO10000 (NCGO 1)
that expired on June 30, 2009. Based on Section III.1) Continuation of Previously Permitted
Projects in the currently effective NCGO10000 permit, the subject facility's construction
activities will continue to be valid with the previous permit conditions (the one that expired in
2009) and will be considered covered still under the currently effective permit. Please be aware
that the above permit condition could change in the next renewal of NCGO 1. That renewal
process will be taking place this year as it expires July 31, 2018.
As an additional matter, this facility's landfill activities are also captured under 40 CFR 122.26
and North Carolina G.S. 143-215.1; but they are not currently covered under NCG120000 for
Landfills. They must apply for coverage under NPDES Stormwater General Permit
NCG120000 for Landfills. The application form (NOI) is enclosed; and related information can
be found on our website at: https://dgg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-permits/stormwater-permits/npdes-industrial-sw#tab-3
If you have any questions concerning this matter please feel free to contact me at
Robert.Patterson(a,ncdenr.gov or [phone].
Nothing Compares
SState of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
919 707 9200

Sincerely,
/"�'��
Robert D. Patterson, PE
Stormwater Engineer
Stormwater Program
Enclosure
cc: Raleigh Regional Office — Thad Valentine
Jimmy Price — Edgecombe County Solid Waste Dept.
Nothing Compares, -
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
512 N. Salisbury Street 11612 Mall Service Center I Raleigh, North Carolina 27699-1612
919 707 9200

NCDEQ — Division of Energy, Mineral and Land Resources
Land Quality Section
1628 Mail Service Center
Raleigh, North Carolina 27699
Attention: Mr. John Holley, P.E. sent via email:john.holley@ncdenrgov
Regional Engineer
Reference: Edgecombe County Landfill
NPDES General Stormwater Permit NCG1000
Project No. EDGEC-2009-009 RIrr%
Edgecombe County, Colonial Road, Tarboro, North Carolina C.► Jv�`j`�
S&ME Project No. 4305-15-176A MAY 2192017 `✓
Dear Mr. Holley:
y o PIRAOrlrya
S&ME, Inc. (S&ME), on behalf of Edgecombe County, is requesting the Land Quality Section (LQS) review
the County's permit, and provide a recommendation on how to renew the existing National Pollutant
Discharge Elimination System (NPDES) General Stormwater Permit (NCG1000) for the Edgecombe County
landfill. Background information about the landfill facility operations are included in this request,
including a copy of the NPDES General Stormwater Permit, previously issued by NCDEQ on May 20, 2009.
This letter is a follow up to emails sent by Ms. Claudia Irvin of S&ME to Ms. Evangelyn Lowery -Jacobs of
DEQ on September 30, 2016; emails sent by Ms. Irvin to you on December 6, 2016 and February 28, 2017;
and a telephone conversation between Ms. Irvin and you on November 22, 2016.
❖ Background
Edgecombe County currently operates a Construction and Demolition (C&D) landfill on top of a closed
Municipal Solid Waste (MSW) unit at 2872 Colonial Road, Tarboro, North Carolina, on the western side of
Colonial Road. Other activities at the facility include a public convenience (drop-off) center, a MSW
transfer facility, a scale and scale house, and storage for white goods, wood pallets, concrete, pesticide
container, mercury containing products, electronics and oil filters, yard waste staging areas and support
buildings. Weekly soil cover for the C&D landfill is obtained from Borrow Area No. 2 located east of
Colonial Road. The C&D landfill facility is operated under Permit No. 3301-CDLF-1997, issued by the
NCDEQ-DWM, Solid Waste Section, and the MSW Transfer Station under Permit No. 3302T-TRANSFER-
1998. The Permit to Operate the C&D landfill expires on March 31, 2020, and the Permit to Operate the
MSW Transfer Station expires July 17, 2024.
S&ME, Inc. 13201 Spring Forest Road I Raleigh, NC 27616 1 p 919.872.2660 1 f 919.876.3958 I www.smeinc.com

Edgecombe County Landfill
NPDES General Stormwater Permit NCG1000
#S&ME Edgecombe County, Colonial Road, Tarboro, North Carolina
S&ME Project No. 4305-15-176A
❖ Permit Status
The Erosion & Sediment Control (E&SC) Plan, dated May 15, 2009 (revised May 22, 2009), was prepared
by S&ME to cover three main areas of land disturbance at the County's solid waste facility: 1) construction
areas described by the facility's proposed groundwater corrective measures; 2) the landfill waste filling
operations; and 3) the soil borrow areas. (Section 1.1, 3rd paragraph of the E&SC Plan). A portion of the
groundwater corrective measures have been constructed, and additional corrective measures are planned
to be constructed in late 2017 and in 2018. In the 1st paragraph of the May 20, 2009 Letter of Approval
with Modifications it states "This plan approval shall expire three (3) years following the date of approval,
if no land -disturbing activity has been undertaken, as required by 15A NCAC 4B.0129".
Because the County has been conducting land —disturbing activities since the issuance of the NPDES
permit in 2009, in accordance with the approved E&SC Plan, please advise if the NPDES permit remains
valid.
+ Closure
Edgecombe County has operated, and intends to continue operating their facilities, in good faith
consistent with the E&SC Plan, and the NPDES permit conditions on record. However, we wish to resolve
the permit status as soon as possible. Please contact Sam Watts or Claudia Irvin at [phone] if you
have questions, or comments.
Sincerely,
S&ME, Inc.
Claudia B. Irvin, E.I.T. Samuel P. Watts, P.G.
Staff Professional Senior Project Manager
Attachments: Current E&SC Permit and Approval Letter Dated May 20, 2009
cc: Mr. Jimmy Price —Edgecombe County Solid Waste Department
T:\Projects\2015\ENV\4305-15-176A Edgecombe 2016-2017 Operation Compliance\P9 Update E&SC Plan\5-6-2017_Edgecombe
County Landfill E&SC Permit Review Letter.docx
May 10, 2017

A,
'A
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 20, 2009
LETTER OF APPROVAL WITH MODIFICATIONS
County of Edgecombe
ATTN :- Danny Bagley
P.O. Box 10
Tarboro, NC 27886
RE: Project Name: Edgecombe County Landfill
Project ID: EDGEC-2009-009 Acres Approved: 30.00
County: Edgecombe, Colonial Road, Tarboro, NC
River Basin: Tar -Pamlico Stream Classification: Other
Submitted By: John A Moody, S&ME
Date Received by LQS: 3/18/09; 4/13/09_; 5/15/09
Plan Type: New
Dear Sir or Madam:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable with modifications and hereby issue this letter of Approval with Modifications. The
Modifications Required for Approval are listed on the attached page. This plan approval shall expire
three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as
is required by Title 15A NCAC 4B .0129.
Please be advised that Title l 5A NCAC 4B .0118(a) requires that a copy of the approved erosion
control plan be on file at the job site. Also, you should consider this letter to give the Notice
required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the
approved plan.
North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the commencement
of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statute I I3A-51 through 66), this office may require revisions to the plan and implementation of the
revisions to insure compliance with the Act.
Raleigh Regional Office
1628 Mail Service Center, Raleigh, North Carolina 27699 Phone: [phone] / Fax: [phone]

Letter of Approval With Modifications
Project :- Edgecombe County Landfill
May 20, 2009
Page 2 of 3
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval.
Please be aware that your project will be covered by the enclosed NPDES, General Stormwater
Permit NCGO1000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
Due to the location of this project, it should be noted that a rule to protect and maintain existing
buffers along watercourses in the Tar -Pamlico River Basin became effective on January 1, 2000.
The Tar -Pamlico River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0259)
applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Tar -Pamlico River
Basin with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing
vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance or
new development within the first 30 feet of land next to the water (the remaining 20 feet of the total
buffer must be revegetated upon completion of any proposed land -disturbing activity). In riparian
areas with existing vegetation that is less than 30 feet wide, the rule prohibits land disturbance or
new development within the area that contains the existing vegetation (but not the entire 50 foot
riparian area). For more information about this riparian area rule, please contact the Division of
Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality representative at
this regional office.
Pleas., note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you have provided. You are requested to file an amended
form if there is any change in the information included on the form. In addition, it would be helpful
if you notify this office of the proposed starting date for this project. Please notify us if you plan to
have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
'Caryn Pageau, EIT, CPESC
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES Permit
cc: John A Moody, PE, S&ME, 3201 Spring Forest Road, Raleigh, NC 27616
Danny Smith, DWQ — SWP Supervisor, Raleigh Regional Office

Letter of Approval With Modifications
Project:- Edgecombe County Landfill
May 20, 2009
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Edgecombe County Landfill
Project ID: EDGEC-2009-009
County: Edgecombe
1.Provide energy dissipators that were shown on drawings downstream of pipe discharge for skimmer
basins 1, 2, and 12.Revise staking detail for coir rolls to show stakes being placed along outside edge
of roll through a minimum of 2 appertures. Provide either alternate spacing of stakes upstream side
then downstream side or stakes spaced along the downstream side of roll. 3.Provide 1 copy of
drawings revised as a result of requested changes to this office by June 15, 2009 or prior to
construction beginning, whichever is sooner.

Permit No. NCG010000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER UNDER THE
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 North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,
All owners or operators of stormwater point source discharges associated with construction
activities including clearing, grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a
separate storm sewer system conveying stormwater to the surface waters.
The General Permit shall become effective on October 1, 2008.
The General Permit shall expire at midnight on June 30, 2009.
Signed this day October 20, 2008.
Original Signed by Coleen H. Sullins
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Page 1 of 20 Pages

Permit No. NCGO10000
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the pemuttee is authorized to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources,
Land Quality Section, or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a
separate storm sewer system. All discharges shall be in accordance with the attached schedules
as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval. The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards. Discharges allowed by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231
and water quality certification requirements as outlined in 15A NCAC 2H .0500.
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.
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or delegated local program shall be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program. Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to the time the permit is needed .
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be rescinded and coverage under this General Permit be
provided.
Page 2 of 20 Pages

Permit No. NCGO10000
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with construction activity. Such
discharges shall be controlled, limited and monitored as specified below.
Prior to the commencement of construction, the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and
Natural Resources, Division of Land Resources, Land Quality Section, (or an approved
local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission.
2. The Permittee shall implement the plan, which has been approved by the approval
authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan, shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program). Such a deviation from
the approved plan shall be noted on the approved plan maintained at the job site. During
active construction, a copy of the approved plan shall be maintained on the site.
3. Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any
other petroleum products, shall not be discharged onto the ground or into surface waters.
Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal
regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters, surface or ground, of the
state. _
4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be
consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
Page 3 of 20 Pages

Permit No. NCGO10000
5. All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
6. The Permittee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur.
Page 4 of 20 Pages

Permit No. NCG010000
SECTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality.
All erosion and sedimentation control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d) list for construction related indicators of impairment such as turbidity or
sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee.
(** The latest approved list may be obtained from the Division of Water Quality, or from
the following website location: http://`h2o.enr.state.nc.us/su/construction303d)
2. Once land disturbance has begun on the site, stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in #1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site,
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits.
Stormwater Discharge
Characteristics
Monitoring
Typel
Monitoring
Location2
Clarity
SDO
Floating Solids
SDO
Suspended Solids
SDO
Oil Sheen
SDO
Other obvious indicators
of stormwater pollution
SDO
Footnotes:
l Monitoring Type: The monitoring requires a qualitative observation of each
stormwater outfall. No analytical testing or sampling is required.
2 Sample Location: Stormwater Discharge Outfall (SDO)
The operator shall keep a record of inspections. Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kept with the records as to
the measures taken to control future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be
made available to DWQ or authorized agent upon request.
Page 5 of 20 Pages

Permit No. NCG010000
SECTION C: SCHEDULE OF COMPLIANCE
1. The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover..
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
Page 6 of 20 Pages

PART II
STANDARD CONDITIONS
SECTION A: DEFINITIONS
1. Act or "the Act" or CWA
Permit No. NCGO10000
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. DWO or Division
The Division of Water Quality, Department of Environment, and Natural Resources.
4. Director
The Director of the Division of Water Quality, the permit issuing authority.
5. EMC
The North Carolina Environmental Management Commission.
6. Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan.
7. Point Source Discharge
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.
8. Administrator
Page 7 of 20 Pages

Permit No. NCGO10000
The Adminstrator of the U. S. Environmental Protection Agency.
SECTION B: GENERAL CONDITIONS
1. Duty to Comply.
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for:
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon 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 and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water Act provides that any person who violates section 301, 302, 306,
307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
such sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean
Water Act provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any
person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any
person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,600 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions.
Page 8 of 20 Pages

Permit No. NCGO10000
(c) Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC 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 this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $137,500.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in Section C. of this permit regarding bypassing of stormwater control
facilities, nothing in this general 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.
4. Oil and Hazardous Substance Liability
Nothing in this general 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.
5. Propegy Rights
The issuance of this general 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.
Page 9 of 20 Pages

Permit No. NCGO10000
6. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
7. 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 certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
When an Individual Permit may by a Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an
individual permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
9. When an Individual Permit may be Requested
Page 10 of 20 Pages

Permit No. NCGO10000
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
10. Signatory Requirements
a. All applications, reports, or information submitted to the Director shall be signed and
certified 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 provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Director.
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Permit No. NCGO10000
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
" I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
IL . General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. seq.
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Permit No. NCGO10000
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 general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the intentional 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.
Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part H, E. 3.(b)(1) of this general permit. (24-
hour notice).
d. Prohibition of Bypass
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Permit No. NCGO10000
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of 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
(3) The permittee submitted notices as required under Paragraph c. of this section.
The Director may approve an anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed above in Paragraph d.
of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
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
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Permit No. NCG010000
(3) The permittee submitted notice of the upset as required in Part IL E. 3. (b) (2) of
this general permit.
(4) The permittee complied with any remedial measures required under Part 11, A. 2.
of this general permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
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I' • 101 10111
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. 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. .
2. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general 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.
Records Retention
The permittee shall retain records of all monitoring information and copieg"of all reports
required by this general 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.
4. Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses; ,
e. The analytical techniques or methods used; and
f. The results of such analyses.
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Permit No. NCGO10000
5. 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 general
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general 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.
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Permit No. NCGO10000
SECTION E: REPORTING REOUIREMENTS
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
subject neither to effluent limitations in the general permit, nor to notification
requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general permit
requirements.
3. Twenty-four Hour Reporting
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:
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours.
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Permit No. NCGO10000
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.
4. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in any
report to the Director, it shall promptly submit such facts or information.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, discharge 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.
6. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general 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.
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Permit No. NCGO10000
SECTION F: LIMITATIONS REOPENER
This general 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 general permit; or
b. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
Page 20 of 20 Pages