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HomeMy WebLinkAboutNCS000106_FINAL PERMIT_20090801 (2)STORMWATER DIVISION CODING SHEET NCS PERMITS PERMIT NO. 5 0CA�)\0X0 DOC TYPE N FINAL PERMIT ❑ MONITORING REPORTS ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 2� pg� I YYYYM M DD EN North Carolina Beverly Eaves Perdue Governor Mr. Mary Lee Ransmeier KapStone Kraft Paper Corporation 100 Gaston Road Roanoke Rapids, NC 27870 Dear Ms. Ransmeier. AjLA NC®ENR Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director August 23, 2010 Subject: Final NPDES Stormwater Permit Permit NCS000106 KapStone Kraft Paper Corporation Halifax County Dee Freeman Secretary In response to your submitted construchdn plans for your BMP Management Plan required in your NPDES stormwater permit NCS000706, the Divi3t�on of Water Quality (Division) is sending this approval letter. The construction plans and associated documentation were submitted in a timely fashion and are adequate for the construction and implementation of your selected BMPs. Please take notice, the selected BMPs shall be installed, operating, _ implemented not later than January 31, 2011. Monthly progress reports shall be submitted to the Division between July 31, 2010 and January 31, 2011, or until final installation, operation, or implementation of the selected and approved BMPs is achieved. Please remember the benchmarks will be activated in two years after the permit was issued and the a 4:proval and implementation of the BMP Management Plan does not eliminate the need for the stormwater samples to he below the benchmarks. If the samples are above the benchmarks then the tier system will come into effect which could include additional measures to the selected BMPs in the BMP Management Plan. If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or bl'i,iii.lovN,ther@ncdenr.gov. Sincerely, Brian C. Lowther cc: CRaleigh Regional Office, Water Quality Section Stormwater Permitting Unit Central Files VN,etlanrs and Slc, .,water Branch AUG Flc" 1617 Nall Service C_-mer, ,Ralegh, North Carolina 27699-1617 One t Location: `12 N. Salishu , S1 �7. Ralehh, North Carolina 27604 Ortr 1,, I Caatr01 I n a Prove: 919 807 53001 FAX: 919A07-64941 Customer Service: 1-877-623-6748 JVaillr�rlly Inien2t' W-".ncwaterGua6n.ora 4n Fnal ^nan^ona, :!fsma!iv: A.^,floc Fmdovpr cc: A7jA NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary - March 23, 2010 i 'F )� t Mr. Mary Lee Ransmeier 1 KapStone Kraft Paper Corporation ��J ;i MAR ? A 2010 i? 100 Gaston Road _ Roanoke Rapids, NC 27870 � �, - • • - - , . _ _,cam l Subject: Final NPDES Stormwater Permit Permit NCS000106 KapStone Kraft Paper Corporation Halifax County Dear Ms. Ransmeier: hi response to your submitted BMP Management Plan required in your NPDES stormwater permit NCS000106, the Division of Water Quality (Division) is sending this approval letter. The plan required evaluating and selecting BMP options based on the assessment of the potential for sources to contribute significant quantities of po_lutants to stormwater discharges, and based on data collected through historical monitoring of stormwater discharges. The submitted plans meet these requirements. the plan states the goal of the report is to recommend effective measures that will provide a direct benefit to reducing the pollutants loads in the mill's runoff from the Tent Sub -basin. The selected BMPs should not only be implemented in the Tent Sub -Basin but all the drainage,areas with stormwater outfalls on site. However, the site can still take their qualitative monitoring samples at the Tent Sub -basin outfall as a representative sample. Pleas^ take notice, upon receipt of this approval you shall develop construction plans for the selected and approved BMPs. Construction plans, including a narrative description, a construction schedule, and supporting design calculations, must be submitted for each BMP not later than July 31, 2010. Please remember the benchmarks will be activated in two years after the permit was issued and the approval and implementation of the BMP Management Plan does not eliminate the need for the stormwater samples to be below the benchmarks. If the samples are above the benchmarks then the tier system will come into effect which could include additional measures to the selected BMPs in the BMP Management Plan. If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian,lowthe 4 icdenr ov. Raleigh Regional Office, Water Quality Section Stormwater Permitting Unit Central Files Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Eaual C000nuniN l Affirmative Action Emolover Sincerely, Brian C. Lowther NorthCarol ina Alturally ®. NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director July 24, 2009 Mr. Mary Lee Ransmeier KapStone Kraft Paper Corporation 100 Gaston Road Roanoke Rapids, NC 27870 Subject: _ Final NPDES Stormwater Permit Permit NCS000106 KapStone Kraft Paper Corporation Halifax County Dear Ms. Ransmeier: Dee Freeman Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000106, 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 one change from the draft permit sent to you on March 24, 2009. The final permit includes Section E, BMP Management Plan and Implementation. The section requires the permittee to develop and implement a BMP Management Plan within two years of the permit being issued. The benchmarks and tiers will be delayed for two years after the BMP Management Plan has been implemented. 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 - Phone: 919-807-63001 FAX: 919410764941 Customer Service: 1-877623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer 1� JUL 2 9 2009 __ NorthCarol ina lw!r,, =__Naturallff Ms. Mary Lee Ransmeier KapStone Kraft Paper Corpora AR Permit No. NCS000106 If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian.lowther@ncdenr.gov. Sincerely, ORIGINAL SIGNED By KEN PICKLE for Coleen H. Sullins, Director cc: Raleigh Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Attachments: NPDES Stormwater Permit NCS000106 r x ® NCS000106 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, KapStone Kraft Paper Corporation is hereby authorized.to discharge stormwater from a facility located at KapStone Kraft Paper Corporation 100 Gaston Road 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, monitoringrequirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective August 1, 2009. This permit and the authorization to discharge shall expire at midnight on July 31, 2014. Signed this day July 24, 2009. ORIGINAL BY for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission. i Permit No. NCS000106 a. TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART lI 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 Section E: BMP Management Plan and Implementation PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration ® Permit No. NCS000106 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Temiination 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. 1 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 ii ® • Permit No. NCS000106 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 § I22.26(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 SECTt6N C: LOCAT[ON MAP® ® Permit No. NCS000106 NCS0OO1O6 M40Scale 1,24,000 KapStone Kraft Paper Corporation Lad tude: 360 28' 19" N LongitAe: 770 38' 14" W County: Hdifax Receving Stream: Roanoke River S7earn Cass: C Sub -barn: 03-02-08 (Roanoke River Basin) Facility Location Part I Page 2 of 2 • Permit No. NCS000106 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual*permit. The Plan shall include, at a minimum, the following items' Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. 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.ne.us/tmdl/Gencral 303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.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. Partl[ Page 1 of 11 ® ® Permit No. NCS000106 (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. (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. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment 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 Part I PaV 2 of 11 • Permit No. NCS000106 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. 3. Spill Prevention and Response Plan. .The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials . inventory of the facility.. Facility personnel (or the team) responsible for 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 stornwater control systems, stornwater 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 BMPs. 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. 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 Part 11 Page of I l Permit No. NCS000106 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 stonnwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the 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 doctmlentation 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 It Page 4 of I I • Permit No. NCSOOO106 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring sha!I be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the terns 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 stone 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 Umts Measurement . ; .,—Frequency t - ;' Sample r T ype2 Sample;" I ocation3 Total Suspended Solids m L semi-annual Grab. SDO Chemical Oxygen Demand (COD) mar semi-annual Grab " SDO Total Phosphorus (TP) m L semi-annual Grab SDO Lead, total recoverable mg/L semi-annual Grab . SDO H standard semi-annual Grab SDO Total Rainfall° inches semi-annual ain 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 ouffall 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. The pertnittee 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 Part 11 Page 5 of I l 0 Permit No. NCS000106 Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitorin Schedule Monitoring period,'' Sample Nuriiber v Start ` Fnd '. Year 1 — Period 1 1 August 1, 2009 January 31, 2010 Year 1 — Period 2 2 February 1, 2010 July 31, 2010 Year 2 — Period 1 3 August 1, 2010 January 31, 2011 Year 2 — Period 2 4 February 1, 2011 July 31, 2011 Year 3 — Period 1 5 August 1, 2011 January 31, 2012 Year 3 — Period 2 6 February 1, 2012 July 31, 2012 Year 4 — Period 1 7 August 1, 2012 January 31, 2013 Year 4 — Period 2 $ February 1, 2013 July 31, 2013 Year 5 —Period 1 9 August 1, 2013 January 31, 2014 Year 5 — Period 2 10 February 1, 2014 July 31, 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 permittee 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. Beginning Year 3 Period 1, 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. I able 3. Benchmark Values for Analvtical Monitorin Discha'rge,Cha`ractertsttcs x `Units ' Benchmark Total Suspended. Solids mg/L 100 Chemical Oxygen Demand mg/L 120 Total Phosphorus (TP). mg/L 2 Lead, total recoverable mg/L 0.03 PH standard 6-9 Part I I Page 6 of I I ® • Permit No. NCS000106 Tier One,Onev 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 pertittee 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. If: During the tern 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 out rivo times in a 'row (consecutive): Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately 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 11 Page 7 of 1 I N C Permit No. NCS000106 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark 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 mercury and has a Fish Advisory. 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(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part 11 Page 8 of 11 1] iPermit No. NCS000106 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shad 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 Char tcteris'tics FFrequcgcyl ` Monitoring ?' . Location2 ` Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO 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 de5dline, 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 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 11 Page 9 of I I ®11 Permit No. NCS000106 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 easurern"ent • '-Sample "; Sarriple `Ere' uenc 1 T y 'c2 pH standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Total Suspended Solids m /l- semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate roomotes: 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 from the pond. - 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 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 11 Section B. I able 6. Benchmark Values for Vehicle Maintenance Analvtical Mom Discharge Characfertshcs - Uiitts Benchmark, i pH standard 6 9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 toring Part II Page 10 of 11 • • Permit No. NCS000106 SECTION E: BMP MANAGEMENT PLAN AND IMPLEMENTATION The Permittee shall develop and implement a BMP Management Plan and shall include selected BMPs in the facility's SPPP: (a.) The plan must include, but is not limited to, evaluating and selecting BMP options based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges, and based on data collected through historical monitoring of stormwater discharges. The selected BMPs may be either structural treatment BMPs or source reduction BMPs. The BMP Management Plan with selected BMPs must be developed and submitted to the Division not later than February 28, 2010. (b.) Upon receipt of timely approval of the BMP Management Plan, the permittee shall develop construction plans for the selected and approved BMPs. Construction plans, including a narrative description, a construction schedule, and supporting design calculations, must be submitted for each BMP not later than July 31, 2010. Alternatively, construction plans and the associated documentation named above may be submitted together with the BMP Management Plan, or after the initial submission of the BMP Management Plan, but in any event, not later than July 31, 2010. (c.) Upon receipt of timely approval of the construction plans and associated documentation, the Permittee shall construct and/or implement the selected and approved BMPs. The selected BMPs shall be installed, operating, or implemented not later than January 31, 2011. The Permittee shall provide monthly progress reports to the Division between July 31, 2010 and January 31, 2011, or until final installation, operation, or implementation of the selected and approved BMPs is achieved. Any subsequent revisions to the BMP Management Plan required in this Section E shall not require a revision to the Stormwater Permit.Any revision of the BMP Management Plan after the initial review and approval of DWQ shall be accomplished by mutual agreement between DWQ and the Permittee. Part II Page 11 of 11 C 0 Permit No. NCS000106 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges m 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 It, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $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 I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates apermit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not.more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails.to act in accordance with the terms, - conditions, or 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 1 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 1 of 8 • Permit No. NCS000106 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. ., Part III Page 2 of 8 ® ® Permit No. NCS000106 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. - - SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than l80 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.E and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation.and reissuance 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. 3. Sionatory 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 Part III Page 3 of 8 • Permit No. NCS000106 manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental [natters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40-, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 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. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and PartIll Page 4 of 8 Permit No. NCS000106 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 engineeringjudgment to prevent a bypass whichoccurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part 111, 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. 2. - Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. .The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements . Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000106 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the pennittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a.. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must.be kept under the conditions of this individual 'permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. - Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 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. NCS000106 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. 2. .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 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 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. B ass --- 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 PartI II Page 7 of 8 • Permit No. NCS000106 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within24 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 t NCS000106 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable.- - PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 211 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS - Act See Clean Water Act. 2. -Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. - Allowable 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 Manaeement 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. NCS000106 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including - the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or 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 of on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. 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 E Permit No. NCS000106 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 butfall 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 Prioritv Chemical A chemical or chemical category which: - a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting . requirements; and C. That meets at least oneofthe following criteria: Part VI Page 3 of 5 Pages • Permit No. NCS000106 (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 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; any chemical the facility is required to report pursuant to section 313 of Title Ill 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 1 17.21) 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. NCS000106 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. . 32. Total Maximum Dailv 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)(I) of the Clean Water Act. 34. Unset Means an exceptional incident in which there is unintentional andtemporarynoncompliance 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 Activitv 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 NCS000106 WATF9 0 � —t Beverly Eaves Perdue, Governor 6 n Dee Freeman, Secretary L ,North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Kapstone Kraft Paper Corporation. NPDES Permit Number: NCS000106 Facility Location: 100 Gaston Road, Roanoke Rapids, NC (Halifax County) Type of Activity: Paper Mill SIC Code` 2621 Receiving Streams: See Figure 1 River Basin: Roanoke River Basin, Sub -basin 03-02-08 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): 03/1-1/09 Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue. : - Ratin' Scale:: l eas 'to 10 hard Com liance history 6 Benchmark exceedance 7 Location (TMDL, T&E 7 species, etc Other Challenges: 3 • Outfall Status of Lowground Difficul Ratin 23/40 Special Issues Explanation: • One storm water monitoring location at the Low -Ground requires amendment. The Lowgound SW sampling point is currently in permit held by Kapstone Paper. In the renewal application they requested removal of the Lowground point because Kapstone no longer is the owner, but IP is. An email from Myrl Nisely of the RRO that based on his knowledge of the site and from occasional observations in the last couple of years, as well as conversations with the Environmental Staff at the paper mill he recommends that the closed Lowground Landfill not require a permit. There is no industrial activity at this location, isolated at "the back 40" of the paper mill property. The site is everywhere heavily vegetated, and the capping materials soak rain so well that there has never been any water from the turtle backed top surface. Any water observed at the toe of the landfill travels through vegetation and is like wise absorbed before it is able to collect at one corner, from which point it would go though a culvert in to a channel to the Roanoke River. Even in heavy rain, there is no flow at the downstream end of the culvert. Therefore, Myrl supports the contention of IP that application for a stormwater permit for the Lowground is unnecessary. (See email in Page 1 of 8 NCS000106 file) Description of Onsite Activities: • The mill is an integrated pulp and paper mill producing unbleached Kraft paper for packaging. Documents Reviewed: • NPDES Stornwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA General Sector -Specific Permit, 2008, Sector B — Paper and Allied Products. • 2006 303(d) List • 2006 Roanoke Basinwide Plan History: • December 19, 1994: Date permit first issued. Analytical monitoring included TSS, COD, Total Phosphorous and Total Lead. Sampling was to be done annually. • June 15, 1999: Reminder Letter to renew permit was sent. • March 7, 2003: Permit re -issued. Analytical monitoring included COD, TSS, Total Phosphorous and Total Lead. Sampling was to be done in years 1, 2, 3 and 4. The permittee asked to not do quarterly sampling. • November 21, 2006: Request for Name Change sent back because they did not include sufficient legal documents. • February 23, 2007: Transfer of coverage from International Paper to KapStone Kraft Paper Corporation. • September 12, 2007: Reminder Letter to renew permit was sent. • October 15, 2007: Date permittee submitted renewal application. • September 25, 2008: Email correspondence Ken Pickle and Mryl Nisley referring to how to handle a landfill the International Paper owns that is covered in the expired permit for KapStone. • December 10, 2008: Compliance Inspection done by Autumn Hoban. The inspection report notes that one of the three sotrmwater outfalls should be removed from the permit. The stormwater runoff at this location comes from the closed and capped ash landfill area owned by International Paper and is not part of Kapstone Paper. Page 2 of 8 NCS000106 Figure 1: Map of Facility VV 71 il . . . . . . . . . . . . . . . . . . ff .4 61 N'.) Kraft Paper GorporatiLcmjn, ."N ;A. N_ k)t' ;.N NCS000106 Kapstone Kraft Paper Corporation Lad tude: 360 28' 19" N Longitude: 770 3& 14" W IAW w GoLnty: Hafifax k F . l�410/ Receiving Stream: Roanoke River Stream 0 ass: C SLb-basn: 03-02-08 (Roanoke River Basin) Fa cil I ty Loca tion AIW Scale 1,-24,000 Page 3 of 8 NCS000106 Central Office Review Summary: 1. Owner's Other Permits: • NC0000752 — KapStone Kraft Paper Corp. The process waste water outfall has limits for BOD, Conductivity, Copper, Dissolved Oxygen, Flow, Total Nitrogen, Ammonia, Ceriodaphnia, Pentachlorophenol, pH, Total Phosphorus, TSS, Temperature, and Trichlorophenol. AFS 3708300007 - KapStone Kraft Paper Corporation 2. General Observations: On June 23, 2006, Kapstone Paper, through its wholly -owned subsidiary, KapStone Kraft Paper Corporation, agreed to purchase the Kraft Papers Business of International Paper Company. The business consists of an unbleached kraft paper manufacturing facility in Roanoke Rapids, North Carolina and Ride Rite® Converting, an inflatable dunnage bag manufacturer located in Fordyce, Arkansas with aggregate 2005 revenues of approximately $223 million. The transaction was approved by the shareholders of Kapstone Paper on December 29, 2006 and was consummated on January 2, 2007. Kraft Paper: Over 300 unbleached and bleached grade types available that offer best -in -class printability, strength, coatings, and specialized performance characteristics: Multiwall, Converting and Bag & Sack. 3. Impairment: The Roanoke River, 23-(26)a and 23-(26)b, are both on the 303(d) for a Fish Advisory for Mercury. Basinwide Plan shows that Roanoke River 23-(26)a has TSS and habitat degradation as stressors. The Basinwide Plan 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 bankfull heights further accelerate river bank erosion. 4. Threatened and Endangered: There were no Federally threatened or endangered species within two miles of the facility based on the Natural Heritage Virtual Workroom. There are some State protected species (see file for details). 5. Location: Located on the Roanoke River. 6. Industrial Changes Since Previous Permit: In September of 2007 a round wood (log) lay down area was added north of the Landfill site where runoff drains directly to the treatment plant basin. In 2005 a lay down area for round wood logs was added on the East side of the mill near the back side of the Emergency pond. All run off from that area goes into the emergency pond and is pumped to the head of the mill's wastewater plant. In 2002, a car rinse area was taken out of service and removed from the wastewater permit NC0000752. 7. Analytical Monitoring Notes: The analytical monitor was done annually at 3 outfalls. There were exceedances of the benchmarks for TSS, COD, Phosphorus and Lead. The permittee also included conductivity, pH, and oil & grease for 3 storm events even though this was no required in their permit. The EPA General Sector -Specific Permit, 2008, Sector B — Paper and Allied Products does not have any recommended monitoring for SIC 2621. 8. Qualitative Monitoring Notes: The visual monitoring shows colors that include brown, tan, gray and orange. The clarity is often opaque or turbid. There are some suspended solids and other signs of pollution at the outfalls. Page 4 of 8 NCS000106 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration COD I TSS I Phosphorous I Lead I uonductivity I pti I Oil&Grease Sampling Date Flow (in) (hours) Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Range (MGD) 120 mg/L 100 mg/ L 2 mg/L .03 mglL X mg/L 6.9 su 30 mg/L Outfall 1 - Tent 03/01/03 to 11/19/2003 1.24 1.87 °x1. 02/29/04 51 40 0.15 0.006 03/01/04 to 12/6/2004 0.2 3.55 573 6.48 <5 02/28/05 03/01/05to 11/21/2005 1.9 13 51 232 0.96 0.026 69 7.75 <5 02/2 8/06 3/1/2006 to 11/1/2006 0.6 3.48 404 0.73 D 248 7.05 12 02/28/07 t �� Outfall2 - N. Storeroom 03/01/03 to 11/19/2003 1.24 1.87 57 0.44 Mq! 13 02/29/04 03/01/04 to 12/6/2004 0.2 3.55 "` 40 1.09 322 6.94 7 02128/05 03/01/05 to 11/21/2005 1.9 13 74 69 7.45 <5 02128/06 153 0.28 1 0.03 3/1/2006 to 11/1/2006 0.6 3.48 33 114 7.6 <5 02/2 8107 Outfall 3 - Low round 03/01/03 to 11/19/2003 1.24 1.87 98 TM" 0.79 0.011 02/29/04 03/01/04 to 12/6/2004 0.2 3.55 <5 20 0.39 <.003 156 6.87 <5 02/28/05 03/01/05 to 11/21/2005 1.9 13 51 19 0.078 <.03 96 7.2 <6 02/28/06 311/2006to 11/1/2006 0.6 3.48 75 0.03 0.021 93 7.38 <5 02/28/07 Over Current Benchmark Data Not Collected Page 5 of 8 NCS000106 Revised Permit Recommendations: Analytical Monitoring: 1. Maintain monitoring for COD, TSS, Phosphorus and Lead. 2. pH has been added to the analytical monitoring requirements. 3. 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. 4. 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 I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. 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-stonnwater 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-stormwater 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 6 of 8 NCS000106 Discussions with permittee: Neal Davis 252-533-6295, 02/19/09 1. General description of industrial activities. Kraft Paper Mill. The kraft paper is used for grocery bags, concrete bags, and lining for boxes. Bring in logs and wood chips. 2. Have there been any changes since filing the application? No 3. There are high values for COD, TSS, P, and Lead. Any reason why? No sure. For TSS the water is move quickly at the sampling point during a rain event. 4. The visual monitoring shows colors that include brown, tan, gray and orange. What do you think this is from? Because of the high turbidity. The water is always tan or red clay color. 5. What do you have stored outside that drains to the stormwater outfalls? No 6. Do you have vehicle maintenance onsite? Yes Page 7 of 8 NCS000106 Recommendations: Based on the documents reviewed, the application information submitted on October 15, 2007 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) XL C. �� Date Z I lzqo Stormwater Permitting Unit Supervisor Date?�� 4�0� Page 8 of 8 Permit No. NCS000106 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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'PpIIution Control Act, as amended, � r' KapStone Kraft Paper Corporation WWTP'-\ is hereby authorized to discharge stormwater from a facility located at: KapStone Kraft Paper Corporation 100 Gaston Road Roanoke Rapids NC Halifax County to receiving waters designated as the Roanoke River, a class C water body in the Roanoke River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I; II, 111, and Whereof. This permit shall become effective [July 1, 2019]. This permit and the authorization to discharge shall expire at midnight on [June 30, 2024]. Signed this day [June 13, 2019]. cb L�U for S. Daniel Smith, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission I Permit No. NCS000106 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: Special Conditions 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 S. 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 11. Onshore or Offshore Construction 12. Duty to Reapply i Permit No. NCS000106 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements 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 I. 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 S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS ii Permit No. NCS000106 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 Certification from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must: • Submit a No Exposure Certification Notice of Intent (NOI) form to the Division of Energy, Mineral and Land Resources (Division) • Receive approval by the Division, • Maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and • Recertify the No Exposure Certification annually. 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 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 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. Page I of 29 Permit No. NCS000106 SECTION C: LOCATION MAP Latitude: 36° 28' 19" N NCS000106 Longitude: 77' 38' 14" W KapStone Kraft Paper Corporation County: Halifax 100 Gaston Road Stream Class: C Roanoke Rapids, NC Receiving Stream: Roanoke River Sub -basin: 03-02-08 (Roanoke River Basin) Facility Location dyotf/L 11 Not to Scale Page 2 of 29 Permit No. NCS000106 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN (SWPPP) The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement by the Division. The SWPPP is public information in accordance with Part 111, Standard Conditions, Section E, paragraph 3 of this permit. The SWPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview 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 waters to which the stormwater outfalls discharge, 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 points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (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 that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; Stormwater Control Measures (SCMs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Page 3 of 29 Permit No. NCS000106 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on 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 i areas shall be maintained. If the secondary containment devices are connected 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). 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 any material. 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 (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) SCM/BMP Summary. A listing of structural Stormwater Control Measures (SCM) and non-structural Best Management Practices (BMPs) on site shall be provided. Page 4 of 29 Permit No. NCS000106 The installation and implementation of SCMs and/or BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The SCM/BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site SCMs and/or BMPs. The SCM/BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for 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 increased 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 and implemented. The program shall address all stormwater control systems (if applicable), 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 SCMs and non-structural BMPs. 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 where not already addressed under another element of the SWPPP. 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 and maintained in the SWPPP. S. 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 at the outfalls required in Part 11 B and C of this permit. 6. Employee Training. Training programs shall be developed, and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill Page 5 of 29 Permit No. NCS000106 response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SWPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be documented and position assignments provided. 8. SWPPP Amendment and Annual Update. The permittee shall amend the SWPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SWPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site SCMs and BMPs (SCM/BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: https://deq.nc.gov/about/divisions/energy- mineral-land-resources des-sto rmwater-individual). The Director may notify the permittee when the SWPPP 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 SWPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SWPPP Implementation. The permittee shall implement the SWPPP and all appropriate SCMs and BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SWPPP 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 SCMs and BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Page 6 of 29 Permit No. NCS000106 be kept on -site for a period of five (5) years and made available to the Division immediately upon request. 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 measurable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. The permittee shall compare monitoring results to the benchmark values in Table 1. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install SCMs and BMPs in a tiered program. See the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. The benchmark values in Table 1 are not permit limits but should be used as guidelines for implementation of the permittee's SWPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor oil usage) are only required for outfalls that discharge runoff from vehicle or equipment maintenance areas in which more than 55 gallons of new motor oil and/or hydraulic oil per month is used when averaged over the calendar year. Table 1. Analvtical Monitoring Requirements Parameter Code Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Bench - mark 00340 CCOD ical Oxygen Demand mg/L semi-annual Grab SDO 120 mg/L C0655 Phosphorous, Total m L semi-annual Grab SDO 2 m L C0530 Total Suspended Solids (TSS) mg L semi-annual Grab SDO y 01051 Lead, Total recoverable m L semi-annual Grab SDO .075 m L 00400 pH m L semi-annual Grab SDO 46529 Total Rainfall4 inches semi-annual IRain Gauge `00, aV,,WW noN-/ b \,.-YLS Page 7 of Roy rne�h �? b Permit No. NCS000106 Parameter Code Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Bench - mark Non -Polar Oil & Grease by EPA Method 1664 (SGT-HEM) 00552 for outfalls with vehicle/ mg/L semi-annual Grab SDO 15mg/L equipment maintenance activitiess New Motor Oil Usage NCOIL for outfalls with vehicle/ Gallons/ semi-annual Estimate equipment maintenance month activitiess Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measurable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. S This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance areas in which more than 55 gallons of new motor oil per month is used when averaged over the calendar year. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SWPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Page 8 of 29 Permit No. NCS000106 Semi -Annual Monitoring Events1,2 Start Date (All Years)3 End Date (All Years)3 Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. The first sampling period begins in Period 1 on January 1, 2020. Failure to monitor semi-annually per permit conditions may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. aDie .3. i ier mane If any parameter at any outfall is above a benchmark value, or outside of the benchmark range, for the first valid 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 exceedance. 3. Evaluate and select specific source controls, operational controls, and/or physical improvements to reduce concentrations of the parameter(s) of concern and bring concentrations within the benchmark range. 4. Implement the selected controls/improvements within two months of the inspection. S. Record each instance of a Tier One response in the SWPPP. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Note: A benchmark exceedance triggers a Tier One response for each parameter. Table 4. Tier Two Requirements Page 9 of 29 Permit No. NCS000106 If the first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then the permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all analytical monitoring parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SWPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Table S. Tier Three Requirements If the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then the Division may, at minimum, require the permittee: • Revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • Sampling of additional or substitute parameters; • Install structural stormwater controls; • Implement other stormwater control measures; • Perform upstream and downstream monitoring to characterize impacts on receiving waters; • Implement site modifications to qualify for a No Exposure Exclusion; • Continue Tier Three obligations through the permit renewal process. This site discharges to impaired waters experiencing problems with turbidity, fluoride, nickel, fecal coliform, arsenic, water temperature, chloride, copper, pH, fish tissue mercury, lead, dissolved oxygen, cadmium, iron, and zinc. If the Division institutes further actions, which may include the development of a Total Maximum Daily Load (TMDL) for this segment of Roanoke River, then the Division will consider your monitoring results in determining whether additional SCMs and/or BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional SCMs and/or BMPs are needed to achieve the required level of control, the permittee will be notified in writing and required to (1) develop a strategy for implementing appropriate SCMs and/or BMPs, and (2) submit a timetable for incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan. Page 10 of 29 Permit No.NCS000106 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the SWPPP and identify new potential sources of stormwater pollution. Qualitative monitoring of ctormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per.the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SWPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). 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 shall be maintained with the SWPPP. Table 6. Qualitative Monitoring Re uirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measurable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater SCMs and/or BMPs are ineffective, or that significant stormwater contamination is present, the Page 11 of 29 Permit No. NCS000106 permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response in Table 7. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the SWPPP. apse i. Qualitative monitoring is for the purposes of evaluating SWPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, then the Division may, at minimum, require the permittee: • Revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative); • Install structural stormwater controls; Implement other stormwater control measures; Perform upstream and downstream monitoring to characterize impacts on receiving waters; or • Implement site modifications to qualify for a No Exposure Exclusion. SECTION D: SPECIAL CONDITIONS ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)) Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements [Supplements Section E. (I.) and Supersedes Section E. (2.)I When the Division's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. The Division will notify permittees when eDMR is ready to accept stormwater monitoring data. Page 12 of 29 Permit No. NCS000106 Until the Division's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), DMRs shall be submitted to the Division using the following process: 1. Print a blank copy of the DMR form from the NPDES Stormwater Individual Permits web site at https://deq.nc.govlabout/divisions/energy-mineral-land- resources/nl2des-stormwater-individual. 2. Complete, sign and scan the DMR form and submit it using the Digital DMR Submittal Form on the NPDES Stormwater Individual Permits web site at https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes- stormwater-individual. 3. Mail the original, signed DMR form to the following address: DEMLR Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 When eDMR is initiated, if a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 13 of 29 Permit No. NCS000106 3. Signatory Requirements [Supplements Section B. (3.) (b) and Supersedes Section B. (3.) (dll All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part Ili, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part III, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: httl2://deq.nc.gov/about/divisions/water-resources/edmr Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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 offines and imprisonmentfor knowing violations." 4. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 5 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 14 of 29 Permit No. NCS000106 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Comoliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater 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 11, 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: 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 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SWPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Duty toComplly The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. b. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA 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 [40 CFR 122.41]. c. The CWA provides that any person who violates section[s] 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 $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. d. The CWA 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 Page 15 of 29 Permit No. NCS000106 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 [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. e. 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 [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. 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 $500,000 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 [40 CFR 122.41(a)(2)]. g. Understate law, a civil penalty of not more than $25,000 per violation maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit (North Carolina General Statutes § 143-215.6A]. h. 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 $20,628 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6, 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. Page 16 of 29 Permit No. NCS000106 5. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this 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 [40 CFR 122.41(g)]. Severabilitv The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. B. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this 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 [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. Page 17 of 29 Permit No. NCS000106 SECTION B: GENERAL CONDITIONS 1. Permit Expiration . The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2. and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Sanatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, 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 are 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 [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a Page 18 of 29 Permit No. NCS000106 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 Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 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 properlygather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible forgathering 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 penaltiesforsubmitting false information, including the possibility offines and imprisonment for knowing violations." 4. Permit Modification. Revocation and Reissuance or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1.0105(b)(2) may cause the Division to initiate action to revoke the permit. Page 19 of 29 Permit No. NCS000106 SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. Bypassing of Stormwater Control Facilities Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry 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 111, 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 measurable 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 Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; Page 20 of 29 Permit No. NCS000106 d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. S. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical, and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented, and records maintained at the facility along with the 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: a. all calibration and maintenance records, b. all original strip chart recordings for continuous monitoring instrumentation, C. copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), d. copies of all data used to complete the application for this permit These records or copies shall be maintained 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 anytime [40 CFR 122.41]. 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 maybe required by law, to: Page 21 of 29 Permit No. NCS000106 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (https: //deq.nc.gov/about/divisions/energy-mineral-land-resources des-stormwater- individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report 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 the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Original, signed Discharge Monitoring Reports (DMRs) shall be submitted to the mailing address of the appropriate Regional Office listed on DEQ's website at httys://deg.nc.gov/contact/regional-offices. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by Page 22 of 29 Permit No. NCS000106 the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. B. Bypass Reference [40 CFR 122.41(m)(3)]: 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 effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. 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 compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. Page 23 of 29 Permit No. NCS000106 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. C. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733- 3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24-hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Page 24 of 29 Permit No. NCS000106 PART IV DEFINITIONS 1. Act See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SWPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPsl 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. More information on BMPs can be found at: hUp://www.el2a.gov/npdes/national-menu-best-management- p ra ctices-bm ps-sto rmwate r# edu. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, 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 having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act Page 25 of 29 Permit No. NCS000106 The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. 15. Measurable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SWPPP. 16. Municipal Separate Storm Sewer System (MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. 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, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR 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). Page 26 of 29 Permit No. NCS000106 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. 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. 22. Reuresentative 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. Meets at least one of the following criteria: i. 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); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage 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. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of Page 27 of 29 Permit No. NCS000106 SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Control Measure A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 29. Stormwater Discharee Outfall (SDO The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater Flows directly or indirectly into waters of the State of North Carolina. 30. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 31. 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. 32. 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. 33. Total Maximum Dailv Load (TMDL TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https:I/deg.nc.gov/about/divisions/water- resources /121anning/modeling-assessment/ttmdls/draft-and-approved-tmdls. 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. This definition includes equipment maintenance activity that uses hydraulic oil and that is stored or used outside, or otherwise exposed to stormwater. Page 28 of 29 Permit No. NCS000106 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. Page 29 of 29 6'�"4 3112)14 Om KAPSTONE December 12, 2013 Stormwater Permitting Program Individual Permit Renewal 1612 Mail Service Center Raleigh, North Carolina 27699-1612 KAPSTONE KRAFT PAPER CORPORATION A Division of KAPSTONE PAPER AND PACKAGING CORPORATION 100 Gaston Road Roanoke Rapids, NC 27870 252.533.6000 fax:252.533.6401 KAPSTONEPAPER.conn �c� gvgl DEC 19 2013 DENR-WA1'iRQU - WOCN WERANDSAND%1�� Re: Stormwater Discharge Permit Renewal- KapStone Kraft Paper Corporation, Roanoke Rapids NC, NCS000106. Mr. Bradley Bennett; Kapstone Kraft Paper Corporation in Roanoke Rapids, NC is requesting renewal of their NPDES stormwater permit NCS 000106. Enclosed you will find three copies of the Renewal Application and the Supplemental Information that was requested for renewal. If there are any questions or concerns. I can be reached by phone at 252-533-6295. Sincerely, Ne 1 R. Davis Environmental Engineer KapStone Kraft Paper Corporation Roanoke Rapids, NC Enclosures 110� vV4 DEC191W rRcn VERMDS PW STORjeg !.Z KAPSTONE KapStone Kraft Paper Corporation 100 Gaston Road Roanoke Rapids, NC 27870 40 NPDES Stormwater Permit Coverage Renewal Request Roanoke Rapids Mill Permit Number NCS000106 Halifax County 117 u • 77 E� AMi� Si.+3a� rc 1 ��� Wes. +Y-. �— .. _-_ .�-.—.-.cs�..�-.�- �� . 1 a ■ CHECK ' es ..- DRAINAGE AREA CATCH BASIN INSERT/ INLIET PROTECTION FILTER BERM/ SILT DIKE 'FENT" SUB -BASIN ■ BOUNDARY In fP a CLARFU sm 1 v 1 'lw 1l -r - ,, • um mar ° T o •� _�. i um - __.._ ^M.a SM-HR �• �8................ ... . .. .�{. E1aOtEE PA9gNG v W 1 , MXA 6 FlMM LLW OfF10E f EW6 i:, . i CDlIEA r, 1 •�i 1 Im SUS f6EA 9IB � � m i vceoc 1 ma°`re s. 4 I =p b PNMC Of1II(fE P1E%PR gowa GVf1 MFA� _ SFf PMgNC ` d 1 \ �SEWER KEY e PLUG au vsi>v�ms O MANHOLE •1 - ❑ CATCH BASIN • STORM WATER SAMPLING POINT cmIRwgi POW JVWAV COLOR KEY F ;� COY WATER \ i TRICK PROCESS SEWER P STORM SEWER SANITARY SEWER NON -CONTACT COOLING WATER QP PIE %1 W PLE12 aw nE p I j 0 ® 0 KAPSTONE KRAFT PAPER CORP. 100 GASTON ROAD, ROANOKE RAPIDS, NC STORMWATER PERMIT NCS 000106 OUTFALL: TENT BENCH MARK DATE COLLECTED — --- - - TOTAL FLOW MG --- - 120 COD - -- /-I - mg/I 100 TSS - mg/I 2 TOTAL PHOSPHORUS — -- mg/1 0.03 6-9 30 TOTAL LEAD Ph OIL & GREASE - --- - I- - - ---- -- mg/I Standard mg/I 2009 9/22/2009 0.138 13 31 0.064 < 0.010 6.25 < 5 2010 7/10/2010 0.062 28 23 0.093 < 0.010 7 < 5 10/25/2010 0.173 24 15 0.076 < 0.010 6.9 < 5 2011 5/23/2011 0.086 57 19 0.037 < 0.010 6.9 < 5 9/21/2011 0.0498 < 15 5 0.04 < 0.010 7.3 < 5 2012 5/30/2012 0.909 94 100 0.894 < 0.010 6.5 < 5 11/27/2012 0.104 23 15 0.156 < 0.010 6.7 < 5 2013 6/17/2013 0.0589 30 15 < 0.020 < 0.010 6.9 < 5 11/7/2013 0.665 19 36 0.052 < 0.010 7.4 < 5 KAPSTO"AFT PAPER CORP. 100 GA ROAD, ROANOKE RAPIDS, NC STORMWATER PERMIT NCS 000106 SUMMARY OF VISUAL OBSERVATIONS DATE COLOR ODOR CLARITY FLOATING SOLIDS SUSPENDED SOLIDS FOAM OIL SHEEN TENT 9/22/2009 LITE TAN NONE TURBID LEAVES CLEAR NONE NONE STOREROOM 1 TAN NONE TURBID LEAVES CLEAR NONE NONE 7/10/2010 1 TENT LITE TAN NONE VERY GOOD LEAVES NONE NO NO STOREROOM NO NO NO NO NO NO NO 10/25/2010 TENT LITE BROWN NONE GOOD FEW LEAVES FEW BLACK FLECS NO NO STOREROOM LITE GRAY NONE GOOD I NONE SLIGHTLYTURBID NO NO EROSION CONTROL DEVICES PUT IN PLACE DECEMBER 2010 5/23/2011 TENT VERY LITE TAN NONE CLEAR FLOWER PETALS SMALL SPECS LEAVES NO NO STOREROOM LITE GRAY NONE GOOD FEW TWIGS AN LEAVES FINE DUST NO NO MAY 16 - 19 REPLACED CHECK DAMS AND RAKED OUT 57 STONE 9/21/2011 TENT LITE TAN NONE OPAQUE SPARSE LEAVES PARTICLE SPECS NO NO STOREROOM TAN NONE MUDDY NONE YES SILT NO NO April 23 2012 Performed maintenance on Stormwater BMP Removed 57 stone and replaced around drains and discharge May 14, 2012 Facility Stormwatert Inspection 4/30/2012 TENT LITE TAN NONE OPAQUE PIECES OF LEAVES YES NO NO STOREROOM NONE NONE LITTLE COLOR NONE NONE NO NO AUG. 25, 2012 (MILL FLOODED 11.5INCH RAIN IN ABOUT4.5 HOURS. PHOTOS OCTOBER 1, 2012 REPLACED EROSION CONTROL DEVICES REMOVED FROM FLOOD 11/27/2012 TENT LITE TAN NONE OPAQUE LEAVES SMALL PARTICLES NO NO STOREROOM LITE GRAY NONE OPAQUE LEAVES LIGHT NO NO March 28,2012 Stormwater Inspection Replaced Rip Rap in Ditches and 57 stone around drains in Trailer Yard, Scale House and Storeroom 6/17/2013 TENT LIGHTTAN NONE OPAQUE NONE VISIBLE SOME NO NO STOREROOM CLEAR NONE LITE SCUM NONE VISIBLE NONE VISIBLE NO NO 7/18/2013 PAINTED AND REPAINTED DRIANS TO STORMWATER BLUE, SUMMER CALL BOARD 0 Preventive Maintenance and Good Housekeeping Program The KapStone Kraft Paper Corporation facility (KapStone) is located at 100 Gaston Road, Roanoke Rapids, North Carolina approximately 1 mile west of Interstate 95. Approximate facility coordinates are 36-28-30 N and 77-38-30 W. The site is located directly along the Roanoke River and functions under NPDES Stormwater Permit NCS000106. KapStone produces bulk rolls of unbleached paper from pine round wood and purchased chips. The mill is adjacent to, and generally drains to the Roanoke River through three major sub - basins. The largest sub -basin contains about 155.8 acres, and includes: the pulp mill, paper mill, the wood yard, supporting facilities, and the north portion of a gravel trailer yard. The entire sub -basin drains to the mill's wastewater treatment facility. Petroleum products and chemicals are stored in this area. Petroleum products on site include tall oil, diesel fuel, #6 fuel oil, hydraulic oil, and lubricants. Chemicals include, but are not limited to, sulfuric acid, caustic, defoamers, and sodium hypochlorite. Storage tanks are surrounded by containment. 2. An area of appproximately 0.97 acres known as the "Storeroom" Sub -Basin located north of the storeroom drains directly into the Roanoke River. There are no manufacturing processes in this area. Best Management Practice activities in December 2010, installed block and gravel at this discharge to the river. 3. The third sub -basin drainage area consists of the mill's employee parking, main office, maintenance shop, shipping building, the south gravel trailer yard and truck scales. This area contains about 12.75 acres and drains generally south to a series of stormwater conveyance pipes and ditches and is known as the "Tent" Sub -Basin. Run-off from this system was untreated until December 2010, when the Tent Sub - Basin received additional Best Management Practices. These were submitted and approved by the state and include block and gravel at two inlets, and check dams and silt fences along the open ditches. This discharge area combines with a larger stormwater drainage area of approximately 770 acres from the City of Roanoke Rapids. Based on observations, the areas within the Tent Sub -Basin that would be most likely to contribute to any water quality issues would be the south gravel trailer yard and the roads running through and around the basin. Loading and Unloading Activities Oil and chemicals are located in storage tanks within the mill. A map of their locations is contained within the Stormwater Plan and the Emergency Action Plan. The chemical tanks are filled from rail -cars or tractor -trailers. The unloading points are on concrete pads that drain to our process sewer in case of any spills. All chemical tanks are on concrete pads that drain to the process sewer or within concrete containment areas. These containment areas have locked valves that also drain to the process sewer. They are inspected once a week and after a rain event. Records of these inspections are kept in the Containment Log and are part ® of the Spill Prevention Control and Countermeasure Plan. An electronic copy of the log location: S: drive\Groups\EOHS\EOHS\2013 Containment Log SPCC & Stormwater Tote bins of chemicals are stored at the Paper mill Spra White slab. Empty tote bins are also stored on the cement slab West side of the Paper mill, directly south of the Spra White slab. All of these locations drain to the wastewater treatment plant. Outdoor Process Areas Logs, Bark, Chips, and Sawdust are brought into the mill through the Scale house and stored on the mill site and transported around the mill pneumatically or on conveyor belts. Logs are debarked in the debarking drum and cut into chips. The chips are transported to the Pulp Mill or Chip Storage by conveyor belts to be processed. The sawdust is burned in the boiler. Log and chip holding areas have drains and ditches around them that carry any run-off to the Stormwater Holding Pond, which is then pumped to the emergency pond and later returned to the head of the wastewater plant. Dust Control Process A large portion of the Tent Sub -Basin is gravel and dust is controlled by spraying the roads with river water. The Environmental Programs Department hires a contractor to provide this service. During dry weather, the roads are sprayed three days a week. A Spill Prevention Control and Countermeasure Plan is contained in the Emergency Action ® Plan. It contains procedural and contact information in case of spills and what response is recommended. These can be found in the Emergency Management System on the mills intranet and the EHS trailer. On Site Vehicle Maintenance Monitoring Vehicle maintenance is performed on site in what is known as the Truck shop and the Woodyard Maintenance shop. These areas are enclosed from the weather. Spills are cleaned up with sawdust. Drains in the buildings go to the process sewer. Waste oil is collected in drums that are hauled away by a contractor. General spills from the vehicles and heavy equipment in the mill are cleaned up with sawdust. The sawdust is then burned in the boiler. Waste Disposal Practices The mill has a lined landfill that is permitted for primary clarifier residuals, flyash, and lime mud. This landfill has two of four phases complete with a footprint of 25 acres. The two additional phases will be constructed when the current cells near capacity. Leachate from the landfill is gravity fed to the Aeration Basin of the wastewater treatment facility. All trash is put into dumpsters located throughout the mill and hauled away by a Contractor. E Best Management Plan In July of 2010, a Stormwater Best Management Plan was submitted to the North Carolina Division of Water Quality. The Study was conducted by Eco Engineering a Division of John McAdams Company, Durham, NC. Approval from the NCDENR was received on August 26, 2010. A copy of the manual as submitted is maintained in Neal Davis' EHS Office. Erosion Control devices were installed December of 2010 Stormwater Erosion Control Devices Installed • Check Dams were put in the large ditches surrounding the Scale House. • A 6-inch layer of 57-stone was placed around the parameter of the ditches. The stone is cleaned and/or replaced as needed. • Grass was allowed to grow lining the ditches. • Erosion Control measures were constructed in the Trailer Yard. o The existing drain was raised 16 inches using concrete block. The block was surrounded with 57-stone. The stone is cleaned and/or replaced as needed. o A chain was also installed to keep vehicles out of the area. • • A check dam of Railroad blast was installed at the Storeroom discharge along with 57- stone for better filtration. The stone is cleaned and/or replaced as needed. Environmental Awareness Training is conducted annually for each employee of KapStone Kraft Paper Corporation, Roanoke Rapids.. A signed copy of the Check for Understanding is kept on file in the EHS trailer. The Environmental training slides are in a tab in the Stormwater Plan. KapStone Roanoke Rapids has a Hazardous Materials Team that receives 32 hours of training annually. Eight hours are Technician Level Training. As part of the mill's Spill Prevention Control and Countermeasure Plan and the Facility Response Plan, two boats are maintained on -site with outboard motors and 1,000 feet of boom. In Case of Spill: Mill Personnel are trained to immediately attempt to stop or control the source of a spill. The mill's Emergency Response Team will take measures to contain and clean up any spilled materials utilizing the adsorbent materials stored in the hazmat truck. Since bulk storage containers are located outside, particular attention is paid to protecting the drainage pathways in the direction of the spill. Use of material to dike, dam or divert the spill may also be used if necessary to prevent the spill from entering the storm drain. Incident and response activities are documented. All but 13.7 acres of the Roanoke Rapids Mill Facility drains to the mill's Wastewater Treatment Plant. The mill has also deployed erosion control devices in the 13.7 acres that could be exposed to stormwater. 115 KAPSTONE KAPSTONE KRAFT PAPER CORPORATION ® A Division of KAPSTONE PAPER AND PACKAGING CORPORATION 100 Gaston Road Roanoke Rapids, NC 27070 kapsfonepaper.com To Whom It May Concern; Kapstone Kraft Paper Corporation has not made any significant changes in the industrial activities at the Roanoke Rapids facility. The only exposure to stormwater runoff is the 12.5 acres listed in the permit. Any other areas of the mill that are exposed to stormwater are piped to our Wastewater Treatment Plant. Permit Number NC0000752. ® Sincerely, Nea Davis Environmental Engineer Kapstone Kraft Paper Corporation 11 Permit Coverage Permit Number Renewal Application Form NCS000106 National Pollutant Discharge Elimination System Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: ° Reissued Permit will he mailed to the owner address Kapstone Kraft Paper Corporation Anitra Collins 100 Gaston Rd Roanoke Rapid, NC 27870 Facility/Permit Contact Information Facility Name: Roanoke Rapids Mill Facility Physical Address: 100 Gaston Rd Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: 0 Discharge Infori Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: Roanoke Rapids, NC 27870 ROANOKE RIVER WS-IV Roanoke River Basin' 03-02-08 Wilbur G. Kessinger, Jr. 252-533-6000 bill.kessinger@kalpstonevalper.com Neal R. Davis 100 Gaston Road Roanoke Rapids, NC 27870 252-533-6295 neal.davisgkapstonepaper.com Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL7 i] Yes ❑ No ® Don't Know ( for information on these waters refer to http://h2o.enrstate.nc.us/su/Impaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above /N •6` Date VCe: /✓l/// 0,ppra Title Stormwater Permitting Program Please return this completed renewal application form Individual Permit Renewal and other required supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting Facility Name: Roanoke Rapids Mill Permit Number: NCS000106 Location Address: 100 Gaston Rd Roanoke Rapids, NC 27870 County: Halifax "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been hilly implemented at this facility location in accordance with the terms and conditions of the stormwater.discharge permit" Ond "I am aware that there are significant penalties for falsifying information, including the possibility of flues and imprisonment for knowing violations.' Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Date �p 13 / G✓�/buy K6- se11ge.-, G V!� 7r>u5/a u>< of �,/l 99c�rf _ Print or type name of person signing above Title ® SPPP Certification 10/13 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT ®Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials NRD 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. NRD 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H NRD 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. NRD 4. A summary of the Best Management Practices utilized at the permitted facility. Summary l® should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. rrnn 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. NRD 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) l4D WestRock September 24, 2019 Ms. Lauren Garcia 100 Gaston Road Roanoke Rapids, NC 27870 office: 252.533.6295 neal.davisQa westrock.com RECEIVED SEP 2 7 2019 DEMLR Stormwater Division Division of Energy, Mineral and Land Resources DENR•LAND QUALITY 512 North Salisbury St. STORMWATER PERMITTING 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: KapStone Kraft Paper Corp. / WestRock Kraft Paper LLC Stormwater Permit NCS000106 Dear Ms. Garcia; Please note below, comments from KapStone Kraft Paper Corporation/WestRock Kraft Paper, LLC on the Draft Stormwater Permit dated August 27, 2019, Permit No. NCS000106. In November of 2018, WestRock acquired KapStone Kraft Paper Corporation. WestRock is in the process of converting KapStone Kraft Paper Corporation from a corporation to a Limited Liability Company (LLC) and changing the name of the entity to WestRock Kraft Paper, LLC. The electronic form from the edos.deq.nc.gov website will be submitted for' the storm water permit ownership change. Please change KapStone Kraft Paper Corporation on the title page of the permit to WestRock Kraft Paper, LLC. Enclosed is a letter from Thomas M. Sigers, Executive Vice President, WestRock, which delegates authority for environmental matters for the Roanoke Rapids mill to Ben White, General Manager (Formerly Mill Manager under KapStone). Page 8 of 29 Footnote 3: We have an email from Ken Pickle dated June 11, 2009, granting ROS status to a stormwater outfall on the siie which is behind our storeroom. A copy of the email is enclosed with this letter. Page 10 of 29: This is a stipulation about Impaired Waters. In the old permit, page 8 of 11, it is stated that the reason for Roanoke River impaired waters is a mercury Fish Advisory. In the new permit it declares that "This site discharges to impaired waters experiencing problems with turbidity, fluoride, nickel, fecal coliform, arsenic, water temperature, chloride, copper, pH, fish tissue mercury, lead, dissolved oxygen, cadmium, iron and zinc. WestRock takes issue with this. At the ncdenr.maps website that you referenced in your September 20, 2019, email, "Impaired" is not mentioned. The Roanoke River, downstream of the Roanoke River Dam, is classified Gray and states: "There are only data inclusive assessments or at least one pathogen assessment is data inconclusive (except for Mercury in Fish Tissue). The website map shows that the Roanoke River continues Gray all the way to the Albermarie Sound. WestRock objects to labeling the Roanoke River as impaired in the permit for all these parameters when the official NCDENR website does not. Please only note mercury in this stipulation, which is consistent with the old permit as well as State and EPA determinations. If there are any question or concerns please contact Neal Davis at neal.davis(c�westrock.com or 252-533-6295 Sincerely, Benjamin P. White, General Manager WestRock Kraft Paper LLC 100 Gaston Road Roanoke Rapids, NC 27850 Enclosure Copies: Neal Davis Danny Smith (RRO) 4� WestRock DELEGATION OF AUTHORITY FOR ENVIRONMENTAL MATTERS CONTAINERBOARD MILLS As Executive Vice President of Contalnerboard Mills, I hereby ratify and confirm the authority of each General Manager (GM) and Designated Representative (DR) listed below to act as the responsible official and/or the duly authorized representative for the purpose of overseeing environmental compliance matters at the facility(ies) he manages (Covered Facilities). This Delegation of Authority Includes, without limitation, the authority to execute and submit all environmental applications, certifications and reports required by the Covered Facilities, as well as the authority to act with respect to facilities in the U.S. as the 'responsible official' as that term is defined at 40 C.F.R. § 70.2 and corresponding U.S. federal, state and local agency regulations. To the extent allowed by applicable law, the GM or DR may re -delegate this authority, in writing, to any appropriately trained facility manager for the specific purpose of executing any monthly discharge monitoring or similar wastewater report that may be required under a National Pollutant Discharge Elimination System (NPDES) or comparable state or local wastewater discharge permit. This Delegation of Autt ertt"will remain in effect until revoked or superseded. t:� e�_� Thomas M. Sti! Executive Vice WestRock Containerboard Mills Effective Date: September 9, 2019 COVERED FACILITY STATE GENERAL MANAGER COVERED FACILITY STATE GENERAL MANAGER Cowpens SC Steve Leahy No Charleston SC John McCarthy Dublin GA Brian Kinsey Panama City FL Brett Tremblay Fernandina Beach FL Dan Rowland Pointe-aux-Trembles QC Karyne Trudeau Florence SC Devin Nix Roanoke Rapids NC Ben White Hodge LA Eric Taylor Solvay NY Peter Tantalo.jl. opewell VA James Osborne Stevenson AL Darrell Daubert Jacksonville (Seminole) FL Tom Crockett Tacoma WA John Brandt La Tuque QC Pierre Pacarar West Point Mill VA Chris Broome Longview WA Steve Devlin CLOSED MILLS Nina Butler Lynchburg VA Mark Murphy From: Pickle, Ken [ken.pickle®ncdenr.gov]Sent: Thursday, June 11, 2009 4:36 PM To: Ransmeier, MARY Cc: myrl.nisely®ncmail.net; Davis, Neal; Bennett, Bradley; Lowther, Brian Subject: RE: KapStone Kraft NCS000106 Dear Ms. Ransmeier, Thanks for being available on such short notice for our unscheduled visit. It really helps the permitters when we can see the site conditions. Based on your note, we are in agreement as to the Storeroom Outfall and as to the sample point for the Tent Outfall. I've re -stated below your points just to confirm our agreement on them; please contact us if I have missed any minor point. I have relayed our conversation and my observations at Kapstone to your permit writer, Brian Lowther, and to our supervisor, Bradley Bennett. Please take this note as written confirmation of certain comments I made while on your site. Specifically, as to your current coverage under the expired individual permit, NCS000106, you are authorized for Representative Outfall Status from this time forward. DWQ will consider the Tent Outfall representative of the stormwater discharges from both the Tent Outfall and the Storeroom Outfall, until and unless significant changes in on - site activities suggest that the Representative Outfall Status is no longer appropriate. Scheduled analytical samples need only be taken for the Tent Outfall. Visual monitoring is to be continued at both outfalls. Further, we are in agreement with the relocation of the sample point for flows from the Tent Outfall to a location further downstream than previously located. As you note and as we discussed, the new location will be close to, but still upstream of the junction with the large flows from off site, i.e. the city stormwater flows. iAs to provisions in the pending renewed permit, we intend that the Representative Outfall Status will continue for the Tent Outfall, and we will so note in the transmittal letter that will accompany the renewed permit. Administratively it has been our practice to address the granting of Representative Oufall Status by separate letter outside of the permit text, and we propose to continue that practice if you do not object. Similarly, on large and complicated sites we typically do not direct the exact location of stormwater sampling, unless we see a need to. We are in agreement with the current proposed location further downstream, and are agreeable for that location to be continued under the renewed permit. Please contact us for concurrence if you subsequently judge that another location might be more representative of the stormwater flows from your site. Ken Pickle DWQ Stormwater Permitting Unit