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HomeMy WebLinkAboutNCS000155_HISTORICAL FILE_20200924STORMWATER DIVISION CODING SHEET NCS PERMITS PERMIT NO. N C S 0001 S � DOC TYPE ❑ FINAL PERMIT ❑ MONITORING REPORTS ❑ APPLICATION ❑ COMPLIANCE OTHER - HlSTbF-16At- INCD DOC DATE ❑ 20 2D 04 24 YYYYMMDD Pickle, Ken From: Pickle, Ken Sent: Wednesday, June 22, 2016 11:05 AM To: 'Kimberly Killian' Subject: RE: NCS000155 Hi Kimberly, Our database still shows that my supervisor is holding the incoming application until staff are available to work on it. I note that we received the application on 5/14/2013. We have a fairly substantial backlog on permit renewals at the moment, and your circumstance is not unsual or specific to GKN. Unfortunately I cannot provide a reliable estimate for when we can deliver the renewed permit coverage. I may have relayed to you before that under these specific circumstances federal rules protect GKN from the risk of 'discharging without a permit' until we can deliver renewed coverage and as long as you abide by the conditions of your current (expired) permit. Ken Ken Pickle Stormwater Program Specialist DEMLR Stormwater Permitting Program Department of Environmental Quality 919 807 6376 office ken. pickle( ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 t' --` Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kimberly Killian [mailto:Kimberly.Killian@gkndriveline.com] Sent: Wednesday, April 06, 2016 3:56 PM To: Pickle, Ken <ken.pickle@ncdenr.gov> Cc: Kimberly Killian <Kimberly.Killian@gkndriveline.com> Subject: NCS000155 Greetings Ken, I am again following up on my permit renewal (originally submitted in May 2013). We have continued monitoring and submitting semi-annual reports in accordance with the permit that expired in September 2013. Please confirm the status of the permit renewal as it has been nearly 24 months since submitted. Thank you in advance and best regards, Kim Thank you for your continued support of the environmental, health and safety program at GKN Driveline Sanford Precision Forming. .Regards, Kimberly A. Killian, CSHO, MESH EHS Specialist - SFD GKN Driveline North America, Inc. — USA- CVJ kimberly.killianrmlgkndriveline.com office: 919-708-4574 cell: 919-353-2139 4901 Womack Rd Sanford, NC 27330 This e-mail and any attachments transmitted with it contain information which is confidential, intended solely for the addressee(s) and which may also be privileged or exempt from disclosure under applicable law. If you are not the addressee(s), or have received this e-mail in error, please notify the sender immediately, delete h from your system and do not copy, print, disclose or use any part of it or its attachments. Internet communications are not guaranteed to be secure or free of any virus. The GKN Group does not accept liability for any loss or damage arising in any way from changes to this e-mail or its attachments which may occur in transmission due to network, machine or software failure or manufacturer or operator error, or from unauthorised access or interference with internet communications by any third party or from the transmission of any viruses. Any opinion or other information in this e-mail or its attachments that does not relate to the business of the GKN Group or any part of it is personal to the sender and is not given or in any way endorsed by the GKN Group or any part of it. AZ® CER North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Kimberly Killian GKN Driveline 4901 Womack Rd Sanford, NC 27330 SUBJECT: Delinquent Annual Fees Permit Number NCS000155 GKN Automotive Incorporated Lee County Dear Ms. Killian: Division of Water Quality Coleen H. Sullins Director August 16, 2010 Dee Freeman Secretary ;D1r (a 7 ii P j 1 L� _ 9 0EPJ-11 EI�N RFC All NPDES permittees must pay an Annual Compliance Monitoring Fee. This requirement is documented in your current permit in Part V (*or, in the case of Mining Activities, Part VI). As of the date of this letter, fees for your facility have not been paid. The total amount presently owed is $860.00. Please return your payment to the address listed below by September 16, 2010. In addition, please be advised that failure to pay the annual fee is grounds for revocation of your permit, as documented at 15A NCAC 2H.0105 (b)(4). This letter serves as notice that the Division will refer uncollected fees to the North Carolina Attorney General's Office for collection through the courts unless payment in the amount of $860.00 is received by September 16, 2010. Further enforcement action t including the revocation of the permit, imposition of civil penalties, and notification of the county health departmentj may also occur if the fees remain unpaid. Make checks payable to NC DENR, include the permit number on the check, and send the fee payment to: Fran McPherson . Annual Administering & Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have questions regarding this matter, contact me at (919) 807-6377 or Niki Maher at (919) 807-6367. Sincerely, John Hennessy Nonpoint Source Assistance & Compliance Oversight Unit Supervisor cc: DWQ Central Files DWQ Raleigh Regional Office- Surface Water Protection Section DWO NPSACOU file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 �TOne L, 1 512 North Salisbury Street, Raleigh, North Carolina 27604 1 V 0rthCarofin`l Phone: 919 807-6300 / FAX 919 807-6495/www.ncwaterquality.org Na 1uo! J Nall _ - An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper l A ® D 4DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secrefary November U2, 2009 Mrs. Kim Killian GKN Driveline 4901 Womack Road Sanford, NC 27330 SUBJECT: Compliance Evaluation Inspection GKN Driveline NPDES Permit No: NCS000155 Lee County Dear Mrs. Killian: On September 25, 2009, I, Vicki Webb, of the Raleigh Regional Office conducted a compliance evaluation inspection of the subject facility. You represented the facility during the inspection. All of your help was appreciated as it eased the inspection process. The following observations were made: 1. The GKN Driveline is permitted to discharge stormwater into the receiving waters designated as Little Buffalo Creek, classified C waters in the Cape Fear River Basin. The facility's permit will expire September 30, 2013. 2. All components of the Stormwater Pollution Prevention Plan (SP3) were present including: detailed site map with labeled storm outfall, a list of potential contaminants, a spill and response plan, a narrative describing BMPs, and a contact list of whom to contact in an emergency. - 3. Qualitative and quantitative inspection records were available for review and appeared complete. 4. Analytical monitoring was last performed February 2009. 5. The facility contains three stormwater outfalls. All three of the facility's stormwater outfalls were observed during the inspection. 6. This facility should be commended for having an excellent Stormwater program. It has been a pleasure to work with Mrs. Killian. The overall condition of GKN Driveline is compliant with Division standards. If you have any questions regarding the attached report or any of the findings, please contact Vicki Webb at: (919) 791- 4200 (or email: vicki.webbna ncderingov). Sincerely. Vicki Webb Environmental Specialist Cc: RRO files One Central Files NprthCarolina Jlawwlly North Carolina Division of Water Quality Raleigh Regional office Surface Water Protection Phone (919) 791-4200 Internet: w .ncv,aterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 Customer Service FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/1 G% Post Consumer Paper �J E Compliance Inspection Report Permit: NCS000155 Effective: 09/08/08 Expiration: 09/30/13 Owner: Gkn Driveline SOC: Effective: Expiration: Facility: GKN Automotive Incorporated County: Lee 4901 Womack Rd Region: Raleigh Sanford NC 27330 Contact Person: Dib Paul Title: Phone: 919-708-6243 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 09/25/2009 Entry Time: 11:00 AM Exit Time: 12:05 PM Primary Inspector: Vicki Webb phone: Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page:1 Permit: NCS000155 Owner -Facility: Gkn Driveline Inspection Date: 09/25/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page:2 Permit: NCS000155 Owner -Facility: Gkn Driveline Inspection Date: 09/25/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ®❑ ❑ ❑ #Does the Plan include a "Narrative Description of Practices"? ®❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ Cl ❑ At Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ®❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® ❑ ❑ ❑ At Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ At Does the Plan include a list of Responsible Party(s)? ®❑ ❑ Cl # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ 110 # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment: 3 outfalls Page: 3 \O�0F W A TF9oG r Mr. Dib Paul, or successor GKN Driveline 4901 Womack Road Sanford, North Carolina 27330 Dear Mr. Paul: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 8, 2008 Subject: Final NPDES Stormwater Permit Permit No. NCS000155 GIGN Driveline Lee County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000155, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on July 17, 2008. 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. NanhCarolina IVnkrrnllil North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal OpportunitylAffrmative Action Employer— 50% Recycledl10% Post Consumer Paper Mr. Dib Paul GKN Driveline Permit No. NCS000155 If you have any questions or comments concerning this permit, contact Robert Patterson at (919) 807-6375 or robert.patterson@nciiiail.net. Sincerely, ORIGINSLS10"1�DBY ORIOINALSIGNEOEY KEN PIC 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 NCS000155 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, GKN Driveline is hereby authorized to discharge stormwater from a facility located at GKN Driveline 4901 Womack Rd. Sanford, NC Lee County to receiving waters designated as Little Buffalo Creek, a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II,1II, IV, V and VI hereof. This permit shall become effective October 1, 2008. This permit and the authorization to discharge shall expire at midnight on September 30, 2013. Signed this 81h day of September, 2008. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. SullinsDirector Division of Water Quality By the Authority of the Environmental Management Commission 0 Permit No. NCS000155 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000155 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 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 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. NCS000155 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 SECTION C: LOCATION MAP Permit No. NCS000155 Latitude: :79'10'3 N NCS000155 Facility Longitude:79�10'35"W County: Lee GKN Driveline Location Stream Class: C Receiving Stream: Little Buffalo Creek Sub -basin: 03-06-02 (Cape Fear River Basin) Cffowli Map Not to Scale Part I Page 2 of 2 Permit No. NCS000155 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater 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: //h2 o.en r.s to te. n c.us/tmd I/Gen eral_303d.htm#Down loads North Carolina TMDL documents can be found here: httn://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part 11 Pale I of 10 Permit No. NCS000155 (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 through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part 11 Page 2 of 10 Permit No. NCS000155 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 stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural 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. 7. Plan Amendment. The pen-nittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stonrmwater discharges. Each annual update shall include a re-evaluation of the PartIl Page 3 of 10 Permit No. NCS000155 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. 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. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 10 Permit No. NCS000155 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequency[ Sample Type2 Sample Location3 Total Suspended Solids mg/L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall inches semi-annual Rain Gauge Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part 11 Page 5 of 10 Permit No. NCS000155 Table 2. Monitoring Schedule Monitoring period"" Sample Number Start- End Year 1 — Period 1 1 October 1, 2008 March 31, 2009 Year 1 — Period 2 2 April 1, 2009 September 30, 2009 Year 2 — Period 1 3 October 1, 2009 March 31, 2010 Year 2 — Period 2 4 April 1, 2010 September 30, 2010 Year 3 — Period 1 5 October 1, 2010 March 31, 2011 Year 3 — Period 2 6 April 1, 2011 September A 2011 Year 4 — Period 1 7 October 1, 2011 March 31, 2012 Year 4 — Period 2 8 April 1, 2012 September 30, 2012 Year 5 — Period 1 9 October 1, 2012 March 31, 2013 Year 5 — Period 2 10 April 1, 2013 September 30, 2013 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. Monitoring results shall be compared 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). 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. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 PH standard 6-9 Part 11 Page 6 of 10 Permit No. NCS000155 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any Darameter at anv outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 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 exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the 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 (consecuti Then: The permittee shall: I. 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 10 Permit No. NCS000155 DWQ shall be notified in writing if any benchmark value is exceeded or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • 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. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color 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 Part I I Page 8 of 10 Permit No. NCS000155 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. 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 analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc I Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m /I semi-annual Grab SDO Total Suspended Solids m /l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate 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 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. Part 11 Page 9 of 10 Permit No. NCS000155 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). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring . Discharge Characteristics- Units Benchmark PH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part 11 Page 10 of 10 Permit No. NCS000155 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 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 11, 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 Comoly 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 $27,500 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 a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $1 1,000 Part III Page l of 9 Permit No. NCS000155 per day for each day during which the violation continues, with the maximum amount of any Class It penalty not to exceed $137,500. Duty to Miti,,ate 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 111, 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. Oil and Hazardous Substance Liabilitv 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. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 I II Page 2 of 8 Permit No. NCS000155 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 I80 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 § 143-2153.6 and 33 USC 1251 et. seq. _ 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Sip natory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; Part III Page 3 of 8 Permit No. NCS000155 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. 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. 1 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 Tide 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. 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 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 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: Part I I I Page 4 of 8 Permit No. NCS000155 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 Samnline 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. PartIll Page 5 of 8 Permit No. NCS000155 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 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 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 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. PartIII Page 6 of 8 Permit No. NCS000155 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 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 shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Dischari4es 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. amass 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 the time the permiace 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 Part III Page 7 of 8 Permit No. NCS000155 anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. - 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitorin= 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 Pale 8 of 8 NCS000155 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 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. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of Permit No. NCS000155 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 or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. 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 V I Page 2 of 5 Pages Permit No. NCS000155 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. Permtttee The owner.or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Prioritv Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000155 (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 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 Damaee 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 10 ] (14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000155 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 Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance 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 Pages Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources � -j DATE: July 17, 2008 TO: Sanford Herald NUMBER: 919-774-4269 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303 SUBJECT: PUBLIC NOTICE PAGES: 1 Coleen H. Sullins, Director Division of Water Quality Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, July 22, 2008. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 GKN Driveline, 4901 Womack Road, Sanford, NC 27330 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at GKN Driveline, 4901 Womack Road, Sanford, NC, Lee County. The facility discharges to waters designated as Little Buffalo Creek, within the Cape Fear River Basin. Copies of the draft permit, No. NCS000155, are available by contacting: Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6375 robert.patterson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than August 22, 2008. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000155. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 4S.c.W u�r NCDENR Customer Service 1 800 623-7748 Re: NCS000155 Subject: Re: NCS000155 From: classified <classified@sanfordherald.com> Date: Mon, 21 Jul 2008 09:49:16 -0400 To: Sarah Young <sarah.young@ncmail.net> Hi Sarah, Here's a proof of the ad. It will cost $96.13 for the 22nd. PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 GKN Driveline, 4901 Womack Road, Sanford, NO 27330 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at GKN Driveline, 4901 Womack Road, Sanford, NC, Lee County. The facility discharges to waters designated as Little Buffalo Creek, within the Cape Fear River Basin. Copies of the draft permit, No. NCS000155, are available by contacting: Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, NO 27699-1617 Telephone Number: (919)-807-6375 robert.patterson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than August 22, 2008. All comments received prior to that date will be considered in the final determination regarding permit issuance. Ali comments and requests should reference draft permit number NCS000155. Thanks! Kelley Desjarlais Classified Advertising Manager The Sanford Herald 919-718-1204 fax: 919-774-4269 PO Box 100 Sanford, NC 27331 httD://sanford.heraldsun.com/hotiobs on 7/18/08 9:54 AM, Sarah Young at sarah.young@ncmail.net wrote: Kelly - Here is the legal ad. Thanks, Sarah I of 1 7/21/2008 9:45 AM 09/25/2013 23:36 FAX copy upon the attor- ney for the Petitioner Robert J.Pinnero at PO B9x 1379 Albany, Georgia 31702. 1379 (229)426-9661 This 19th day of June, 2W8. Sondra Cook Deputy Cleric Superior Court Lee County, Georgia PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CE.iI ER RALEIGH, NORTH CAROLINA 27699- 1617 GIiN Driveline, 4901 Womack Road, San- ford, NC 27330 has ap- plied for an NPDES Stormwater Permit to discharge stormwater associated with in- dustrial activities at a facility located at GKN Driveline, 4901 Womack Road, San- ford. NC, Lee County. The facility discharg- es to waters designat- ed as Little Buffalo Creek, within the Cape Fear River Basin, Copies of the draft permit, No. NCS000155, are avail- able by contacting:. Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699- 1617 Telephone Number: (919)-807-6375 robert.patterson(p11tc mailnet 255 -Sport Utilities CLASSIFIED DEAD- LINE: 2r00 PM DAY BEFORE PUBLICATION. {2:00 Fitts Friday for Sat/Sun ads). Son - ford Herald, Classi- fied Dept., 718-1201 or 718-1204 260 Vans GMC 8 passenger van, A/C, CD, excellent I1hroughou6 129K mi, $2900 499,5230 270 Motorcycles 08 Hadey Sporniar 883, black, only 26 milesl I $6900 obo. 919.777.4901 320 Child Care Da you need a few hours a day to yourself, kid -free? Kids World is rho plooei Early registration is now taking plcce. Act fast, act nowl Roglshction end+Avg 22, 770.5593 360 Home Care Removo ugly stains From your raafl vinyl siding, Can - crate & bricks. Clean & stain decks & Insured. 718.9115, www,pnelps pressurewoshung.cam 11 is r 420 Help Wanted - General Combination City Driver/ Dock Workers Needed The primary functions of o I CbmbinoEan City Driver / Persons wishing to comment upon or ob., jectto the proposed determination are in- vited to submit their comments in writing to the above address no later than August 22, 2008. All com- ments received prior to that date will be considered in the ii• nal determination re- garding permit issu• ance. All comments and requests should. appiie wwwroo, Roadwa Opporrui FT Kenna: physically pets and Flexible sr once pn RES11M . 230 We: Mfg. f Let, Establish is sookmn / Lood•F Shift mr oversee. operalior maintain eleney,. appli stand, av Mau Into skills. porn mm $pen eh ddr 84 Fie Z 001 1 Michael F. Easley, Governor i William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources 1 'C Coleen H. Sullins, Director Division of Water Quality July 17, 2008 Mr. Dib Paul, or successor GKN Driveline 4901 Womack Road Sanford, North Carolina 27330 Subject: Dear Mr. Paul: Draft NPDES Stormwater Permit Permit No. NCS000155 GKN Driveline Lee County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1.. TSS and pH have been added to the analytical monitoring requirements. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. 4. 'You are 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. 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map crust 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 o° NrihCaro6na 'Vatura!/y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Dib Paul GKN Driveline Permit No. NCS000155 been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-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. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Robert Patterson at (919) 807- 6375 or robert.patterson@ncmail.net Sincerely, Robert D. Patterson, P.E. Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office, Vicki Webb Stormwater Permitting Unit Attachments NCS000155 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 tfie.North Carolina Environmental Management Commission, and the Federal Water Pollution'Control Act, as amended, is hereby authorized to.discharge stormwater from a facility located at � ,. L KN Driveline 1 G t ,14901 Womack Rd. Sanford; NC Lee County to receiving waters designated as Little Buffalo Creek, a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective October 1, 2008. This permit and the authorization to discharge shall expire at midnight on September 30, 2013. Signed this 22nd day of September, 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000155 PART Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: PART III TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Locatior MONITOR] DISCHARC Stormw; Analytic Qualitat On -Site PERMITTED STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i a Permit No. NCS000155 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination. 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Faciliti Section D: Monitoring and Records f 1. t Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures � 5. Representative Outfal I`J 6. Records Retention?, 7. Inspecttiion,add,Emry- Section E: Reporting Requirements' l . y 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 I Permit No. NCS000155 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing::to obtain a No Exposure Certification must submit a No Exposure CertificatioWNOhfor`m to the;Division; must receive rr rr 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 Until this permit expires or is 6difed'ar revoked; the permittee is authorized to discharge stormwater to the surface waters of North arolina 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 shaalllll.be'in accordance with the conditions of this permit. Any other point source discharge.to'surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000155 Latitude: 35'32'40" N ��+�+000.� 55 FdClilty Longitude: 79'10'35"W County: Lee GKN Driveline Location' Stream Class: C Receiving Stream: Little Buffalo Creek Sub -basin: 03-06-02 (Cape Fear River Basin) cffiOrCtlk Map Not to Scale Part I Page 2 of 2 Pennit No. NCS000155 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 that may be expected.to contribute to contamination of stormwater discharges. The site plan shall contain tfie following: a. A general location map (USGS qt equivalent snap), showing the faci routes and surface waters, the nan stormwater outfall(s) discharges, i storm sewer system, the name/of.l waters; and acct should identify, List of impaired been establishe North Carolina' North Carolin http://h2o.en anglemap or appropriately drafted s location in relation to transportation f the receiving water(s) to which the the discharge is to a municipal separate I and the ultimate receiving itude of the point(s) of discharge. The map g water is impaired (on the state's 303(d) ),rts locatea in a watershed for which a TMDL has what the parameter(s) of concern are. )List can be found here: us/tmdl/General 303d.htm#Downloads documents can be found here: VrMDL_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 with the following items (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part 11 Page I of 10 Permit No. NCS000155 (10) Existing BMPs and impervious surfaces 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 3. 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 manaaeme`nt elan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the the methods of operations and/or s of materials and processes to stow prevent exposure of all storage are manufacturing or fueling operanot not practical, the s6rmwater,mana diverting the stormwater runoff av economic feasibility of changing s to eliminate or reduce exposure wer practical, the permittee shall material handling operations, and In areas where elimination of exposure is nent plan shall document the feasibility of from areas of potential contamination. b. Secondary ContainmentlRequirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III ofthe�Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 (5) years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips; infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute Part I I Page 2 of 10 Permit No. NCS000155 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site atall 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 SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. j°\ .,f 4. Preventative Maintenance and Good Housekeeping:Program.�A preventative maintenance program shall be developed. The ,program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and'regttlar cleaning schedules of these areas shall be incorporated into the program ;!/ 5. Employee Training. Training schedules,shall'be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential'to contaminate stormwater runoff. Facility personnel (or team) responsible for imple r enting the training shall be identified. 6. Responsible Party. The Stor � ater Pollution Prevention Plan shall identify a specific position(s) responsible -for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 penmittee 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. Part I I Page 3 of 10 Permit No. NCS000155 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities; including vehicle maintenance activities. Such documentation shall be kept on site for a`penod of five years and made available to the Director or the Director's authorized- representative immediately upon request. % - Part 11 Page 4 of 10 Permit No. NCS000155 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements 4 Discharge Characteristics Units Measurement Frequencyt Sample Type2 Sample Location3 Total Suspended Solids m �jsemi-annual Grab SDO H standard /semi-annual Grab SDO Total Rainfal14 inches" 1 L-serni-annual Rain Gauge Footnotes:r: "year d�,� \ I Measurement Frequency: Twice peuring a representative storm event, for each year until either another permit is issued for this facility or�until this rinit 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 fo'r a`renewal"application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Tabie 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part 11 Page 5 of 10 Permit No. NCS000155 Table 2. Monitoring Schedule Monitoring periodt'Z Sample Number Start End Year 1 —Period 1 1 October 1, 2008 March 31, 2009 Year 1 — Period 2 2 April 1, 2009 September 30, 2009 Year 2 — Period 1 3 October 1, 2009 March 31, 2010 Year 2 — Period 2 4 April 1, 2010 September 30, 2010 Year 3 — Period 1 5 October 1, 2010 March 31, 2011 Year 3 — Period 2 6 April 1, 2011 September 30, 2011 Year 4 —Period 1 7 October 1, 2011 March 31. 2012 Year 4 — Period 2 8 April 1, 2012 September 30, 2012 Year 5 — Period 1 9 October 1,.20.12 March 31, 2013 Year 5 — Period 2 10 April 1%2013 September 30, 2013 Footnotes: I Maintain semi-annual monitoring during permit renewal monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the p Flow" within 30 days of the end of the six-month sampli applicant must continue semi-annual a monitoring report indicating "No Monitoring results shall be compared to the_benchinark values in Table 3. The benchmark values in Table 3 are not permit limits but shouldbe used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP,): 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. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values-. or Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 PH standard 6-9 Part 11 Page 6 of 10 Permit No. NCS000155 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any narameter at anv outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 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. /j \ 4. Implement the selected actions within two months off the,inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. a Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected implemented. %f If: During the term of this date the selected actions were Two results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. 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 II Page 7 of 10 Permit No. NCS000155 DWQ shall be notified in writing if any benchmark value is exceeded or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • 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 • Require that the permittee implement site Exclusion. SECTION C: QUALITATIVE Qualitative monitoring requires a visual representative outfall status and shall be analytical monitoring event. Qualitativf effectiveness of the Stormwater Pollutit stormwater pollution. of measures; or qualify for the No Exposure Eeach stormwater outfall regardless of s specified in Table 4, and during the is for the purpose of evaluating the Plan (SPPP) and assessing new sources of In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of thecondition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency] 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 Part 11 Page 8 of 10 Permit No. NCS000155 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 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 gallons of new motor oil per month when averaged ovi analytical monitoring as specified below in Table 5. �T stormwater discharge outfalls which discharge stormw areas, and in accordance with the schedule presented-ir monitoring shall be performed during a representative Table 5. Analytical Monitoring on -site which uses more than 55 ndar year shall perform oring shall be performed at all f from vehicle maintenance (Section B). All analytical r On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Fre uenc I Type2 Location3 H _,standard semi-annual Grab SDO Oil and Grease /% m ]✓ semi-annual Grab SDO Total Suspended Solids t \ in I semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usagegallons/month I semi-annual Estimate 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 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. Part 11 Page 9 of 10 Permit No. NCS000155 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). Exceedances 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 1I Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 1= <]00 Part II Page 10 of 10 Permit No. NCS000155 PART 111 STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 withind 2 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 Stormwatei 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 discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all'conditi ns.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 $27,500 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 a permit condition may be assessed an administrative penalty not to exceed $ 11,000 per violation with the maximum amount not to exceed $137,500. [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 twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 Part III Page I of 8 Permit No. NCS000155 per day for each day during which the violation continues, with the maximum amount of any Class I I penalty not to exceed $137,500. 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 Ill, 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. % O 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 d es` t co ey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tamperine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual 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 tine 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. NCS000155 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. SECTIONB: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration da authorization to discharge beyond the expiration date, the permute required by the agency authorized to issue permits no latentha jl8 permittee that has not requested renewal at least 180 days prior to . have a permit after the expiration and has not requested renewal at subjected to enforcement procedures as provided in NCGSA 143-2 2. Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements 2 required to notify the Division in writ Si gn€, atory Requirements All applications, reports, I 6r,infarma a. All applications to be cove te.; In order to receive automatic t`sF all submit forms and fees as are D'days prior to the expiration date. Any ol !xpiration, or any permittee that does not least-180 days prior to expiration, will be 153.6 and 33 USC 1251 et. seq. fter'notice to and approval by the Director. The issuance of the permit to change the name and ;ary under the Clean Water Act. The Permittee is the permitted facility is sold or closed. submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; PartI I I Page 3 of 8 Permit No. NCS000155 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. 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 ,X / \ - 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 `aroli a Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al., Permit Actions The permit may be modified; revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bvpassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part III Page 4 of 8 Permit No. NCS000155 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 III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 2. 3. 4. Representative Samplin<> Samples collected and measurements taken, as nature of the permitted discharge. Analytical s event. Samples shall be taken on a day and tin taken before the discharge joins or is diluted b, Monitoring points as specified in this permit sf the Director. „ IV Recordine Results For each measurement, requirements of this ind a. The date, exac ;hall be characteristic of the volume and I erformed during a representative storm ristic of the discharge. All samples shall be stream, body of water, or substance. d without notification to and approval of maintenance activity performed or collected pursuant to the rmittee shall record the following information: tripling, 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; C. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. PartI I I Page 5 of 8 Permit No. NCS000155 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 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 Pollution Prevention Plan. Copies of analytical monitoring results permittee shall retain records of all monitoring information, incluc records and all original strip chart recordings for continuous morn reports required by this individual permit for a period of at'least 5 measurement, report or application. This period may be extended Inspection and Entry the.facility along with the Stormwater shall also be maintained on -site. The ing all calibration and maintenance oring-instrumentation, and copies of all years from the date of the sample, by request of the Director at any time. 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 of credentials and other documents as may be required by law, to; f a. Enter upon the perI iittee'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 forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 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. PartI I I Page 6 of 8 Permit No. NCS000155 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 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 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 statementon 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 discharge, the permittee shall separately monitor discharge permit and provide this information wi 5. Planned Changes mtit coincides with a non-stormwater required under the non-stormwater discharge monitoring report. 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). � �f 6. Anticipated Noncompliance �' The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pennittee 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 PartIll Page 7 of 8 Permit No. NCS000155 anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part I I I Page 8 of 8 NCS000155 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 Act then applicable. PART V ADMINISTERING AND REQUIREi The permittee must pay the administering and compliar the Division. Failure to pay the fee in,timely manner in Division to initiate action to revoke tti'e.lndividual Pem Act See Clean Water Act. 2. Arithmetic Mean II also contain,any other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 21-1 .0105(b)(4) may cause this DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000155 E 6. h 8. 9. 10. IL 12. 13. 14. 15. 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. Bulk Storaee 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. Clean Water Act The Federal Water Pollution Control Act, also known USC 1251, et. seq. Division or DWO The Division of Water Quality, Department of En_viror Director The Director of the Division of Water<Ouality, the.pen EMC The North Carolina Grab Sample``-- m'Water Act (CWA), as amended, 33 Resources. issuing authority. Commission. 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. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000155 no 17 I" 1W 20. 21 22. 23 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). Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are riot disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharee 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. Representative Storm Event A storm event that measures greater than 0.1 inche sof '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 ours without producing any collectable discharge, and then stops, a sample may be collected'if a rain proing-a discharge begins again within the next 10 hours. Representative Outfall Status >�\ �X When it is established that the discharge, of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to'perfortn analytical monitoring at a reduced number of outfalls. Rinse Water Discha= The dischafge 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. 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. 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 111, Section 313 reporting requirements; and C. That meet at least one of the following criteria: Part V I Page 3 of 5 Pages Permit No. NCS000155 (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 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. J� 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 sectiond01(l4) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SAR / fertilizers; pesticides; and waste products such as ashes, 11 slag and sludge that have the potential `sed-with stormwater discharges. 26. Significant Spills Includes, but is not limited to5rel e f oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water rAct �(Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). { 27. Stormwater Runoff The Flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part V I Page 4 of 5 Pages Permit No. NCS000155 31 32. 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. Total Maximum Daily Load (TMDL) A TMDL. is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. Thetlean Water Act, section 303, establishes %/the water quality standards and TMDL programs. ' 1>. `\ ty 33. Toxic Pollutant 34. 35. 36. 37 Any pollutant listed as toxic under Section upset Act. Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitation`s 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 r e maintenance, or careless or improperoperation. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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. 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 f NCS000155 J [7 Michael F. Easley, Governor QWilliam G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources rI Calecn H. Sullins Director ` Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: GKN Driveline NPDES Permit Number: NCS000155 —� Facility Location: Sanford, NC (Lee County) mo M Type of Activity: Metal forming na L C f Receiving Streams: See Figure 1y ��� EIJI. `` River Basin: Cape Fear River Basin, Sub -basin 03-06-02 z J oN Stream Classification: C, NSW — 00 ^ fJ Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure 1 Response Requested by (Date): June 20, 2008 Central Office Staff Contact: Robert Patten Special Issues: ext. 360 Issue Rating Scale: 1 eas to 10 hard Compliance history 1 Benchmark exceedance 1 Location (TMDL, T&E species, etc) 10 Other Challenges: 5 Difficulty Rating: 17/40 Special Issues Explanation: e Location: This site is upstream of an endangered species habitat • Other: This facility may have two owners with co -mingling outfalls after June 2008. Description of Onsite Activities: The site currently has two plants, driveline and forming. (The driveline plant is closing in June 2008.) The forming plant heats metal and then forms it to specific shapes. Documents Reviewed: _ _ - • Draft 2008 303(d) list • 2006 EPA Sector -Specific Permit (draft) U I • SPu Files MAY L 3 2008i� • National Heritage Program (NHP) Threatened & Endangered database I If �� History: REGIO�;A tDENR RkLEIGH L [OFFICE • December 1, 1994: Date permit first issued. Qualitative requirements only. tD -- — 1 Page 1 of 7 I`►1*11IIIIJIM, • May 1, 2000: Date permit re -issued. Qualitative requirements only. • September 2, 2004: Notified permittee that they needed to re -apply. • November 1, 2004: Permittee submitted renewal application Central Office Review Summary: 1. Owner's Other Permits: N/A 2. General Observations: Recipient of the 2006 Environmental Stewardship Award, presented by Secretary Ross. The Environmental Stewardship Initiative is a voluntary program that encourages facilities to use pollution prevention and innovation to meet and go beyond regulatory requirements. Page 2 of 7 NCS000155 3. Impairment: Not 303(d) listed. Not addressed by the 2005 Basinwide Plan (North and South Buffalo creeks are addressed and parts of those creeks are listed.) 4. Location: This facility appears to drain to Little Buffalo Creek. However, the watershed for Gum Fork is also in the immediate vicinity. It appears from the Google Satellite Map that the facility is in the location to drain to Little Buffalo Creek. "Buffalo Creek" (not "Little Buffalo Creek") is listed on both the previous permit and the application. However, "Buffalo Creek" is not the receiving stream. If a site visit is done, verify the receiving stream. This is an important element because if the facility drains to Little Bt flalo Creek, then it drains to an endangered species habitat. Figure 2: Receiving Stream Validation 5. Industrial Changes Since Previous Permit: The driveline portion of this facility will be closing in June 2008. Request the RRO's input on the following: The changes in activities on the site may make them eligible for the NCG03 (metal fabrication) permit instead of an individual permit (unless the owner or RO would prefer to keep it as an individual permit). This could depend on who leases the former driveline building. They could be co-permittees or get separate permits. Another option would be to hold off issuing until they have more information on who will be leasing the building. 6. Analytical Monitoring Notes: No sampling was required in the previous permit. EPA requires TSS sampling. 7. Qualitative Monitoring Notes: No issues noted. However, The color and clarity are always "clear". The other parameters are always "none". Typically, there is at least one instance where an anomaly is recorded. Determine if the person monitoring understands what items to record. Page 3 of 7 NCS000155 8. Threatened and Endangered: The Cape Fear Shiner (a fish) is found in downstream of the facility in Little Buffalo Creek, where the creek meets the Cape Fear River. The NHP database shows that the Shiner was found in a separate creek -that also drains to the Cape Fear, downstream of where the Little Buffalo Creek meets the river. However, the expected range of the fish includes part of Little Buffalo Creek. Though the outfall of the facility does not intersect the expected location of the fish, stormwater from the site may affect the Shiner downstream. Potential threats to the species and its habitat could come from such activities as changes in stream flow, runoff from agriculture and communities, road construction, impoundments, wastewater discharge, and other development projects in the watershed (http://www.fws.gov/nc-es/fish/cfshiner.html). Page 4 of 7 NCS000155 Revised Permit Recommendations: Analytical Monitoring: I. TSS and pH have been added to the analytical monitoring requirements. TSS has been added because it is required in the EPA Sector Specific permit. pH has been added to the analytical monitoring for all permits. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 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. 4. 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. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-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 5 of 7 NCS000155 Discussions with permittee: Dib Paul, 919.708.6243, dib.paulAekndriveline.com and Kimberly Killian, 919.708.4574, Kimberly. kiIIian(a)gkndriveline.com. (Kimberly is the main contact.) : 1. Discussion with Dib, late April 2008: Discussed the fact that part of his facility will soon be closing. He indicated that most of the stormwater concerns were for the portion that would be closing, and asked if he still needed a permit. I explained the No Exposure option. He met with his staff, and they decided not to pursue that route. 2. Have there been any significant changes at your facility since you applied for the renewal permit in November 2004? a. The site currently has two plants; driveline and forming. The driveline plant is closing in June 2008. It is being mothballed in preparation for selling it to a new owner or leasing it to a leasee. Most of the stormwater concems for the previous permit were related to the `oil bearing activities" at the driveline plant. The stormwater from the two facilities co -mingles in at least one of the outfalls. The permit will need to be written appropriately. As of May 2, the permittees do not know who will be using that building. 3. What does each of your two plants manufacture? Your website says driveline "precision forming". a. Driveline: Oil bearing operations (will be closing) b. Forming: Heat and form metal components 4. What is your SIC code for the plant that will remain open? a. Metal forming plant: SIC=3714, and NAICS=336350 Page 6 of 7 Robert, I met with Kim Killian with GKN Driveline facility NCS000155 on july 81h, 2008 to do a site visit. After review of their paperwork and doing an inspection of the outfalls, this is my finding: 1. The facility should draft a site map that shows all outfalls and the direction of flow for stormwater. Also describe any potential pollutants for each outfall. 2. The driveline plant is closed. The facility is still not sure who will occupy this front building or when this will happen. 3. The facility drains to Little Buffalo Creek not Buffalo Creek. Stormwater from the front is carried to the back of the facility and then discharged where it will flow to Little Buffalo Creek. I don't see where Gum Fork will be affected by this facility. The facility is doing a good job of following their permit. I did talk with Kim to let her know that sampling was going to be required in the new permit and she is already working on getting a contract lab and quotes for the sampling. I recommend that the permit continue to go forward and be renewed. If the driveline building is leased or sold then at that time we can revisit the facility to see if they need a separate permit or if the one permit shall stay in tacked and or other sampling parameters added. NCS000155 Recommendations: Based on the documents reviewed, the application information submitted on November 1, 2004 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 5 Date Su O $ Page 7 of 7 Contact information for GKN Precision Forming, Sanford NC NCS 0... Subject: Contact information for GKN Precision Forming, Sanford NC NCS 000166 GKN Driveline Application From: "Kimberly Killian" <Kimberly.Killian@gkndriveline.com> Date: Fri, 2 May 2008 15:14:11 -0400 To: <kelly.p.johnson@ncmai1.net> CC: "Dib Paul" <Dib.Paul@gkndriveline.com> �1tt Nein l.'OlXI1A C 1 Good afternoon Kelly, Thank you for taking the time to speak with Dib Paul and I today. Feel free to contact me at anytime while determining the status of our stormwater permit requirements per our conference call. «NCS 000155_GKN Driveline_ Application.pdf>> Thank you for your continued support of the environmental, health and safety program at GKN Precision Forming. Regards, Kimberly A. Killian, CSHO EHS Specialist GKN Precision Forming - Sanford kimberly.killian@gkndriveline.com office: 919-708-4574 cell: 919-353-2139 This e-mail and any attachments transmitted with it contain information which is confidential, intended solely for the addressee(s) and which may also be privileged or exempt from disclosure under applicable law. If you are not the addressee(s), or have received this e-mail in error, please notify the sender immediately, delete it from your system and do not copy, print, disclose or use any part of it or its attachments. Internet communications are not guaranteed to be secure or free of any virus. The GKN Group does not accept liability for any loss or damage arising in any way from changes to this e-mail or its attachments which may occur in transmission due to network, machine or software failure or manufacturer or operator error, or from unauthorised access or interference with intemel communications by any third party or from the transmission of any viruses. Any opinion or other information in this e-mail or its attachments that does not relate to the business of the GKN Group or any part of it is personal to the sender and is not given or in anyway endorsed by the GKN Group or any part of it. Content -Description: NCS 000155_GKN Driveline_ Application.pdf NCS 000155_GKN Driveline_Application.pdfl Content -Type: application/octet-stream I Content -Encoding: base64 1 of 1 5/2/2008 3:19 PM Re: Contact information for GKN Precision Forming, Sanford NC NC... Subject: Re: Contact information for GKN Precision Forming, Sanford NC NCS 000166_GKN Driveline Application From: Kelly Johnson <kelly.p.johnson@ncmail.net> Date: Fri, 02 May 2008 15:50:10 -0400 To: Kimberly Killian <Kimberly.Killian@gkndriveline.com> Kimberly, Based on the EPA Sector -Specific permit available at (page 162) http://cfpub2.cpa.gov/npdes/stormwater/msgp.cfm, I would require TSS monitoring for this site. Note that this is the "draft 2006" version of the permit, but it is the most current one that we reference for guidance. NC has its own NPDES permitting system, but we typically reference EPA in order to be consistent and because they have much more data available for the various industry types than we have in-house. In addition to TSS, if the stormwater from the forming operation that you own co -mingles with the stormwater from the current driveline area, and the new tenant or owner of that building begins operations that have potential parameters of concern for stormwater then we would have to figure out how to handle that from a permitting perspective. As I mentioned on the phone, there would be sampling for all potential chemical parameters that could be present in the stormwater, but the actual permit owner would be either GKN, the other owner, or a shared permit. There may be other ownership options to consider as that situation develops. It is still very early in the permitting process, and I have not completely reviewed your file. So, at this point I just wanted to answer your general question as to whether or not sampling would be required. There may be other parameters as well as we get into this more. Just FYI, I have found that there is an endangered species present downstream from your facility. I have attached an excerpt of the staff report I am writing that shows a map. So, that is also a concern. Kelly Kimberly Killian wrote: Good afternoon Kelly, Thank you for taking the time to speak with Dib Paul and I today. Feel free to contact me at anytime while determining the status of our stormwater permit requirements per our conference call. «NCS 000155_GKN Driveline_Application. pdf>> Thank you for your continued support of the environmental, health and safety program at GKN Precision Forming. Regards, Kimberly A. Killian, CSHO EHS Specialist GKN Precision Forming - Sanford kimberly. ki I I ian(agkndrivel i ne. com office: 919-708-4574 cell: 919-353-2139 This e-mail and any attachments transmitted with it contain information which is confidential, intended solely for the addressee(s) and which may also be prwileged or exempt from disclosure under applicable law. If you are not the addressee(s), or have received this e-mail in error, please notify the sender immediately, delete it from your system and do not copy, print, disclose or use any part of it or its attachments. Internet communications are not guaranteed to be secure or free of any virus. The GKN Group does not accept liability for any loss or damage arising in any way from changes to this e-mail or its attachments which may occur in transmission due to network, machine or software failure or manufacturer or operator error, or from unauthorised access or interference with internet communications by any third party or from the transmission of any viruses. Any opinion or other information in this e-mail or Its attachments that does not relate to the business of the GKN Group or any part of it is personal to the sender and is not given or in any way endorsed by the 1 of 2 5/2/2008 3:50 PM Re: Contact information for GKN Precision Forming, Sanford NC NC... GKN Group or any part of iL Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 [GKN T&E.doc Content -Type: application/msword Content -Encoding: base64 2 of 2 5/2/2008 3:50 PM Stormwater Permit, NCS 000155, GKN Driveline Subject: Stormwater Permit, NCS 000155, GKN Driveline From: Kelly Johnson <kelly.p.johnson@ncmail.net> Date: Mon, 07 Apr 2008 10:34:48 -0400 To: dib.paul@gkndriveline.com Dib, our office has a significant backlog of permit renewal applications, and we have just begun to review the application you submitted on 11/l/04. I apologize for the delay, but I had a few questions for you now that I have reviewed your materials. 1.) What do you manufacture? Your website says that you do driveline precision forming. Does that mean that you manufacture metal components? Do you also manufacture rubber, plastic, or other components? What is your SIC Code? 2.) You noted on your application (attached) that you had not had any significant changes at your facility since your previous permit. Have you had any significant changes since your application? 3.) Your previous permit did not require stormwater sampling/analytical monitoring. Are most of your operations inside or under a covered roof? What materials do you manufacture or store uncovered outside? Have you aware of the No Exposure Certification option for this permit? "No Exposure" essentially means that there aren't any outside activities that would negatively affect stormwater. You can read the specifics and determine if you believe you are eligible on our website, http://h2o.enr.state.nc.us/su/Forms_Documents.htm, under Miscellaneous Forms. If you have a No Exposure Certification, then you don't need a permit. It is unclear from your file whether or not you have ever considered this option before. If you would prefer to discuss this over the phone, please give me a call. Thanks, Kelly Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 NCS 000155_GKN Driveline_Application.pdf Content -Type: application/pdf, Content -Encoding: base64 d Kem 031 d�uQ avles O-f\ s%zt • u• �te\WQ Q�OA(\ - G050(r- Cn (013o /62 : D%L &Sxg, of ac3c.%j �,e 3liLI =5�c N�\\cs 33( 35o 1 of 1 4/7/2008 10:35 AM State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director September 2, 2004 GKN AUTOMOTIVE INCORPORATED ATTN: DIB PAUL, OR SUCCESSOR 4901 WOMACK RD SANFORD, NC 27330 ID NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 Subject: NPDES Stormwater Permit Renewal GKN Automotive Incorporated Permit Number NCS000155 Lee County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000155. This permit expires on April 30, 2005. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2005. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper E OF NORTH C A Department of Environment and Natural Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919-571-4700 He Access Record SECTION DATE NAME REPRESENTING Guidelines for Access: The staff of the Raleigh Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines before signing the form: 1. Please call for an appointment with Charlene Stephens, extension 241. Appointments will be scheduled between 10:30 a.m. and 3 30 o m Tuesd through Thursday. Viewing time ends at 4:00 p.m. You must specify files you want to review by facility name, address or incident number. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 10 cents for ALL copies if you make more than 25 copies -there is no charge for less than 25 copies: payment may also be made b check, money order, or cash at the reception desk. Your company can also be invoiced. 4. FILES MUST BE KEPT IN THE ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with General Statute 25-3-506, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 2. 3. 4. 5. Facility Name 1..,,ident- �„o� County G K Q Q� mg g000t55 4,A. Cam_ A'44_�� 9:1S_ a vL/ Signature /Da e Time In / Time Out Please attach a business card if possible 2006 MSGP Table D-I. Sectors of Industrial Activity Covered by This Permit SIC Code or t Activity Codc Activity Represented 3951-3955 Pens, Pencils, and Other Artists' Materials (except3952 facilities as specified in Sector C) 3961, 3965 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal 3991-3999 j Miscellaneous Manufacturing Industries SECTOR Z: LEATHER TANNING AND FINISHING 3111 Leather Tanning and Finishing SECTOR AA: FABRICATED METAL PRODUCTS 3411-3499 Fabricated Metal Products, Except Machinery and Transportation Equipment, and Coating, Engraving, and Allied Services. 3911-3915 Jewelry, Silverware, and Plated Ware SECTOR AB: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL MACHINERY 3511-3599 Industrial and Commercial Machinery, Except Computer and Office Equipment (see (except 3 5 7 1 - Sector AC) 3579) '371.1-3799 Transportation Equipment Except Ship and Boat Building and Repairing (see Sector R) (except 3731, 3732) SECTOR AC: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS 3571-3579 Computer and Office Equipment 3612-3699 Electronic and Electrical Equipment and Components, Except Computer Equipment 3812-3873 Measuring, Analyzing, and Controlling Instruments; Photographic and Optical Goods, Watches, and Clocks SECTOR AD: NON -CLASSIFIED FACILITIES N/A Other stormwater discharges designated by the Director as needing a permit (see 40 CFR 122.26(a)(9)(i)(C) & (D)) or any facility discharging stormwater associated with industrial activity not described by any of Sectors A -AC. NOTE: Facilities may not elect to be covered under Sector AD. Only the Director may assign a facility to Sector AD. ' A complete list of SIC Codes (and conversions from the newer North American Industry Classification System" (NAICS)) can be obtained from the Internet at www.census.eov/epcd/www/naics.html or in paper form from various locations in the document titled Handbook of Standard Industrial Classifications, Office of Management and Budget, 1987. Appendix D - D-6 I 2006 MSGP Part 4 - Sector -Specific Requirements for Industrial Activity Subsection AB - Sector AB -Transportation Equipment, Industrial and Commercial Machinery ABA Covered Stormwater Discharges. The requirements in Subsection AB apply to stormwater discharges associated with industrial activity from transportation equipment, industrial or commercial machinery facilities as identified by the Activity Code specified under Sector AB in Table D-I of Appendix D of the permit. AB.2 Industrial Activities Covered by Sector AB. Permittees under Sector AB are primarily engaged in the following types of activities: A13.2.1 Industrial and commercial machinery (except computer and office equipment) (see Sector AC) and AB.2.2 Transportation equipment (except ship and boat building and repairing) (see Sector R); AB.3 Stormwater Pollution Plan (SWPPP) Requirements. In addition to the following requirements, you must also comply with the requirements listed in Part 2 of the permit. AB.3.1 Drainage Area Site Map. (See also Part 2.1.2) Identify where any of the following may be exposed to precipitation or surface runoff: vents and stacks from metal processing and similar operations. AB.3.2 Non-Stormwater Discharges. (See also Part 2.1.4.5) If your facility has a separate NPDES permit (or has applied for a permit) authorizing discharges of wastewater, attach a copy of the permit (or the application) to your SWPPP. Any new wastewater permits issued or reissued to you must then replace the old one in your SWPPP. If you discharge wastewater, other than solely domestic wastewater, to a Publicly Owned Treatment Works (POTW), you must notify the POTW of the discharge (identify the types of wastewater discharged, including any stormwater). As proof of this notification, attach to your SWPPP a copy of the permit issued to your facility by the POTW or a copy of your notification to the POTW. Part 4 — Sector AB 161 r-- 2006 MSGP ABA Monitoring and Reporting Requirements. (See also Part 3 of the permit.) Table AB-1. Sector -specific Numeric Effluent Limitations and Benchmark Monitoring Subsector Benchmark Effluent (Discharges may be subject to requirements Parameter Monitoring Limitation for more than one sector/subsector) Concentration[ Guidelines Transportation Equipment, Industrial, or Total Suspended 100 mg/L Commercial Machinery (SIC 3511-3599, except Solids (TSS) 3571-3579, 371 L'-3799, except 3731 and 3732) You most monitor quarterly in the first year of your coverage for each benchmark parameter (see Part 3.2.2.1). For each parameter, no additional benchmark monitoring is required if the average of your 4 monitoring values does not exceed the benchmark (see Part 3.2.2.3). However, for each parameter there are additional requirements if the average of your four monitoring values exceeds the benchmark (see Part 3.2.2.4). Part 4 — Sector AB 162 2006 MSGP Part 4 - Sector -Specific Requirements for Industrial Activity Subsection AC - Sector AC -Electronic and Electrical Equipment and Components, Photographic and Optical Goods. ACA Covered Stormwater Discharges. The requirements in Subsection AC apply to stormwater discharges associated with industrial activity from facilities that manufacture electronic and electrical equipment and components, photographic and optical goods as identified by the SIC Codes specified in Table D-1 of Appendix D of the permit. AC.2 Industrial Activities Covered by Sector AC. Permittees under Sector AC are primarily engaged in the manufacturing of the following types of products: AC.2.1 measuring, analyzing, and controlling instruments; AC.2.2 photographic, medical, and optical goods; AC.2.3 watches and clocks; AC.2.4 computer and office equipment; and AC.2.5 electrical and electronic equipment and components. AC.3 Stormwater Pollution Prevention Plan (SWPPP) Requirements. No additional sector -specific requirements apply. Part 4 — Sector AC 163 Proposed 2006 MSGP ACA Monitoring and Reporting Requirements. (See also Part 3 of the permit.) Table AC-1. Sector -specific Numeric Effluent Limitations and Benchmark Monitoring Subsector (Discharges may be subject to Benchmark Effluent requirements for more than one Parameter Monitoring Concentration[ Limitation Guidelines sector/subsector) Electronic, Electrical, Photographic, Total Suspended 100 mg/L and Optical Goods (SIC 3571-3579, Solids (TSS) 3812-3873) Electronic and Electrical Equipment Total Suspended 100 mg/L and Components, except Computers Solids (TSS) (SIC 3612-3699) Total Recoverable 0.014 mg/L Copper Total Recoverable 0.082 mg/L Lead 'You must monitor quarterly in the first year of your coverage for each benchmark parameter (see Part 3.2.2.1). For each parameter, no additional benchmark monitoring is required if the average of your 4 monitoring values does not exceed the benchmark (see Part 3.2.2.3). However, for each parameter there are additional requirements if the average of your four monitoring values exceeds the benchmark (see Part 3.2.2.4). z The benchmark value of copper is determined as a function of hardness (in units of mgfL) in the water column. The value given in Table AC-1 (i.e. 0.014 mg/L) corresponds to a hardness of 100 mg/L and should be used if you either did not analyze water hardness, other hardness data are not available, or the water hardness is less than 100 mg/L. If a laboratory analysis indicates that the water hardness is below 100 mg/L, then you should use the benchmark for 100 mg/L. If a laboratory analysis indicates that the water hardness is greater than 100 mg/L, then the following equation may be used to determine the benchmark value for copper: Benchmark = (e [(0.9422)(In hardness) - 1.700] )/1000 Example. Laboratory analysis of your water sample indicates the hardness is 175 mg/L. [(0.9422)(In 175) - 1.700] Benchmark = (e )/ I000 _ (c3.166)/1000 = 23.72/1000 = 0.024 mg/L The following are example benchmark values for copper: Hardness (mg/L) Benchmark value (melL) 100 0.014 125 0.017 150 0.021 175 0.024 200 0.027 225 0.030 250 0.033 Part 4 - Sector AC 164 A 2006 MSGP ' The benchmark value of lead is determined as a function of hardness (in units of mg/L) in the water column. The value given in Table AC-1 (i.e. 0.082 mg/L) corresponds to a hardness of 100 mg/L and should be used if you either did not analyze water hardness, other hardness data are not available, or the water hardness is less than 100 mg/L. If a laboratory analysis indicates that the water hardness is below 100 mg/L, then you should use the benchmark for 100 mg/L. If a laboratory analysis indicates that the water hardness is greater than 100 mg/L, then the following equation may be used to determine the benchmark value for lead: Benchmark = (e [(1.273)(In hardness) — 1.460] )/1000 Example. Laboratory analysis of your water sample indicates the hardness is 175 mg/L. Benchmark = (e [(1.273)(ln 175) — 1.460] )/1000 _ (e5.1148)/1000 = 166.46/1000 = 0.17 mg/L The following are example benchmark value for lead: Hardness (mg!L) 100 125 150 175 200 Part 4 — Sector AC 225 250 Benchmark value (mg/L) 0.082 0.11 0.14 0.17 0.20 0.23 0.26 165 //yy ,�Lw.���� COL �T`t/TZEiVIIS;t N'JMEiR `� e �� FACILITY: , �/� liL��CkpW&xZ - S N6e, CITY: l�q p G,)avv�eclL RrJ PEP=1 NL�ER_hL!naOj5-5' couNTY: Nc �7330 Permit Informatio that Needs to be Incorporated into Future Permit Re-asions: DATE COtIN2vEE.NTS r. �4 ): I I I I I I _ I I� I I I I I I I I I ( I I State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Ms. Beth Palma GKN Automotive, Inc. 4901 Womack Road Sanford, NC 27330 Dear Ms. Palma: jai NCO`ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 14, 2000 Subject: Permit No. NCS000155 GKN Automotive, Inc. Lee County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000155 the Division of Water Quality (DWQ) 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 US Environmental Protection agency dated December 6, 1983. Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part II - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the 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. 1617 Mail service center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Page 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS for Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Raleigh Regional Office Stormwater and General Permits Unit Central Files NCS000155 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, GKN Automotive, Inc. is hereby authorized to discharge stormwater from a facility located at GKN Automotive, Inc. 4901 Womack Road Sanford, NC Lee County to receiving waters designated as Buffalo Creek, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective May 1, 2000 This permit and the authorization to discharge shall expire at midnight on April 30, 2005 Signed this day April 14. 2000 ORIGINAL SIGNED BY WILLIAM C. MILLS for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000155 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: Stoimwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements Section C: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements Permit No. NCSo00155 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000155 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 Permit No. NCS000155 SECTION C: LOCATION MAP 7 269 1-7-) V 1 �7 j k -7� Ns" \7 ,0 Q� pi 'o (7 k 5"V N- X-0 kz/ .6 G EN AUTOMOTIVE, 1 cc, ou 1:]Rl4 CARCAllu Sanford. JNc Topographic Location M3,, 1�7: 156�1 Part I PaLe 2 (11'2 Permit No. NCS000155 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: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 11 Page 1 of 5 Permit No. NCS000155 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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 team) responsible for implementing the. SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The commor elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 5 Permit No. NCS000155 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. i. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 5 Permit No. NCS000155 SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Oualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Location] Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of Part 11 Page 4 of 5 Permit No. NCS000155 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified in Table 3. Tat,ta 2 Annlvtical Monitoring_ Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units— , Measurement Sample Sample Frequencyl Ty e2 Location3 FT standard Quarterly- 0 year Grab SDO Oil and Grease to /l Quarterly- 0 year Grab SDO Total suspended Solids m I Quarterly- 4' year Grab SDO New Motor Oil Usage allons/month Quarterly- 4' year Estimate Total Flow4 MG Quarterly- 4`" year Grab SDO Footnotes: 1 Measurement Frequency: Once per quarter during the 4' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Tnhip A Monitorinp schedule Monitoring period Sample Number Start End Year 4 - I" quarter I May 1, 2003 July 31, 2003 Year 4 - 2° quarter 2 August 1, 2003 October 31, 2003 Year 4 - 3" quarter 3 November 1, 2003 January 31, 2004 Year 4 - 4"' quarter 4 February 1, 2004 April 30, 2004 Part 11 Page 5 of 5 Permit No. NCS000155 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, 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 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Part III Page I of 10 Pages Permit No. NCSOOO155 Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 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. 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. Part III Page 2 of 10 Pages Permit No. NCS000155 Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tamperine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual 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. 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 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be Part III Page 3 of 10 Pages Permit No. NCS000155 subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the Part III Page 4 of 10 Pages Permit No. NCS000155 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 Re1SSllance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. 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 individual permit condition. 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 individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate Part III Page 5 of 10 Pages Permit No. NCS000155 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. 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 III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. 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. Part III Page 6 of 10 Pages Permit No. NCS000155 >_. 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. 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 permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part III Page 7 of 10 Pages Permit No. NCS000155 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. 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 forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 8 of 10 Pages Permit No. NCS000155 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to'the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 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 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Chances 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 Pan 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Part III Page 9 of 10 Pages Permit No. NCS000155 b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 10 of 10 Pages Permit No. NCS000155 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H..0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable 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. Parts IV, V and VI Page I of 6 Permit No. NCS000155 (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. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. 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. 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. 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. Part VI Page 2 of 6 Pages Permit No. NCS000155 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharee of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Part VI Page 3 of 6 Pages Permit No. NCS000155 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table W (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. 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. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of Part VI Page 4 of 6 Pages Permit No. NCS000155 CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Sienificant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the averaee once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 5 of 6 Pages Permit No. NCS000155 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 6 of 6 Pages State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 7, 1994 Ms. Sandra Kennerly GKN Automotive Components Inc. 4901 Womack Rd. Sanford, NC 27330 Subject: Permit No. NCS000155 GKN Automotive Components, Inc. Lee County Dear Mr. Kenncrly: In accordance with your application for a stormwater discharge permit received on October 28, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the A4emorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447. Raleigh. North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable- Part II, 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 Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Steve Ulmer at telephone number 919/733-5083. Sincerely, Original Signed q9 Coleen H. Suilms A. Preston Howard, Jr, P. E. cc: Mr. Jim Patrick, EPA Raleigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportun"y Affirmative Action Ernp:3yer 51"61l1q,lad; 1316 PZf-co:Isumar pap�t h COPIES OF PERMIT ARE TO BE SENT TO THE FOLLOWING: SIGNED ORIGINAL TO THE APPLICANT SIGNED COPY TO CENTRAL FILES COPY TO REGIONAL OFFICE Copy To EPA COPY To P & E FILE COPY TO COMPLIANCE (NO BP) _ COPY TO WAKE COUNTY _ COPY TO MECKLENBURG COUNTY _ COPY TO ESB COPY TO TRAINING & CERT. (No BP) Permit No. NCS000155 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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. GKN Automotive Components, Inc. is hereby authorized to discharge stormwater from a facility located at GKN Automotive Components, Inc. 4901 Womack Road Sanford Lee County to receiving waters designated as Buffalo Creek, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, and IV hereof. This permit shall become effective December 1, 1994. This permit and the authorization to discharge shall expire at midnight on November 30, 1999. Signed this day November 7, 1994. A. Preston Howard, Jr., P.E.. Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000155 PERMITTED ACFIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NTPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 Permit No. NCS000155 , T �✓ '- � '1>` J \\)cpJ 1./-,r Di aCP l s _ •� \.l'JJ�r � �1 � � 1�-�_ �� \` `' _ _��'"� I ' � I j ��.:'-`R� �_ _ � _ice--. �\� �... North ,e r / J 35 D:: CH CUE 47 pl-i - - - colo,:aiw3;.•:._ "' G E N AUTOMOTfVE, INC. nae,a CAROEIUA oRrE Sanford. NC uaEusca s. ,99, Topographic Location Map zs wav am[s (toaxanon,c, SUa 1 : 14,000 Page 3 oNAL EN'\ IP.ON<fENTAL I ECHNOLOGIES ,, c. CONTOUR NMiVk . 10 FEET Permit No. NCS000155 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ECTION A• FINAL LIMITATIONS AND CONTROLS FOR STORMWATFR DISCHARGE During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plan The Pertrittee 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 II, Standard Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the.following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map),.showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II, Standard Conditions, Section B.9. Page 4 Permit No. NCS000155 b. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stornwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 Permit No. NCS000155 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. 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(s) assignments provided. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Minimum Monitoring and Reporting_ Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. 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. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 Permit No. NCS000155 with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part H, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part 1I, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges._ Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 7 Permit No. NCS000155 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes visual monitoring of stormwater samples. Specific monitoring requirements are defined below. Visual Monitoring: Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardiess of representative outfall status, for the purpose of evaluating the effectiveness of the Stonnwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fre uencvl Monitoring TYPKC2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: l Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stunnwater Discharge Outfall (SDO) Page 8 Permit No. NCS000155 SECTION B: SCHEDULE OF COMPLIANCE The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 1, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 9 Individual Stormwater Page Al PART II STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS SECTIONA7 DEFLNMONS 1. Act or "the Act' or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2. Best Management Practices (BNfPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Calculation of Means Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 4. Burk 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 having a total storage capacity of greater than 1,320 gallons. 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 6. Coat_ Pile Runoff The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 DEM or Division The Division of Environmental Management, Department of Environment, Health and Natural Resources. DirectoI The Director of the Division of Environmental Management, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Landfill A disposal facility or part of a disposal facility where waste 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. All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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 muting operations. The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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 A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table 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 311(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. Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Individual Stormwater Page A4 Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or -section 107ofCERCEA Mef: 40 CFR 302.4). "MMOMMISTY7772M Me The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Ciassification 5015 and 5093; Individual Stormwater Page A5 Steam electric power generating facilities, including coal handling sites; Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. . a I - The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. '. i1fiLTii7. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. ,, . a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. Composite Sample: a composite sample shall mean (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by waver, air,-gravity;•orimfroririis siteof origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 B- GENERAL CONDITION The permittee must comply with all conditions -of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. � The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. SeveraMity 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. 0 The perminee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The perminee shall also furnish to the Director upon request, copies of records required to be kept by this permit. Fvniratinn of Ppr it The perminee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. Sjynatoa Renuir m n c All applications, reports, or information submitted to the Director shall be signed and certified. All applications shall be signed as follows: p) 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 Individual Stormwater Page A10 principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding25 million -(in secondquarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. 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." M111104movefli Me The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page AI I - n � This 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. �ulw •• -.1414V• • u:M FORMORK632 •• yI• • �;• 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 the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. a. Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays to production. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice p) 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part E, E. 5. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dU weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Sets a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for . noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that . (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part 11, E. 5. (b) (B) of this permit. (4) The permittee complied with any remedial measures required [order Part II, A. 2. of this permit. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. yr• . • r •: . ; •:. Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. MNEEMG a. ---. 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 that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A14 methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and repotting level) approved method must be used. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permitter shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; The individual(s) who performed the analyses; e. The analytical techniques or methods used; and The results of such analyses. 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; Individual Stormwater Page A15 a. Enter upon the perminee'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. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Pan 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. 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- 4. Monitoring Reports Monitoring results shall be reported at the intervals speed elsewhere in this permit. 5. Twen -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 perminee became aware Individual Stormwater Page A16 of the circumstances. A written submission shall also be provided within 5 days of the time the perminee becomes aware of the Circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part H. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Pan IL E. 5. of this permit. 7. Other Information ','here the permittee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. 8. 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 Environmental Management As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.613 or in Section 309 of the Federal Act 9. 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. Individual Stormwater Page A]7 PART III LIMITATIONS REOPENER This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controls any pollutant not limited in the permit The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The perminee 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 :CAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.