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HomeMy WebLinkAboutNCS000299_APPLICATION_20110830-------STORMWATER-DIVISION-CODING SHEET --------"-- PERMIT NO. DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑i p YYYYMMDD Parnell, David From: Sent: To: Subject: Attachments: Good morning Mr. Parnell, Shawn_Anders@cargill.com Tuesday, August 30, 2011 11:22 AM Parnell, David Response Letter for non-compliance Storm Waterresponse. docx Please find attached the response letter in reference to the NCS000299 storm water petmit evaluation. I was waiting to send this out to ensure we had pulled our water samples. We are without printers due to water leaks from Irene. I do hope sending this via email is acceptable. If not please let me know and I will send to my house and print and mail to you. Thanks again for your assistance during our inspection. Shawn Anders Plant Manager Cargill Animal Nutrition Wilson, NC W - 252-243-4167 Ext 244 - Please note new extension Fax - 252-291-1109 'A Think Green — Consider the environment before printing this email. This email and any files transmitted with it may contain confidential and/or privileged material and is intended only for the person or entity to which it is addressed. If you are not the intended recipient, any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited. If you have received this email in error, please notify the sender immediately and delete this material from all known records ct RE: NPDES Permit NCS000299 — Evaluation Inspection Dear Mr. Parnell: This letter is in reference to the letter of non-compliance dated August 1, 2011 and outlines our corrective actions to the areas of non-compliance. 1. Qualitative Monitoring has not been done since May 17, 2010. A. Water samples have been sent to Microbac Laboratories for the March 1, 2011-August 31, 2011 periods. These samples were pulled on August 30, 2011 and have been dropped off at the lab with a rush request. 2. Please adhere to the monitoring schedule for a representative storm, found in Table 2 of your permit. A. The schedule of samples has been added to our maintenance data base program. Each month a new register is printed giving details of assignments throughout the month. This is also reviewed monthly to ensure compliance. 3. Other items noted; A. A documented list of significant spills for the last three years is required to be within the plan. (This will be placed in the back of the SPCCP binder and updated as required — Date to be completed — Sep 16, 2011) B. A general map USGS is required within the plan. (Will source a USGS map and place within the SPCCP binder — Date to be completed — Sep 16, 2011) C. The permit requires that a BMP summary be part of the SPPP. (We will ask assistance from our environmental group in Minneapolis to write the summary — Date to be completed — Sep 16, 2011). Upon the completion of the above items we will send an email update to Mr. Parnell with supporting documentation. We want to ensure we have a very solid Storm Water plan in place and that all requirements are being satisfied. We do appreciate Mr. Parnell's time and assistance during his visit to the plant. Please feel free to contact myself (Shawn Anders) at 252-243-4167 ext 244 with any questions or concerns. Sincerely, Shawn Anders Plant Manager Michael F. Easley, Governor 9 ww� -q �� T Mr. Cary Fleming Cargill, Inc. 2500 Wilco Blvd. Wilson, NC 27893 Dear Mr. Fleming: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 28, 2008 Subject: NPDES Permit Renewal Application Cargill, Inc. Permit Number NCS000299 Individual Stormwater Permit Wilson County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000299 on May 3, 2007. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6375, robert.patterson@ncmail.net. Sincerely, �f� Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Files Central Files NonhCarolina ,Naturally 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 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper �0F W ATFgQ Michael F. Easley, Governor YWilliam G. Ross Jr., Secretary (• North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Water Quality Section 1617 Mail Service Center Raleigh, NC 27699-1617 April 27, 2007 To: Gary `) k Fax: (252) 2$ "67— From: Aisha Lau Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 4 pages, including this cover sheet. Comments: Dear Gary, Following you should find a copy of the renewal information that you should have received in early September of last year. If you have any questions feel free to call me. Sincerely, t�4 Aisha H. Lau North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 IntemeC h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 NotthCarolina ,lVaturally Phone (919) 733-7015 Customer Service FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/AKrmative Action Employer— 50% Recycled/10% Post Consumer Paper SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit. (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a stone event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. 'Ar\�� PERMIT COVERAGE oQ< RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000299 Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DI V. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF VOURSTORN1WATER PERMIT NCS000299 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: CARGILL INCORPORATED Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: CARGILL INCORPORATED-NUTRENA FEEDS Facility Contact: Facility Address: 2500 WILCO BLVD WILSON, NC 27893 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: DUSTIN VARVIL Mailing Address: PO BOX 3899 WILSON, NC 27895 Phone Number: 2522434167 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: HOMINY SWAMP Stream Class: C SW NSW Basin: Sub -Basin #: 030407 Number of outfalls: CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Please return this completed renewal application form to: Date Individual Permit Renewal Attn: Ms. Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Title STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N. C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: CARGILL INCORPORATED-NUTRENA FEEDS Permit Number: NCS000299 Location Address: 2500 WILCO BLVD WILSON, NC 27893 County: WILSON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature Print or type name of person signing above Date Title SPPP Certification 2/99 1\! S COL- iTY/FRENHSE NUMEF:R FACILITY: �, � � Z�✓1 G , CITY: W ; /SO n PER = NLIVIBER O �GjCJ COUNTY: �SGvi Permit Information that Needs to be Incorporated into Future Permit Rerision:: DATE CON UMENTS i Matt F Kanz ' Carpi//. Plant Manager Cargill Animal Nutrition 2500Wilco Blvd zCCJ / Wilson, NC 27893 Tel 252-243-4167 x 244 Fax 252-291-1109 Cell 913-972-0544 matt kanz®cargill.com 0 Shawn An aCOS Assistant Plant Manager Cargill Animal Nutrition 2500 W/ico Blvd Wilson, NC 27893 ie1252-243-4167 x 239 Fax 252-291-1log Cell 919-221-0255 shawn anders®cargi8.com 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 September 8, 1999 RICHARD S. LAFRENZ CARGILL INC.- NUTRENA FEED P O BOX 3899 WI SON, NC 27895 A' 40 a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANb NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Cargill Inc: Nutrena Feed Permit Number NCS000299 Wilson County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000299. This permit expires on March 31, 2000. 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. The application form must be completed and returned along with all requested information by October 11, 1999 in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by October 11, 1999 may result in a civil assessment of at least $250.00. 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 $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. 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 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 October 14, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED DUSTIN VARVILL CARGILL INC.- NUTRENA FEED P O BOX 3899 WILSON, NC 27895 1 IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal Cargill Inc.- Nuuena Feed Permit Number NCS000299 Wilson County. Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000299. This permit will expire on March 31, 2000. North Carolina General Statute 143.215. 1 (c)-requires that an application for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent for this site on September 8, 1999. To date, no response has been received by the Division of Water Quality (DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to DWQ for renewal of your permit. Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by November 17, 1999 in order to assure continued coverage under the NPDES permit. Failure to request renewal by November 17, 1999 could result in a civil assessment of at least $250.00. 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 assessmccts of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578 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 o SENDER: a •Complete aeme 1 ando 2 for additional eeMM m scomplets Ito" 3, 4a, and 4b. m .Print yoo home and address on the 10"ree of Mle form so that we can retum this card to you. m CAdech Mie form to the hom of the aeilpleca, or on tte tuck a apace does hot ` s permit. rmit. tum Receipt Requested' on the meilpiece below the article ber. $ oThe Return Receipt will show to whom the ertide wea delivered and the date C : delNered. 0 4a. Artois Nt v� 3. Article Addressed to: - - - -- - --, - , Z LAC 5 4b. Service l 5 I also wish to twelve the l following services (for an extra fee): 8 1. ❑ Addressee's Address Z 2. ❑ Restdcted Delivery Consult postmaster for fee. - 1 NCS000299 1NCS66OZ90 [3 Registered o m DUSTIN VARVILL % ❑ Express Mail CARGILL INC.-NUTRENA FEED ❑peso Receiptfor Ml i P O BOX 3899 7. Date of Delivery WILSON, NC 27895 e. Addressee's Addle 5. R eiveQ By: ( Print Name) and fee is paid) � NQ g 6. Signature: Addressee or Agen i X m PS Form 3 1, D i ember 1994 102595-97-s-0179 ❑ Insured m ❑ COD F`ol of T `requested e m r� I 9tilestic Herurn rltl;;-Pr '� 1 W ATF9 0 -i Y Mr. Matt Kanz Cargill, Inc. 2500 Wilco Blvd. Wilson, NC 27893 Dear Mr. Kanz: 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen HSullins\Director _ Division of Water Quality Dccember'18, 2008 t -n Vt r1 Cl�; DEG � 9 � 13 -� DEC�F R� 1.G� i Subject: Draft NPDES Stormwater Permit Permit No. NCS000299 Cargill, Inc. - Wilson 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. All analytical monitoring parameters have been continued from the previous permit term. Monitoring for total nitrogen has been added to this permit since it is in a nutrient sensitive watershed. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility -shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan'within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. 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 analyticalNorthCarolinn and qualitative monitoring This requirement appears in all Individual Stormwater permits. however it11atInlal/ll North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.encstzte.nc.us 512 N. Salisbury St. - Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal OpportunitylAffrmative Action Employer- 50% Recydedl10% Post Consumer Paper Mr. Matt Kanz Cargill, Inc. Permit No. NCS000299 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 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 requirementsforthe 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 c6rnments 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 me at (919) 507-6375 or robe rt.pa tterson@ncma il.net cc: Raleigh Regional Office, Mitch Hayes Stormwater Permitting Unit Attachments Sincerely, � J� Robert D. Patterson, PE - Environmental Engineer Stormwater Permitting Unit 2 Ll ® NCS000299 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 v In compliance with the provisions of North Carolina Gener Statute 43-215.1, other lawful standards and regulations promulgated and adopted by,thce 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 Cargill, Inc. 500 Wilco Blvd. Wilson; NC Wilson County to receiving waters designated as Contentnea Creek, a class C; Sw, NSW stream in the Neuse 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 shalt become effective March 1, 2009. This permit and the authorization to discharge shall expire at midnight on February 28, 2014. Signed this 9`h day of February, 2009. for Coleen H. Sullins Director. Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000299 PART Section A: Section B: Section C: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location I PART II MONITOREN DISCHARGE Section A: Stormwati Section B: Analytical Section C: Qualitativ Section D: On -Site V PART III STANDARD PERMITS PERMITTED :R INDIVIDUAL 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. NCS000299 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�� I. Representative Sampling 2. Recording Results } 3. Flow Measurements 4. Test Procedures ,.f /� 5. Representative Outfall` f 6. Records Ret` tiod;, 7. Inspectionss ,Entry/ Section E: Reporting Requtrem nts 1. Discharge- onitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000299 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 CPR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing;too 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 Until this permit expires or is modified oc 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.'smface 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 ®. ® Permit No. NCS000299 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.followin& (a) A general location map (USGS quad rangle..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%£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 parameters) of concerri;are. North Carolina's 303(d) List can be found here: http://h2o.enr.state:nc.us/trndI/GeneraI 303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial.activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (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 II Page 1 of 10 SECTION C: LOCATION MAP • •ermit No. NCS000299 NCS000299 11 Cargill, Inc. 4 Latitude: 35' 41' 75' N Longitude: 77" 55' 09" W County: t'iilsen Re--ei ina Stream: Contentnea Creek Stream dass:'C; Sw, NSW Sub -basin: 03-04-47 (Neuse River Basing f Facility Location Part I Page 2 of 2 ® ® Permit No. NCS000299 (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: Al (a) Feasibility Study. A review of the tei the methods of operations and/or stor of materials and processes to stormw prevent exposure of all storage areas, manufacturing or fueling operations.' not practical, the stormwater manage diverting the stormwater runoff away I and"economic feasibility of changing �achces to eliminate or reduce exposure Wherever practical, the permittee shall ial.handling operations, and 'as where elimination of exposure is )]an shall document the feasibility of areas of potential contamination. (b) Secondary ContainmenkRequireme to s and Records. Secondary containment is required for: bulk'storage of liquid materials-, storage in any amount of Section 313 of Title III of the-Superftind Amendments and Reauthorization Act (SARA) water priority chemicals;,and storage in any amount of hazardous substances, in order to prevent leaks `'d spills from contaminating stormwater runoff. A table or summary of all -such tanks and stored materials and their associated secondary containment areas -shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Pale 2 of 10 0 'Rermit No. NCS000299 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. H Preventative Maintenance and Good House maintenance and good housekeeping progn ,all stormwater control systems, stormwater ,/ surface waters and wetlands, industrial acti material handling areas, disposal areas, haul roads), all drainage features and st program shall establish schedules of in s activities of stormwater control system, facility systems that present a potential Inspection of material handling areas ai be incorporated into the prcgr: inspections, maintenance, and in the SPPP. % i ed. The program shall list all on -site and adjacent (including material storage areas, ,.loading and unloading areas, and existing structural BMPs. The and housekeeping is well as facility equipment, facility areas, and o-stormwater exposure or stormwater pollution. regular cleaning schedules of these areas shall compliance with the established schedules for ng shall be recorded in writing and maintained 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. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 Permit No. NCS000299 5. Bvoass 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. f f /� 1_// S. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water\Quality, the.pe'rmit issuing authority. 10. EMC The North Carolina Environmental MahaGement 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 31 1 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 stomt 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. NCS000299 a 17 in 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 not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater Z> 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 [o waters of the state. i �__4 \"/ 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 foc.1hours without producing any collectable discharge, and then stops, a sample may be collected 'i farain producing a discharge begins again within the next 10 hours. Representative Outfall Status ,,- i� When it is established that, 4he 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. 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. 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 Tide 111, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part V I Page 3 of 5 Pages El Permit No. NCS000299 (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the C WA 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 f, by delays in production. J �_ \ ;T 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials�such;as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section,101(14)`of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title 111 ofSARA: fertilizers; pesticides; and waste products such as ashes, sland sludge that have the potential to berelease agd.with stormwater discharges. 26. Significant Spills llus, 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 Activitv 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. NCS000299 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. Thebean 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 Clear Water Act. 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with .,, technology based permit effluen't'limilations 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. J( 35. Vehicle Maintenance Ac[ivi[v Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages ® ® Permit No. NCS000299 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`;0 days,,separating inspection dates (unless performed more frequently thanlsem%annually); days, These facility inspections Ir are different from, and in addition to, the stornwater discharge characteristic monitoring ,required in Part 11 B and C of this permit. 9. Implementation. The permittee shall shall include documentation of all in activities, and training provided to ei of actions taken to implement BMPs vehicle maintenance act vitie,sxSuct five years and made available. } the immediately upon request. mtihe",Plan. Implementation of the Plan s ;, measurements, inspections, maintenance (including the log of the sampling data and ed with the industrial activities, including !ntation shall be kept on -site for a period of or the Director's authorized representative Part I I Page 4 of 10 01 'Permit No. NCS000299 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 Requiremen Discharge Measurement Frequencyl Sample Sample Characteristics Units Type2 Location3 TSS (Total Suspended Solids) mg/L "semi-annual Grab SDO Total Phosphorous mg/L . ,% %( semi-annual Grab SDO Total Nitrogen mg/L� + s �� emi-annual Grab SDO BOD; (Biological Oxygen > �� mg/L A f� semi-annual Grab SDO Demand, 5-day) ; COD (Chemical Oxygen ( i, mg/L semi-annual Grab SDO Demand) < H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual ain Gauge Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 Permit No. NCS000299 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class I I 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 111. Section C of this permit regarding bypassing of stor nwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be coy the permittee from any responsibilities, liabil under NCGS 143-215.75 et seq. or Section 31 6. Property Rights The issuance of this indivi property, or any exclusive personal rights, nor any in 7. Severability e institution of any legal action or relieve vhich the permittee is or may be subject to 33 USC 1321. onvey any property rights in either real or personal authorize any injury to private property or any invasion of State or local laws or regulations. 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 III Page 2 of 8 0 4permit No. NCS000299 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 a: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration da authorization to discharge beyond the expiration date, the permitie required by the agency authorized to issue permits no later than>18 7 //N permittee that has not requested renewal at least 180 days prior to have a permit after the expiration and has not requested ene'wal at subjected to enforcement procedures as provided in NCGS § 143-2 Transfers This permit is not transferable to any Director may require modification or incorporate such other requirements required to notify the Division iri H Sienatory Requirements All applications, reports, a. All applications to/In order to receive automatic shall submit forms and fees as are O'days prior to the expiration date. Any i expiation, or any permittee that does not least-180 days prior to expiration, wiiI be 153.6 and 33 USC 1251 et. seq notice to and approval by the Director. The uance of the permit to change the name and under the Clean Water Act. The Perm ittee is ing in the event 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) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part I I I Page 3 of 8 0 Permit No. NCS000299 4. responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. 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 imprisonm nt tb;hnowing violations." The issuance of this individual permit does not individual permit, revoking and reissuing the it allowed by the laws, rules, and regulations cone and 123; Title 15A of the North Carolina Ache General Statute 143-215.1 et al. , 4 5. Permit Actions The permit may be modified„revok changes or anticipated noneIompliat �l SECTION C: OPERATION AND MAIN 1. Proper Operation and Maintenance t r from reopening and modifying the or terminating the individual permit as , Code of Federal Regulations, Parts 122 Subchapter 2H .0100; and North Carolina or terminated for cause. The notification of planned not stay any individual permit condition. E OF POLLUTION CONTROLS 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. Bwassing 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 PartIII Page 4 of 8 0 Permit No. NCS000299 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering -judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Samnlin_ Samples collected and measurements taken, as required herein;/shall b6,chdracteristic ofthe 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 chanced without notification to and approval of the Director.. �`"\, �/ Recording Results For each measurement, sample,Jnspection or maintenance activity performed or collected pursuant to the requirements of this individual p emit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; k b. The individual(§) who:peffot7rted 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. PartIII Page 5 of 8 Permit No. NCS000299 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 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 1? extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an'a6thor'ized representative (including an authorized contractor acting as a representative of the Director), o r 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 kkeept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; - C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the, six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T I5A 0213 .0506- PartIII Page 6 of 8 Permit No. NCS000299 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submittinc 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 Act, 33 USC 1318, all reports prepared in accordance with t at the offices of the Division of Water Quality. As required considered confidential. Knowingly making any false -stater imposition of criminal penalties as provided for in'.NCGS-l� 4. Non-Stormwater Discharges =2 1 5.3(a)(2)'br Section 308 of the Federal terms shall be available for public inspection the Act, analytical data shall not be t on any such report may result in the >--19.61]1 or in Section 309 of the Federal Act. If the storm event monitored in accordance`,with'dhis 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 Chances The permittee shall give ootice-to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification. requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reportinc The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000299 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2 Mnnitnrino Schedule Monitoring period"" Sample Number Start End Year 1 — Period 1 1 March 1, 2009 August 31, 2009 Year 1 —Period 2 2 September 1, 2009 February 28, 2009 Year 2 —Period 1 3 March 1, 2010 August 31, 2010 Year 2 — Period 2 4 September 1, 2010 February 28, 2010 Year 3 —Period 1 5 March 1,1201.1` August31, 2011 Year 3 — Period 2 6 September , 201-1 y February 29, 2012 Year 4 —Period 1 7 March%,K 2612 `j' August 31, 2012 Year 4 — Period 2 8 September 1, 2012 February 28, 2013 Year 5 — Period 1 9 ,Marchd 2013 August 31, 2013 Year 5 —Period 2 10 /,September 1, 2013 February 28, 2014 Footnotes: I Maintain semi-annual monitoring during monitoring until the renewed permit is is 2 If no discharge occurs during the samplii Flow" within 30 days of the end of the si The applicant must continue semi-annual ermittee must submit a monitoring report indicating "No ing period. The permittee shall report the analyticahresults from the first sample with valid results within the monitoring period. The permittee shallcomparemonitoring results to the benchmark values in Table 3. The benchmark values-in'Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Tnhle 3_ Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark TSS (Total Suspended Solids) mg/L 100 Total Phosphorous mg/L 2 Total Nitrogen mg/L 30 BOD; (Biological Oxygen Demand, 5-day) mg/L 30 COD (Chemical Oxygen Demand) mg/L 120 PH standard 6-9 Part II Page 6 of 10 • *ermit No. NCS000299 Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark for any parameter at any outfall: Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the concentrations to within the benchmark range. or to bring 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 price, the inspection date, the personnel conducting the inspection, the selected,actions, and the date the selected actions were implemented. f Tier Two If: During the term of this permit the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive): Then: The permittee shall: l . 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. NCS000299 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 monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to individual permit or in any report to the Director, it 24 hour reporting at the time avant facts in an application for an submit such facts or information. PartI I I Page 8 of 8 0 NCS000299 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 perntittee must pay the administering and compliar the Division. Failure to pay the fee ir,jiinely manner in Division to initiate action to revoke the.lndividual Peru Act See Clean Water Act. 2. Arithmetic Mean other requirements in the MONITORING FEE g fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this PART.VI 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 1 of Permit No. NCS000299 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. �v7 New Facilities applying for coverage for the first time applying for renewal under this permit The Stormwat implemented prior to the beginning of discharges frorr updated thereafter on an annual basis. Secondary com 2(b) of this permit shall be accomplished prior to-thelt industrial activity. 2. Duty to Comply facilities -previously permitted and revention Plan shall be developed and i of the industrial activity and be pecified in Part 11, Section A, Paragraph lischarges from the operation of the The permittee must comply with all_'cor ditions,of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for enforcement action; for permit f � termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. /itt7 )v v/ a. The permittee shall�comply,wiith standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. - The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates 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: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part II I Page I of 8 Permit No. NCS000299 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 l Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m /l 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 I semi-annual,%j Estimate Footnotes: I Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. The the renewed permit is issued. See Table 2 for schedule of to cycle. f 2 If the stormwater runoff is controlled by a pond shall be collected within the firsh30 3 Sample Location: Samples shall be stormwater runoff from area(s) whe11 4 For each sampled repr gauge reading must be of ve storm event; for`each year until either another ,r rescindedd]lf ai the end of this permitting cycle iewal.petmit before the submittal deadline, the plicant must continue semi-annual monitoring until tori6'g.penods through the end of this permitting t pond a grab sample of the discharge from the from the pond. water discharge outfall (SDO) that discharges activities occur. the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. 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 ® Oermit No. NCS000299 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. i ppn� /i Table 4. Qualitative onitoring Re uirements�`i Discharge Characteristics Frequencyt Monttortn9 , Location2 Color semi-annual �\SDO Odor SDO semi-annuali/y Clarity semi-annual �% )J SDO Floating Solids semi.annuali ; SDO Suspended. Solids 'semi-annual, SDO Foam ,ysemi-annual SDO Oil Sheen semirannual SDO Erosion or deposition at the -_.smi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution 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 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 Part II Page 9 of 10 ® ® Permit No. NCS000299 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: • require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other • require that the permittee implement site Exclusion. measures; or alify for the No Exposure Part I I Page 8 of 10 NCS000299 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'Ler Statu 43-215.1, other lawful standards and regulations promulgated and adopted by -the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is hereby authori2ed to;discharge stormwater from a facility located at %Cargill, Inc. 500 Wilco Blvd. Wilson, NC Wilson County to receiving waters designated as a UT of Contentnea Creek, a class C; Sw, NSW stream in the Neuse River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective March 1, 2009. This permit and the authorization to discharge shall expire at midnight on February 28, 2014. Signed this 91h day of February, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Locatior PART II MONITOR] DISCHARC Section A: Stormw; Section B: Analytic Section C: Qualitai Section D: On -Site Permit No. NCS000299 I PERMITTED 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. NCS000299 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. Representative Sampling (\ 2. Recording Results 3: Flow Measurements 4. Test Procedures J/10��/ 5. Representative Outf.11 6. Records RetenttonI 7. Inspection and,EntryIle— Section E: Reporting Requirements� d F 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. NCS000299 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 exposu under a valid NPDES stormwater permit; and must every five (5) years. SECTION B: PERMITTED ACTI dons unless authorized to discharge r forthe'No Exposure Exclusion once Until this permit expires or is modified"or'ievoked; 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 dischaige_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. PartI Page I oft SECTION C: LOCATION MAP Permit No. NCS000299 NCS000299 N y Cargill, Inc. Latitude: 350 41' 25" N Longitude: 77' 55 09" W County: Wficn Re.eivino Sueam: Contentnea Creek Stream Class: C; Sw, N%,' Sub-Ea3in: 03-04-07 (Meuse River Basin) woo Facility Location Part I Page 2 of 2 Permit No. NCS000299 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 potential pollutant sources which, may be expected stormwater discharges. The site plan shall contain (a) A general location map (USGS q equivalent map), showing the fac routes and surface waters, the nay stormwater outfall(s) di: storm sewer system, the waters, and accurate lati general location m p,(ot ti � receiving water is impai located in a orate parameter(s) of c North Carolina's http://h2o.enr si North Carolina T al facility and the to contamination of, or appropriately drafted in relation to transportation ✓ing water(s) to which the irge is to a municipal separate ty and the ultimate receiving longitude of the point(s) of discharge. The ively the site map) shall identify whether each the state's 303(d) list of impaired waters) or is h a TMDL has been established, and what the List can be found here: c.us/tmdl/Geneyral 303d.h tm#Downloads documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (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 II Paae I of 10 Permit No. NCS000299 (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. 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 te( the methods of operations and/or stor of materials and processes to stormw, prevent exposure of all storage areas, manufacturing or fueling ope not practical, the stormwater diverting the stormwater run (b) Secondary Cor required for: b 313 of Title III water priority c order to prever' or summary of feasibility of changing late or reduce exposure :al, the permittee shall -ial,handling operations, and �as�where elimination of exposure is )]an shall document the feasibility of areas of potential contamination. and Records. Secondary containment is Ik'stoiage of liquid materials; storage in any amount of Section f the-Superfund Amendments and Reauthorization Act (SARA) emicals;,and storage in any amount of hazardous substances, in leaks and spills from contaminating stormwater runoff. A table ll.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 I I Page 2 of 10 Permit No. NCS000299 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 House maintenance and good housekeeping progn all stormwater control systems, stormwater surface waters and wetlands. industrial acti material handling areas, disposal areas, pro haul roads), all drainage features and strucf program shall establish schedules ofiuspec activities of stormwater control systems,as facility systems that pre Inspection of material h be incorporated into the inspections, maintenanc in the SPPP. all'Ke developed. The program shall list large outfalls, all on -site and adjacent reas (including material storage areas, .reas„loading and unloading areas, and and'existing structural BMPs. The maintenance, and housekeeping as facility equipment, facility areas, and water exposure or stormwater pollution. 9liug,ar`eas and regular cleaning schedules of these areas shall ograma Timely compliance with the established schedules for and housekeeping shall be recorded in writing and maintained Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part 11 Page 3 of 10 Permit No. NCS000299 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the�year (January to June), and once during the second half (July to December), with, t least`60 days,separating inspection dates (unless performed more frequently than semi-annually). Ahese facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. e \\\ 9. Implementation. The permittee shall implement thesPlan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employeesjmcluding the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activiti s�Sbch�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. PartI I Page 4 of 10 Permit No. NCS000299 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. f., `// Table 1. Analytical Mon toring Re mremen Discharge Measurement Frequency Sample Sample Characteristics Units Type2 Location3 TSS (Total Suspended Solids) m /L sem annual Grab SDO Total Phosphorous m /L jr A semi-annual Grab SDO Total Nitrogen ; m L'� Grab SDO BOD5 (Biological Oxygen �`� }semi-annual �/ /f�� semi-annual Grab SDO Demand, 5-day) COD (Chemical Oxygen L� m semi-annual Grab SDO Demand) V /� PH standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 5 of 10 Permit No. NCS000299 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring periodL2 Sample Number Start End Year 1 — Period 1 1 March 1, 2009 August 31, 2009 Year 1 — Period 2 2 September 1, 2009 February 28, 2009 Year 2 —Period 1 3 March 1, 2010 August 31, 2010 Year 2 — Period 2 4 September 1, 2010 February 28, 2010 Year') —Period 1 5 March 1,•20.1i' August 31, 2011 Year 3 — Period 2 6 Septe:r Ibe`r;1, -2011 , February 29, 2012 Year 4 —Period 1 7 March',Y, 2012 f August 31, 2012 Year 4 — Period 2 8 September 1, 2012 February 28, 2013 Year 5 — Period 1 9 .Marc,W-1,20L3 August 31, 2013 Year 5 — Period 2 10 /September"1, 2013 February 28, 2014 Footnotes: 1 Maintain semi-annual monitoring during monitoring until the renewed permit,is is 2 If no discharge occurs during the samplit Flow" within 30 days of the end of the si The permittee shall report t monitoring period. The pet Table 3. The benchmark v the petmittee's Stormwater The applicant must continue semi-annual ittee must submit a monitoring report indicating "No period. :al,results from the first sample with valid results within the Lll/compare monitoring results to the benchmark values in able 3 are not permit limits but should be used as guidelines for Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark TSS (Total Suspended Solids) mg/L 100 Total Phosphorous mg/L 2 Total Nitrogen mg/L 30 BOD; (Biological Oxygen Demand, 5-day) mg/L 30 COD (Chemical Oxygen Demand) mg/L 120 pH standard 6-9 Part I I Page 6 of 10 Permit No. NCS000299 Tier One If: The first valid sampling results arc above a benchmark value, or outside of the benchmark ran =e, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the paramed re s of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two me 5. Record each instance of a Tier One resnonse-ii Include the date and value of the conducting the inspection, the implemented. Tier Two the inspection. Pollution Prevention Plan. 11 ence, the inspection date, the personnel the date the selected actions were If: During the term of this permit; the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row Then: The permittee shall: l . 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. NCS000299 During the term of this permit, if the valid sampling results -required for the permitmonitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: • require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to�qualify for the No Exposure Exclusion. PartII Page 8 of 10 Permit No. NCS000299 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP Table 4. Qualitative onitoring Requirement," L� j Discharge Characteristics Frequencyl Monitoring , Location2 Color semi-annual SDO Odor semi-annual � o \_SDO Clarity semi-annual SDO Floating Solids F serm-annual, y SDO Suspended Solids `1semi annual, SDO Foam , semi-annual SDO Oil Sheen = I seminnual SDO Erosion or deposition at the `serm �-annual SDO outfall - Other obvious indicators semi-annual SDO of stormwater pollution Footnotes 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 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 Part 11 Page 9 of 10 Permit No. NCS000299 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 yl Sample TV e2.- Sample , Location3 H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual. Grab' SDO Total Rainfa114 inches I semi-annual I Rain gauge New Motor Oil Usaget gallons/month I semi-annual//l Estimate Footnotes: 1 Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. The the renewed permit is issued. See Table 2 for schedule of an cycle. I/ 2 If the stormwater runoff is controlled by a pond shall be collected within the first 30 3 Sample Location: Samples shall be stormwater runoff from area(s) whe 4 For each sampled repr gauge reading must be v nt; fo each year until either another d If -at the end of this permitting cycle nit before the submittal deadline, the st continue semi-annual monitoring until iods through the end of this permitting i pond a grab sample of the discharge from the from the pond. water discharge outfall (SDO) that discharges activities occur. _ the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the pennittee 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 PartI I Page 10 of 10 Permit No. NCS000299 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. /n / New Facilities applying for coverage for the first time and existing,facilitieg�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�beeggJinn\ing:of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with alfconditions.(��of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for enforcement action; for permit ram^---1 termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall complywith standards or prohibitions established under section 307(a) of the Clean Water Act for toxic, pol I utants 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: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, .. 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed PartI I I Page 1 of 8 Permit No. NCS000299 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class I I 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 Liabilitv 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. /j `j_- � b 5. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be cot the permittee from any responsibilities, liabil under NCGS 143-215.75 et seq. or Section 31 6. Propertv Rights The issuance of this indivi property, or any exclusive personal rights, nor any in 7. Severability institution of any legal action or relieve ihich the permittee is or may be subject to 33 USC 1321. anvey any property rights in either real or personal authorize any injury to private property or any invasion of State or local laws or regulations. 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 III Page 2 of 8 Permit No. NCS000299 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 2. Individual Permit Expiration The permittee is not authorized to discharge after the expiration da authorization to discharge beyond the expiration date, the permitte required by the agency authorized to issue permits no later,tha 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 NCGS, 143-2 Transfers This permit is not transferable to any Director may require modification or incorporate such other requirementst required to notify the Divtsron,m N Signatory Requirements All applications, reports, or',i` a. All applications ))\tobe teln order to receive automatic ;shall submit forms and fees as are Tdays prior to the expiration date. Any ^xpiration, or any permittee that does not least,] 80 days prior to expiration, will be 153.6 and 33 USC 1251 et. seq. E'after'6otice to and approval by the Director. The d resuance of the permit to change the name and essary under the Clean Water Act. The Permittee is event 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) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,superintendent, a position of equivalent PartI II Page 3 of 8 Permit No. NCS000299 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. 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, ncluding the possibility of fines and imprisonment fotknowing violations." III The issuance of this individual permit does not prohibitte Director from reopening and modifying the individual permit, revoking and reissuing the individual penniplor terminating the individual permit as allowed by the laws, rules, and regulations contained1n 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, reZ3Le8and'reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance) does not stay any individual permit condition. / f rY 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. 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 Part I II Page 4 of 8 Permit No. NCS000299 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required'hereinshall be'chdracteristic of the volume and nature of the permitted discharge. Analytical sampling,s4all'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. t 2. Recording Results For each measurement, sampl� spection or maintenance activity performed or collected pursuant to the requirements of this individual pe�mi[ the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; /1 b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part I I I Page 5 of 8 Permit No. NCS000299 0 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall.status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at Pollution Prevention Plan. Copies of analytical monitoring result: permittee shall retain records of all monitoring information; inclut records and all original strip chart recordings for continuous morn l 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 tcility along with the Stormwater I also be maintained on -site. The ll calibration and maintenance orin-insVumentation, 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`author izerepresentative 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 permitt�\ ms where a regulated facility or activity is located or conducted, or where records/must be kept under the conditions of this individual permit;11 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 Monitorine Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B-.0506. Part II I Page 6 of 8 Permit No. NCS000299 2. 4. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2)ror 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 inNCG§A43'215.6B or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordancetwith'.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 infoimation,with the stormwater discharge monitoring report. 5. . Planned Changes W 8. 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). 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. Bvpass 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. 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 front PartIll Page 7 of 8 Permit No. NCS000299 a ILI 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 monitoring reports are submitted. - Other Information Where the permittee becomes aware that it failed to individual permit or in any report to the Director, it 24 hour reporting at the time facts in an application for an it such facts or information. Part III Page 8 of 8 NCS000299 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 complian the Division. Failure to pay the fee in timely manner in Division to initiate action to revoke the,lndividual Pern Act See Clean Water Act. 2. Arithmetic Mean other requirements in the MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .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. 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 aprocess, activity, or physical structure. - Parts IV, V and VI Page I of Permit No. NCS000299 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 USC 1251, et. seq. 8. Division or DWG The Division of Water Quality, Department of 9. Director The Director of the Division 10. EMC The North Carolina 11. Grab Sample (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. 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 S, stem 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 al I 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. NCS000299 IM 17. 18. in 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.Stotmwater 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 not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater / Any discernible, confined and discrete conveyance including, bufnot.specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which'slormwater i jor may be discharged to waters of the state. � -' � � Representative Storm Event A storm event that measures greater than 0.1 inches of �ainfalfand 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.1hours without producing any collectable discharge, and then stops, a sample may be collecte�d'if a rain producing -a discharge begins again within the next 10 hours. Representative Outfall Status���\\\/, When it is established that, the scharge 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. Rinse Water Dischan4e 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. 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 Prioritv Chemical A chemical or chemical category which a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one'of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000299 (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 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. 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.. S r1 25. Sienificant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic i 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 111 ofSARA"fertilizers; pesticides; and waste products such as ashes, 11 slag and sludge that have the potential to`b 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 A`ti(Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 34.4). 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. NCS000299 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. TherClean Water Act, Section 303, establishes the water quality standards and TMDL programs. ,/> �_ \ 17 33. . Toxic Pollutant 34. 35. 36. 37 Any pollutant listed as toxic under Section Upset Act. Means an exceptional incident in which there isunintentionaland temporary noncompliance with X. technology based permit efflue Hinnitaions 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 Lr r \ maintenance, or careless or improper operation. 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 6a� W ATFjMichael F. Easley, Governor - William G. Ross Jr., Secretary h 7 North Carolina Department of Environment and Natural Resources r October 28, 2008 Mr. Cary Fleming Cargill, Inc. 2500 Wilco Blvd. Wilson, NC 27893 Coleen H. Sullins, Director Division of Water Quality --r � �F c FS 11, E� � OCT 302008 1 DENR RALEIGH KGIC;:,':L OFFICE Subject: NPDES Permit Renewal Application Cargill, Inc. Permit Number NCS000299 Individual Stormwater Permit Wilson County Dear Mr. Fleming: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000299 on May 3, 2007. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6375, robert.patterson@ncmail.net. Sincerely, — Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Files Central Files NonhCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.encstale.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 \o�OFWATFRpG co September 5, 2006 CARGILL INCORPORATED-NUTRENA FEEDS ATTN: DUSTIN VARVIL, OR SUCCESSOR PO BOX 3899 WILSON, NC 27895 Dear Permittee: C•^ '~ ® Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of -Water Quality - : a i 11 SEP - 6 20W l� P':"P RALEM REGIONAL OFFICE Subject: NPDES Stormwater Permit Renewal Cargill Incorporated-Nutrena Feeds Permit Number NCS000299 Wilson County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000299. This permit expires on April 30, 2007. 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 supplemental 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 November 3, 2006 in order for the permit to be renewed by April 30, 2007. Failure to request renewal by November 3, 2006 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 Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, f32n�C�� !- 5114 '-�— Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files (11a1 igli RegionsI---1 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www.ncwatemuality ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l 0% Post Consumer Paper N�am�`n Carolina Natural!# Customer Service 1-877-623-6748 0 2 Review of NCS000299 analytical data. Parameter Benchmark Outfall #1 Outfall #2 Outfall #3 Units Date Sample Taken 11/2/99 11/2/99 11/2/99 Total Flow 0.0063 0.0076 0.0013 MG BOD5 30 x= 48 4 ,' ' 00 ' 131 m /1 COD 120 1 "g 1280 q309 mqjl H 6-9 ' w :86 r=; 5 96 7 su Phos horous 2 1.47 � � ti15.6 J m /1 TSS 100 k< 235 n _ ' 598 45 m /I Review of the above data showed that the highlighted parameters occurred at levels of concern. Since each of the pollutants listed can come into contact with stormwater due to operations at the site it is my recommendation that they again be monitored for in the next permitting cycle. Because there was only one sampling event to look at, instead of the required 5 events, the permittee will be required to monitor annually for the first 3 years of the next permit term, and quarterly in the second to the last year of the permit. ® 0 NCS000299 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 Genec" al Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal WaterlPollution Control Act, as amended, Cargill is hereby authorized to discharge stormwaien fromra facility located at sNutrena Feeds �1 500 Wilco Blvd. Wilson, NC Wilson County to receiving waters designated as Hominy Swamp, a class C SW NSW stream, in the Neuse 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, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day April 12, 2002. for Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality By the Authority of the Environmental Management Commission ® ® Permit No. NCS000299 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 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 ® ® Permit No. NCS000299 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 L_J ® Permit No. NCS000299 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. NCS000299 SECTION C: LOCATION MAP T � •'y kf' "i 151: -`, , -h. _ ,� .� 4 ,U /. _1'a• aegis Tox}es r 4 r { r.Crre ♦ 'ur / I t t ,'�-1��7>(r$q-�'�aggg ` r l : Y (ll 1 1JFtPpya i ` - l `� ii � 1 � PQ z S1 � I ♦ I � '�p}�<,' .� •• ��� / "t ,Z Jll V 1 ;.i ♦ \ ate" Ne_\ ..QJ i J }`6 ,q ���i Wiggins Mill 'NCS0002 spa III ' fNut ena Fe dsg), I�.• 1 %ova n.! •l /: \ J/: Y�-- `.�'^ �, w�✓+..> '�.� \rrrf. I a[. �,, "'� .d---. �.�1 - � I l.t_ �\v sJ� :`. t � r Cem IV Part I Page 2 of 2 0 ® Permit No. NCS000299 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude. of the point(s) of discharge. (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. (c) 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 management plan, at a minimum, shall incorporate the following: Part 11 Page 1 of 6 ® ® Permit No. NCS000299 (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 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 program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Part 11 Page 2 of 6 ® Permit No. NCS000299 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. 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 II 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 tI Page 3 of 6 El 0 Permit No. NCS000299 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements yea"DtscFiarge iement Fieucy Sama'p-l.e "Characteristics .a'tw ' Ee_ ; .,'" 3 �Sq.am�` BOD5 mg/I Annually year 11 21 3 Grab SDO Quarterly year 4 COD mg/1 Annually year 1, 21 3 Grab SDO Quarterlyyear 4 Total Phosphorous mg/l Annually year I, 2, 3 Grab SDO Quarterly year 4 TSS mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 pH su Annually year 1, 213 Grab SDO Quarterly year 4 Total Rainfall4 inches Annually year 1, 2, 3 Quarterly year 4 Event Duration4 minutes Annually year 1, 2, 3 Quarterly ear 4 Total Flow4 MG Annually year I, 2, 3 SDO Quarterly year 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each 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) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (3) 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. Part II Page 4 of 6 0 0 Permit No. NCS000299 Table 2 Monitoring schedule :' S .peno mam Number"! S•„_ EndMondortg=" Year I 1 May 1, 2002 April 30, 2003 Year 2 2 May 1, 2003 April 30, 2004 Year 3 3 May 1, 2004 April 30, 2005 Year 4 - I" quarter 4 May 1, 2005 July 31, 2005 Year 4 - 2" quarter 5 August 1, 2005 October 31, 2005 Year 4 - 3" quarter 6 November 1, 2005 January 31, 2006 Year 4 - 4ih quarter 7 February 1, 2006 April 30, 2006 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 below in Table 3. 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 stonmwater 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 3. Qualitative Monitoring Requirements Discharge Characteristics' y Frequency _Loca"tion Momtormgt 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 Part 11 Page 5 of 6 0 ® Permit No. NCS000299 Footnotes: 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 4. 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 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified in Table 2 (Part H, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance llischarge'Characterishc9 esuement Smz ple% pleUntsR r; Z� 4 eyrgnl Tp ta +.m Locatton3 f y pH standard Annually year 1, 2, 3 Grab SDO Quarterly year 4 Oil and Grease mg/1. Annually year 1, 213 Grab SDO Quarterly year 4 Total Suspended Solids mg/l Annually year 1, 21 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month Annually year 1, 2, 3 Estimate Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each 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. 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. Part 11 Page 6 of 6 ® ® Permit No. NCS000299 PART III STANDARD CONDITIONS FOR NPDES STORNIWATER 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: 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 IL 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 $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] 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 $ l I,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page I of 8 Pages ® Permit No. NCS000299 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. Civil and Criminal Liabilitv 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, 143-215.6B, 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. 5. 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 Tamoerine 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. l0. 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 Part III Page 2 of 8 Pages C] ® Permit No. NCS000299 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 L 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 subndt 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 I80 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. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. ' Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) 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; (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 Part III Page 3 of 8 Pages n U ® Permit No. NCS000299 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 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 Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and 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 Part ❑1 Page 4 of 8 Pages ® Permit No. NCS000299 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 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. 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. Part III Page 5 of 8 Pages E ® Permit No. NCS000299 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 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. 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 Part III Page 6 of 8 Pages I LJ ® Permit No. NCS000299 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. S. 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. 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 dale 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 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. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part Ill Page 7 of 8 Pages 0 ® Permit No. NCS000299 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages 0 ® Permit No. NCS000299 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. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant Ilushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 0 , ® Permit No. NCS000299 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. S. Division or DWO 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. 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. Part VI Page 2 of 5 Pages 0 j 0 Permit No. NCS000299 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. 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. 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. 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 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. Part VI Page 3 of 5 Pages Permit No. NCS000299 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 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. 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). 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 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. 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 4 of 5 Pages 0 w 0 Permit No. NCS000299 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 5 of 5 Pages State of North Carolin Department of Environ I nt and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director October 14, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED DUSTIN VARVILL CARGILL INC.- NUTRENA FEED P O BOX 3899 WILSON. NC 27895 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal Cargill Inc.- Nutrena Feed Permit Number NCS000299 Wilson County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000299. This permit will expire on March 31, 2000. North Carolina General Statute 143.215.1(c) requires that an application for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent for this site on September 8, 1999. To date, no response has been received by the Division of Water Quality (DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to DWQ for renewal of your permit. Enclosed you will find a 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. The application form must be completed and returned along with all requested information by November 17, 1999 in order to assure continued coverage under the NPDES permit. Failure to request renewal by November 17, 1999 could result in a civil assessment of at least $250.00. Larger pena!ecs may be assessed depending on the delinquency of the request. Discharge of stormwater from vnur facility without coverage under a valid stormwatcr : IDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578 -� F ,I I L ; OCT 1 91999 == : _ -- - -- -i DEHi1R Ri+L EIGH fiEG;G;IAI OFFICE Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files , Stormwater and General Permits Unit Files- T 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 State of North Caroline Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 8, 1999 RICHARD S. LAFRENZ CARGILL INC.- NUTRENA FEED P O BOX 3899 WILSON, NC 27895 A4'Aw ,, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Cargill Inc.- Nutrena Feed Permit Number NCS000299 Wilson County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000299. This permit expires on March 31. 2000. 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. The application form must be completed and returned along with all requested information by October 11, 1999 in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by October 11, 1999 may result in a civil assessment of at least $250.00. 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 $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, '1/may /_5'('-I'V� Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office r 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 • " i �\\� � t'RI�I�_ _ y" _ +�.. 't yYi' ..E _ �.'� �. -. _ '�� �_-`rc .r-A. } D s �Kt..J'G...l.�y�w.+od`'a..0 w•yw/eiTyr ...�:�r.., w' yy� `: - _ 'S"` . �°� .tt3 r_�'*�..e'.y .--: ... �. ..Y. ,- .•."�I+..�a. ..ate A� .. �, � p� $^- "� � .� ti {� �, _-} ds r1^r-!$: S"• � '#.. � k - �y.��y��f��j��'p�+�''' � �s .t �- � � � ' w V77, n.I � T )' jti` � i � � �trc '� -ter. ''!Ff '. r t_ •; '�'' `i: i `� .. T r i. u � �3. ,� #}+ r-.��y.(. �..- - ..S TT .lt �� `-� ?r'. �. � _ •. H ;O .Lair.. r 7s" A L% � F ae �}Ta AN 4 1 t A y r .- i�dlRl L� NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS (This form is best filled out on computer, rather than hard copy. Then unprotect to highlight in light blue as needed to make your comments more visible in the final printing.) [But DON'T protect document again, or Word wipes out all you have entered.[ Date: 12/.09/2008 County: WA ilsog To: NPDES Discharge Permitting Unit Permitee: Caelk'I cN' u e an Fe d Attu. NPDES Reviewer: Robert D?'".Pafterson Application/ Permit No..-NCS000290 Staff Report Prepared By: M tcti Hav s Project Name: Permit Renewal SOC Priority Project? (Y/N) N If Yes, SOC No. A. GENERAL INFORMATION 1. This application is (check all that apply): ❑ New ® Renewal ❑ Modification 2. Was a site visit conducted in order to prepare this report? ® Yes or ❑ No. a. Date of site visit: 12/05/2008 b. Person contacted and telephone number: Matt Kanz 252.243.4167 ext. 244 c. Site visit conducted by: Mitch Hayes d. Inspection Report Attached: ® Yes or ❑ No. 3. Keeping BIMS Accurate: Is the following BIMS information (a. through e. below) correct? ❑ Yes or ® No. If No, please either indicate that it is correct on the current application or the existing permit or provide the details. If none can be supplied, please explain: (If there is more than one discharge pipe, put the others on the last page of this form.) a. Location OK on Existing Permit ®, OR, if not, is OK on Application ❑, or if neither is right, provide Location: b. Driving Directions OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Driving Directions (please be accurate): From Raleigh, take US 64 BYPass East to US 264 East. Drive to Wilson, exit onto US 301_North toward Wilson. Drive approximately three miles, turn right onto Wilco Blvd. Facility is at 2500 Wilco Blvd. on the right. c. USGS Quadrangle Map name and number OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide USGS Quadrangle Map name and number: E-27 NW Wilson, NC d. Latitude/Longitude OK on Existing Permit ❑, (check at http://w .topozone.com These are often inaccurate) or is OK on Application ❑, or provide Latitude: 35 41 25 Longitude: 77 5509 3S6� 1,)Z7et -77, ell AA - e. Receiving Stream OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Receiving Stream or affected waters: Roadside ditch to an Unnamed Tributary to Contentnea Creek a. Stream Classification: C; Sw, NSW ,NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS b. River Basin and Sub basin No.: 03-04-07 c. Describe receiving stream features and downstream uses: Receiving water on the west side of the property is a roadside ditch. Receiving water on the east side (railroad receiving area) of the property is a roadside ditch that flows into an Unnamed Tributary to Contentnea Creek. The front roadside ditch eventually' flows into the same UT to Contentnea Creek and continues to Contentnea Creek for approximately 1.1 miles to Comentnea Creek. For NEW FACILITIES Proceed to Section C. Evaluation and Recommendations (For renewals or modifications continue to section B) B. DESCRIPTION OF FACILITIES AND WASTES) (renewals and modifications only) 1. Describe the existing treatment facility: The facility manufactures, packages and ships animal feed from raw materials. 2. Are there appropriately certified ORCs for the facilities? ❑ Yes or ❑ No. Operator in Charge: Certificate # (Available in BIMS or Certification Website) Back- Operator in Charge: Certificate # 3. Does the facility have operational or compliance problems? Please comment: Facility last analytical and qualitative monitoring was completed April 2007. Permit expired April 2007. All records were available back to 1996. Analytical results from the last three years indicate readings that will be above the new issued permit's benchmark values for analytical monitoring. Grain and product lying near the concrete flume at Outfall 1 could be contributing to the high values. Feed product and excess sediment was also noted at Outfall 2. Better house keeping maintenance around the stormwater drains may reduce BOD, COD, and TSS values. Summarize your BIMS review of monitoring data (Notice(s) of violation within the last permit cycle; Current enforcement action(s)): No enforcement actions during the last permit cycle. a Are they currently under SOC, ❑ Currently under JOC, ❑ Currently under moratorium ❑? Have all compliance dates/conditions in the existing permit, SOC, JOC, etc. been complied with? ❑ Yes or ❑ No. If no, please explain: 4. Residuals Treatment: PSRP ❑ (Process to Significantly Reduce Pathogens, Class B) or PFRP ❑ (Process to Further Reduce Pathogens, Class A)? Are they liquid or dewatered to a cake? Land Applied? Yes ❑ No ❑ If so, list Non -Discharge Permit No. Contractor Used: Landfilled? Yes ❑ No❑ If yes, where? Other? Adequate Digester Capacity? Yes ❑ No ❑ Sludge Storage Capacity? Yes,❑ No FORM: NPDES-RRO 06/03, 9/03, 1/07 U NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS Please comment on current operational practices: Facility receives raw materials from trucks and rail car. Materials are processed and packaged inside a closed building. Feed is loaded onto trucks at the loading dock. All bulk materails stored outside have secondary containment that can sustain a 25 year-24-hour storm with a 8 inch freeboard. All valves are kept locked. 5. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or ® No. If yes, please explain: C EVAL UA TION AND RECOMMENDA TIONS 1. Alternative Analysis Evaluation: has the facility evaluated the non -discharge options available? Give regional perspective for each option evaluated: Spray Irrigation: Not feasible, owner does not own enough land to be considered for spray irrigation: Connect to Regional Sewer System: City of Wilson would prohibit discharge of stormwater into collection system. Subsurface: N/A Other Disposal Options: None 2. Provide any additional narrative regarding your review of the application: Facility has three distinct Outfalls although the permit does not lists these. Based on older maps of the facility outfall 001 consists of a concrete drain flume that conveys stormwater from the rail area to a stormwater drain. Stormwater flows from the drain through a buried concrete pipe under the service road and exits just off the road. Outfall 002 drains stormwater from shipping and loading area. Stormwater flows into a stormwater drain located in front of the grain bin and conveyed to the roadside ditch through a buried concrete pipe. Outfall 003 drains stormwater from the parking lot area in front of the building. Stormwater flows from the parking lot into a grass swell and is conveyed to the same roadside ditch that Outfall 002 discharges into. Outfall 002 may qualify for representative outfall status for Outfall 003 and 002. Receiving water for the facility should be listed as a roadside ditch to an UT to Contentnea Creek as opposed to Hominy Swamp in the previous permit. Facility has been reporting analytical, monitoring data from Outfall 001,002, 003 since 1996 although one year of data was submitted with renewal. 3. List any items that you would like NPDES Unit to obtain through an additional information request. Make sure that you provide a reason for each item: Recommended Additional Information Reason Request new site map with lat and long for each Site map is not up to date and is hard to outfall comprehend. FORM: NPDES-RRO 06/03, 9/03, 1/07 ® • NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS 4. List specific Permit requirements that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition: Recommended Removal Reason 5. List specific special requirements or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: Addition 6. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office; ❑ Hold, pending review and approval of required additional information by NPDES permitting office; ® Issue; ❑ Deny. If deny, please state reasons: Reminder: attach inspection report if Yes was checked for 2 d 7. Signature of report preparer: Signat=�� u Date: A ADDITIONAL REGIONAL STAFF REVIEW ITEMS FORM: NPDES-RRO 06/03, 9103, 1/07 4 NCS000299 �OF W A TFRO G G r lJ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Coleen H. Sullins Director Division of Water Quality Facility Name: Cargill, Inc. NPDES Permit Number: NCS000299 Facility Location: 2500 Wilco Blvd, Wilson, NC (Wilson County) Type of Activity: Animal food manufacturing SIC Code: 2048 Receiving Streams: Contentnea Creek, See Figure 1 River Basin: Neuse River Basin, Sub -basin 03-04-07 Stream Classification: C; Sw, NSW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): December 8, 2008 Central Office Staff Contact: Return to Robert Patterson, (919) 807-6375 Special Issues: Is"sue. e` ' ":-: Rating Scale: .l eas t610 and ; Compliance history 10 Benchmark exceedance 5 Location (TMDL, T&E species, etc 3 Other Challenges: I Difficulty Rating: 19/40 Description of Onsite Activities: • Animal feed production Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File, Central Files • EPA Multi -Sector Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2008 draft Neuse Basinwide Plan History: • Date Permit first issued: March 3, 1995 • Date Permit re -issued: April 19, 2002 • Date permittee submitted renewal application: April 3, 2007 1; 2, ,� i�i 111. NOV - 4 �_u i Page 1 of 5 NCS000299 Central Office Review Summary: 1. General Observations: Poor monitoring compliance. 2. Impairment: This is a NSW stream part of the Neuse River Basin that, has issues as a whole with nutrient loads. 3. Threatened and Endangered: None. 4. Location: Site is located on somewhat of a ridge. The previous permit showed it as draining to Hominy Swamp (C; Sw, NSW), which is located northeast of the, facility across SR 1609. However, it appears that it actually drains to the south to Contentnea Creek (C; Sw, NSW). The site plan shows that the site drains to a ditch along Contentnea Road which flows to the south. Can the RRO please confirm this? 5. Industrial Changes Since Previous Permit: None. 6. Analytical Monitoring Notes: Could only find record of one analytical monitoring event being performed. There were 7 events (one for each of the first 3 years, then quarterly in year 4) that were supposed to have been performed for BODS, COD, Total Phosphorous, TSS, and pH. The one sample taken in June 2004 high levels of BOD5, COD, P, and TSS. 7. Qualitative Monitoring Notes: Visual monitoring was only performed once, The permit required semi-annual monitoring. The one monitoring event noted "dirty" water. Not much useable data. Revised Permit Recommendations: Analytical Monitoring: 1. Continue all parameters and add Total Nitrogen since its in a NSW watershed. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The 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 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. Page,3 of 5 NCS000299 Recommendations: Based on the documents reviewed, the application information submitted on April 3, 2007 sufficient to issue an Individual Stormwater Permit. 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Subject: FW: Out Flow Testing From: Matt—Kanz@cargill.com Date: Sun, 7 Dec 2008 06:49:36 -0600 To: mitch.hayes@ncmail.net It was good to speak with you earlier this week. We are moving ahead with getting a format together that fits with all the other requirements that we currently do for HACCP and other permits. Have a safe week... Matt Kanz Plant Manager Wilson, NC (Phone: 252-243-4167 (Cell Ph: 913-972-0544 (Fax: 252-291-1109, * Email: matt_kanz@cargill.com Confidentiality Note: This message is intended only for the named recipient and may contain confidential, proprietary or legalbv privileged information. Unauthorized individuals or entities are not permitted access to this information. Amy dissemination, distribution, or copping ofthis information is strictly prohibited. /fyou hat received this message in error, please advise the sender by reply e-mail. and delete this message and any attachments. Thankymt. PAntes de impnmir pense em sua responsabllidade a compromisso com o MEIO AMBIENTE! From: Kanz, Matt - Matt_Kanz@cargill.com Sent: Sunday, December 07, 2008 7:46 AM To: Watson, Randall A. - Randall_Watson@cargill.com; Anders, Shawn F. - Shawn_Anders@cargill.com; Presley, John A. - John—A—Presley@cargill.com Cc: Kanz, Matt - Matt_Kanz@cargill.com Subject: Out Flow Testing Randall/John ... See the attached documents ... we have testing requirements that we need to add to the maintenance data base this month. It is the perfect time to enter them so we can begin the testing schedule basis the calendar year, not the Crop Year. Put it in as an inspection with notes to sample. The first few times let me know when it comes up so I can help take samples according to the BMP. Shawn if you would set-up a file in the HACCP cabinet with the draft of the permit and a print off of the inspection report. This will be filed with the previous years sample data and the copies of the reports that we receive back from the testing agency. By month end close out please shoot me an e-mail that it is completed. Matt Kanz Plant Manager Wilson, NC (Phone: 252-243-4167 (Cell Ph: 913-972-0544 (Fax: 252-291-1109 * Email: matt_kanz@cargill.com Confidentudiev Note: This message is intended only for the named recipient and mat.contain confidential, proprieren, or legally privileged information. Unauthorized individuals or entities are not permitted arress to this information. Amy dissemination, distribution, or copying ofthis information is so-irdy prohibited. If) on bare received this message in error, please advise the sender be reply e-mail, and delete this message and am, attachments. Thankyou. 1 of 4 12/8/2008 10:17 AM 016S000 2-99 0 Parnell, David From: Shawn_Anders@cargill.com Sent: Friday, August 19, 2011 6:53 AM To: Parnell, David Cc: Karl_Johnson@cargill.com; Smith, Danny Subject: RE: Plant Visit Good morning David, I wanted to give you a quick update on our progress to date. We have the sample kit on site and are awaiting an opportunity to collect samples. We are also working through the Notice of Violation letter that was sent as well and feel confident we will have the issues addressed by the end of the month. I will send another update upon completion as well. Thanks, Shawn Anders Plant Manager Cargill Animal Nutrition Wilson, NC W - 252-243-4167 Ext 244 - Please note new extension Fax - 252-291-1109 NA Think Green — Consider the environment before printing this email. This email and any files transmitted with it may contain confidential and/or privileged material and is intended only for the person or entity to which it is addressed. If you are not the intended recipient, any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited. If you have received this email in error, please notify the sender immediately and delete this material from all known records From: david.parnell@ncdenr.gov[mailto:david.parnell@ncdenr.gov] Sent: Thursday, July 21, 2011 10:38 AM To: Anders, Shawn F. - Shawn_Anders@cargill.com Cc: Johnson, Karl E. - Karl_Johnson@cargill.com; danny.smith@ncdenr.gov Subject: RE: Plant Visit Shawn, Thanks for your comments. It was a good visit and I am encouraged that you want to improve your stormwater program. Again, the Raleigh Cargill facility may be of some help when improving your facility monitoring plan. Dave Parnell Surface Water Protection Raleigh Regional Office 919 790-4200 From: Shawn_Anders@cargill.com [mailto:Shawn_Anders@cargill.com] Sent: Thursday, July 21, 2011 8:09 AM To: Parnell, David Cc: Karl_]ohnson@cargill.com Subject: Plant Visit David, we really appreciate the educational visit. It has given us some solid direction and know that we can have a very solid program in place. I did call the lab to see if there was simply a mix up on samples. Unfortunately we are in defect on the sample period. Our intentions are to send you a monthly update as we solidify our spill prevention plan and BMP's. Thanks again for taking the time with us. Shawn Anders Plant Manager Cargill Animal Nutrition Wilson, NC W - 252-243-4167 Ext 244 - Please note new extension Fax - 252-291-1109 AThink Green — Consider the environment before printing this email. This email and any files transmitted with it may contain confidential and/or privileged material and is intended only for the person or entity to which it is addressed. If you are not the intended recipient, any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited. If you have received this email in error, please notify the sender immediately and delete this material from all known records Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 18, 2008 Mr. Matt Kanz Cargill, Inc. 2500 Wilco Blvd. Wilson, NC 27893 Subject: Dear Mr. Kanz: Coleen H. Sullins, Director Division of Water Quality Draft NPDES Stormwater Permit Permit No. NCS000299 Cargill, Inc. Wilson 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. All analytical monitoring parameters have been continued from the previous permit term. Monitoring for total nitrogen has been added to this permit since it is in a nutrient sensitive watershed. 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 tern of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring'for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. . 4. 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 analyticalNonhCarolina and qualitative monitoring This reQuirement appears ll Individual Stormwat r permits however itIl7atur4//f North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.emstate.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/l0% Post Consumer Paper Mr. Matt Kanz Cargill, Inc. Permit No. NCS000299 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 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. 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 me at (919) 807-6375 or robert.patterson©ncmail.net Sincerely., Robert D: Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office, Mitch Hayes Stormwater Permitting Unit Attachments �G Y 'N' September 5, 2006 CARGILL INCORPORATED-NUTRENA FEEDS ATTN: DUSTIN VARVIL, OR SUCCESSOR PO BOX 3899 WILSON, NC 27895 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: NPDES Stormwater Permit Renewal Cargill Incorporated-Nutrena Feeds Permit Number NCS000299 Wilson County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000299. This permit expires on April 30, 2007. 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 forth along with the requested supplemental 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 November 3, 2006 in order for the permit to be renewed by April 30, 2007. Failure to request renewal by November 3, 2006 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 Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files (Stormwater Permitting Unit -Files Raleigh Regional Office N�° Carolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: w .nmatemuality ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50%RecycleNl 0% Post Consumer Paper _ NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS (This form is best filled out on computer, rather than hard copy. Then unprotect to highlight in light blue as needed to make your comments more visible in the final printing.) [But DON'T protect document again, or Word wipes out all you have entered.] Date: 12409/208 County: R'il os n To: NPDES Discharge Permitting Unit Permitee: Cargill, Inc.-_Nutrena Feed Attn. NPDES Reviewer: Robert D. Patterson Application/ Permit No:: NCS000299 Staff Report Prepared By: Mitch Haves Project Name: Permit Renewal SOC Priority Project? (YIN) N If Yes, SOC No. A. GENERAL INFORMATION 1. This application is (check all that apply): ❑ New ® Renewal ❑ Modification 2. Was a site visit conducted in order to prepare this report? ® Yes or ❑ No. a. Date of site visit: 12/05/2008 b. Person contacted and telephone number: Matt Kanz 252.243.4167 ext. 244 c. Site visit conducted by: Mitch Hayes d. Inspection Report Attached: ® Yes or ❑ No. 3. Keeping BIMS Accurate: Is the following BIMS information (a. through e. below) correct? ❑ Yes or ® No. If No, please either indicate that it is correct on the current application or the existing permit or provide the details. If none can be supplied, please explain: Discharge Point: (Fill this section only if BIMS or Application Info is incorrect or missing-) (If there is more than one discharge pipe, put the others on the last page of this form.) a. Location OK on Existing Permit ®, OR, if not, is OK on Application ❑, or if neither is right, provide Location: b. Driving Directions OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Driving Directions (please be accurate): From Raleigh, take US 64 BYPass East to US 264 East. Drive to Wilson, exit onto US 301 North toward Wilson. Drive approximately three miles, turn right onto Wilco Blvd. Facility is at 2500 Wilco Blvd. on the right. c. USGS Quadrangle Map name and number OK on Existing Permit ❑, OR, if not, is OK on ApplicationEl, or provide USGS Quadrangle Map name and number: E-27 NW Wilson, NC d. Latitude/Longitude OK on Existing Permit ❑, (check at http://w .topozone.com These are often inaccurate) or is OK on Application ❑--,, or provide Latitude: 35 41 25 Longitude: 77 5509 ?5--&�OZ%9l — 77, "71q&,-7 e. Receiving Stream OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Receiving Stream or affected waters: Roadside ditch to an Unnamed Tributary to Contentnea Creek a. Stream Classification: C; Sw, NSW NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS b. River Basin and Sub basin No.: 03-04-07 c. Describe receiving stream features and downstream uses: Receiving water on the west side of the property is a roadside ditch. Receiving water on the east side (railroad receiving area) of the property is a roadside ditch that flows into an Unnamed Tributary to Contenmea Creek. The front roadside ditch eventually flows into the same UT to Contenmea Creek and continues to Contenmea Creek for approximately 1.1 miles to Contentnea Creek. For NEW FACILITIES Proceed to Section C. Evaluation and Recommendations (For renewals or modifications continue to section B) B. DESCRIPTION OF'FA CIL ITIES AND WASTE(S) (renewals and modifications only) 1. Describe the existing treatment facility: The facility manufactures, packages and ships animal feed from raw materials. /� j 2. Are there appropriately certified ORCs for the facilities? ❑ Yes or ❑ No. NI /TT Operator in Charge: Certificate # (Available in BIMS or Certification W`ebsite) Back- Operator in Charge: Certificate # 3. Does the facility have operational or compliance problems? Please comment: Facility last analytical and qualitative monitoring was completed April 2007. Permit expired April 2007. All records were available back to 1996. Analytical results from the last three years indicate readings that will be above the new issued permit's benchmark values for analytical monitoring. Grain and product lying near the concrete flume at Outfall 1 could be contributing to the high values. Feed product and excess sediment was also noted at Outfall 2. Better house keeping maintenance around the stormwater drains may reduce BOD, COD, and TSS values. Summarize your BIMS review of monitoring data (Notice(s) of violation within the last permit cycle; Current enforcement action(s)): No enforcement actions during the last permit cycle. Are they currently under SOC, ❑ Currently under JOC, ❑ Currently under moratorium ❑? Have all compliance dates/conditions in the existing permit, SOC, JOC, etc, been complied with? ❑ Yes or ❑ No. If no, please explain: 4. Residuals Treatment: PSRP ❑ (Process to Significantly Reduce Pathogens, Class B) or PFRP ❑ (Process to Further Reduce Pathogens, Class A)? Are they liquid or dewatered to a cake? Land Applied? Yes ❑ No ❑ If so, list Non -Discharge Permit No. Contractor Used: Landfilled? Yes ❑ No❑ If yes, where? Other? Adequate Digester Capacity? Yes ❑ No ❑ Sludge Storage Capacity? Yes ❑ No ❑ FORM: NPDES-RRO 06/03, 9/03, 1/07 2 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS Please comment on current operational practices: Facility receives raw materials from trucks and rail car. Materials are processed and packaged inside a closed building. Feed is loaded onto trucks at the loading dock. All bulk materails stored outside have secondary containment that can sustain a 25 year-24-hour storm with a 8 inch freeboard. All valves are kept locked. 5. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or M No. If yes, please explain: C. EVALUAT/ON AND RECOMMENDATIONS 1. Alternative Analysis Evaluation: has the facility evaluated the non -discharge options available? Give regional perspective for each option evaluated: Spray Irrigation: Not feasible, owner does not own enough land to be considered for spray irrigation. Connect to Regional Sewer System: City of Wilson would prohibit discharge of stormwater into collection system. Subsurface: N/A Other Disposal Options: None 2. Provide any additional narrative regarding your review of the application: Facility has three distinct Outfalls although the permit does not lists these. Based on older maps of the facility outfall 001 consists of a concrete drain flume that conveys stormwater from the rail area to a stormwater drain. Stormwater flows from the drain through a buried concrete pipe under the service road and exits just off the road. Outfall 002 drains stormwater from shipping and loading area. Stormwater flows into a stormwater drain located in front of the grain bin and conveyed to the roadside ditch through a buried concrete pipe. Outfall 003 drains stormwater from the parking lot area in front of the building. Stormwater flows from the parking lot into a grass swell and is conveyed to the same roadside ditch that Outfall 002 discharges into. Outfall 002 may qualify for representative outfall status for Outfall 003 and 002. Receiving water for the facility should be listed as a roadside ditch to an UT to Contenmea Creek as opposed to Hominy Swamp in the previous permit. Facility has been reporting analytical, monitoring data from Outfall 001,002, 003 since 1996 although one year of data was submitted with renewal. 3. List any items that you would like NPDES Unit to obtain through an additional information request. Make sure that you provide a reason for each item: Recommended Additional Information Reason Request new site map with lat and long for each outfall Site map is not up to date and is hard to comprehend. FORM: NPDES-RRO 06/03, 9/01 1/07 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS 4. List specific Permit requirements that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition: Recommended Removal Reason 5. List specific special requirements or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: Recommended Addition Reason 6. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office; ❑ Hold, pending review and approval of required additional information by NPDES permitting office; ® Issue; ❑ Deny. If deny, please state reasons: Reminder: attach inspection report if Yes w, ass checked for 2 d. 7. Signature of report preparer: ) I iL;1"//I%/� Signature of W 9S regional supervisor: Date: GC-� D. ADDITIONAL REGIONAL STAFF REVIEW ITEMS FORM: NPDES-RRO 06/03, 9/03, t/07 4 t 1`+CS000299 �G�oti w a r�9p� CO r O � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleco H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Cargill, Inc. NPDES Permit Number: NCS000299 Facility Location: 2500 Wilco Blvd, Wilson, NC (Wilson County) Type of Activity: Animal food manufacturing SIC Code: 2048 Receiving Streams: Contenmea Creek, See Figure 1 ... ......... River Basin: Neuse River Basin, Sub -basin 03-04-07 r Stream Classification: C; Sw, NSW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): December 8, 2008 Central Office Staff Contact: Return to Robert Patterson, (919) 807-6375 Special Issues: Issue Rating Scale: 1 ea to 10 and Compliance histo t0 Benchmark exceedance 5 Location (TMDL, T&E species, etc) 3 Other Challenges: 1 Difficult Rating: 19/40 Description of Onsite Activities: • Animal feed production Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File, Central Files • EPA Multi -Sector Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2008 draft Neuse Basinwide Plan History: • Date Permit first issued: March 3, 1995 • Date Permit re -issued: April 19, 2002 • Date pennittee submitted renewal application: April 3, 2007 i.. �t Page 1 of 5 NCS000299 NCS000299 Figure 1: Map of Facility Cargill, Inc. Latitude: 350 41' 25" N Longitude: 770 55' 09" W County: Wilson Receiving Stream: Contentnea Creek Stream Class: C; Sw, NSW Sub -basin: 03-04-07 (Neuse River Basin) Facility Location Page 2 of 5 NCS000299 Central Office Review Summary: 1. General Observations: Poor monitoring compliance. 2. Impairment: This is a NSW stream part of the Neuse River Basin that has issues as a whole with nutrient loads. 3. Threatened and Endangered: None. 4. Location: Site is located on somewhat of a ridge. The previous permit showed it as draining to Hominy Swamp (C; Sw, NSW), which is located northeast of the facility across SR 1609. However, it appears that it actually drains to the south to Contentnea Creek (C; Sw, NSW). The site plan shows that the site drains to a ditch along Contentnea Road which flows to the south. Can the RRO please confirm this? 5. Industrial Changes Since Previous Permit: None. 6. Analytical Monitoring Notes: Could only find record of one analytical monitoring event being performed. There were 7 events (one for each of the first 3 years, then quarterly in year 4) that were supposed to have been performed for BOD5, COD, Total Phosphorous, TSS, and pH. The one sample taken in June 2004 high levels of BOD5, COD, P, and TSS. 7. Qualitative Monitoring Notes: Visual monitoring was only performed' once. The permit required semi-annual monitoring. The one monitoring event noted "dirty" water. Not much useable data. Revised Permit Recommendations: Analytical Monitoring: 1. Continue all parameters and add Total Nitrogen since its in a NSW watershed. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The pertnittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The 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 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. Page 3 of 5 NCS000299 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. Discussions with permittee: Matt Kans, 252-243-4167, October 31, 2008 1. Q: Confirm SIC code and industry? a. ANSWER: animal feed manufacturing 2. Q: Was the required monitoring and sampling performed, but just not submitted? a. ANSWER: checking to see if it was done but not submitted. 3. Q: Any changes at the facility? a. ANSWER: no 4. Q: TRI chemicals Copper and Zinc compounds reported on 313 Form A? a. ANSWER: Use in solid form. Kept inside and loaded/unloaded in covered loading dock. Page 4 of 5 9 :1 ACS000299 Recommendations: Based on the documents reviewed, the application information submitted on April 3, 2007 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) i^�`�/• Date Stormwater Permitting Unit Supervisor K / r r. Q Date 0 700 g for Bradley Bennett Concurrence by Regional t,V Water Quality Supervisor Date Date Regional Office Staff Comments Fa 1'v\ain-fz,irig aralyt a, Gvclrvw-)4orivq 0jafe,be, C11 fa I99(0. j-c,c; 61 S+ufr W S r\&4 awat-e o ( repoH', Ij i eq�ifen enf plko -lc, SIWW }U,„avej' TLo IGS-t -Ekvee yaks of avjal yt;CPrl Aak, � \d,csHP 13G0`fc i7 a,iA TSS vc4&o-S' bb\O. w;l 6e above t6.a new Pei„^-'1's he✓,c""t" Valle bCj{er ho Se keeptit� INa I✓l+e✓1a1'\Ce arOkv,dl roa leU1li Ce )"eSe VaIues, Tl,eire- ay., t� irnr pi '9ft✓tet S17yrn�waferOwtFei �S. One oi,AtfI 1s k% d Ova VkQ "P IvoeVer) -f ,o otQ it +wo a.re r\o-f. t/ r\ew _s, ►+ n`Gp iS }"Cjt&esied 560)'P)oie-flri'if 0� �j1a cac: l W;� oLv"tFCt/f l'Sted' Pev w\: itee Skot,Jl l a fSo Ps+ l—a4- ne)d �- ^ Far oacll ot.l( f IAr ncwredfi TFI' b"fa r2 fo LovrlevrtvleG—C"r`eeTK. Ty.Q CGS i i SS�v� Ppr�" . f );5jeA Hor,'Wr y -5W6MP �S tbvo 1-e-ce,'v"� S-1 t-ecjr'�. ThQ tcnd.5 a; e dr4cb -Flows scU 0.,-p vies-4 s%de UT-rkw prge,-I ov� Soitiil., 0-v) t� eaS'f S; �P GP roPevl /N f) a S l Lt" fo Cpvt fPv.f T1�t RG Ie iJ 1 Re ;una I G 'ce rerotv,w]tevtcQf Ioavlee of Ki G SGOf)o`�%i �^ &Cco-v{a tlC.e Url'fiA i4V ne cJ p(ra%-i- P ekrl) "q rey�, ���rvl,vlf3 and s tr^FF ticto-mmeodo-4;onS /v\aofe ,ij -bi(kj- 5 Page 5 of 5 05/03/07 THU 15:00 FAX 252 291 1109 CARGILL W'I 1002 :; /ter• ` 1N`�✓W''yl.'.��tl f C� lilt 1 Al Ill :,H•_i l PEPURIT C0VER4GE RENEWAL APPLICATION FORM National Pnllutnnr Discharge $Iltninntion System Stormwater Discharge Permit EF'AI rH P"V,E 11.1 i'Il� EN=rMifNijmhfi �teNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORbIaTTON TO THE DIv. OF WATER QUALITY TN ORDER FOR YOUR FACILITY - RENFWAT. OF VOTBSTORMWATER PERMIT NCSOo0299 Q ALIFI'FOR "s " ute mlormation currently in Our database foryour facility. Please review this information wrefitlly and make all corrections as necessary in file s race v' t i t o ided to the right of the current information. OWNER INFORMATION Oner.'Name; C.'.LGRL INCORPORATED Owner ConOntacr. � _ Mailing .Address; Phone Number; Fa.e Numhcr E-mail address: FACILITY INFORMATION - Fac.hiyNam—RGt ILL NCORFORATFD-NIRRENA FEED5 Facility Cootnct: Facility Address: z;nn WILCO RI -VD lA'll_CpN, NC 27A93 Phone Number: - Fax Number E-mail address: PERMIT rNE2 MAI ION Pcrnit Contact: t7r'.CTtN vARVIL Mailing Address: PO LION 3899 Phone Numb',]5'2833167 WILSON. WC:7.595 - Fax Number E-mail addre,a<. DISCHARCE INFORMATION Discharge ReceivinE lCn[er: NO\IIKY Sw}�hrP Sneam Class: C 5W' NSW Basin: Sob -Basin y: o.Indn- Number of Oudalls: CERi-1FiCATION JJOO 1.11 91 $ ..r ---- 1.3a 1 ---�_— YD-O41_y ��DRt /105� Li�= -�5724: t f1TT .A/VS I r-n Ind 1 certify that I am ftaniihlt with the intOrmation contained in the application and that ro tile best of my knowledge and helicf such infnmtatinn is true, Complete and accuro[e. ' Signanne Date Prier or type .:3me Of person signing above c--'= Title Please return this completed rcnen'nl application forth to: Individual Permit Renewal Ann: Ms. Aisha Lau Stormwater and General Permits I%nit 161 7 Mail Service Center R316eh, NOrtit Carolina 27699-161 z, 05/03/07 THU 15:01 FAX 252 291 1109 CARGILL WILSON 0003. STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION X.C. Division of IT ater O:mlint S a ru nter and General Pen its L•rnil Facility Name: CARGILL INCORPORATED-NUTRENA FEEDS Pcim t Number: NCS000=99 Location Addreas: 2i00 WILCO 13LVD lWll SON. NC 27893 County: WILSON "I ecnify, under penalri of law, that the Storrn water Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the information gathered is, to the best of my knowledge and belief. true. accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and die SPPP has been fully implemented .,t the named facility location in accordance with the terms and conditions of the stormtvarer general permit." "I am aware that there arc significant penalties fm falsifying information, including the possibility of fines and imprisonment for knowing violations" - Sign (nccording to permit signatory requirements) rind return this Certirication. DO NOT SEND THE STORMW 4TER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature C �P.r.._ 17 .I• Date 5 - 1 -O') CGrY D. Ylcl'n:..v Pnnt or tv� a of person fining above Title' SPPP Cenlfienrian V99 CONENTWA AOIe 11" NIII TITLE F IGURE I FACILITY LAYOUT MAP MNM( blp CARGILL ANIMAL NUTRITION baNTI 2500 WILCO BOULEVARD WILSON, NORTH CAROLINA 27893 bNCIW rc b1fNi bNbE CM FILE TYPE CODE PREP. RY 1252619.I"N RK cvoN ; el IS V T ASSOC IAT EpS� INC.��p ��q� Raleigh, North Cmd41a 27604 R191871-4M FAX 1�w18. A REV. BY SCALE DATE 1 " = 100.' PN0. 12-06-2004 22.25265.65.0037 05/03/07 THU 15:02 FAX 252 291 11U CARGILL WILSON Zoos EPA Spill Prevention, Control & Countermeasure (SPCC) 40 CFR 112 Appendix C CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST FACILITY NAME: Cargill Animal Nutrition FACILITY ADDRESS: 2500 Wilco Boulevard, Wilson, North Carolina 27893 1. Does the facility transfer oil over water to or from vessels and does the facility have a total ON storage capacity greater than or equal to 42,0oo gallons? Yes _ No _J 2. Does the facility have a total oil storage capamty greater than or equal to 1 million gallons and does the facility lack storage tank secondary uI ss sufficlent freeboard sufficiently Containment that is Ilofor peto reGpiittatioo within any abovegmundlargest oil storageround oil tank areal Yes _ No 3. Does the facility have a fatal off storage capacity greater than or equal to 1 million gallons and Is the facility located at a distance (as calculated using the formula in Attachment C-111, Appendix C. 40 CFR 112 or a comparable formula) such that a discharge from the facility could Cause Injury to fish and wildlife and sensitive environments? For further description of fish and wildlife and sensitive environments, see Appendices 1, II, and III to DOGNOAA's'Guidance for Facility and Vessel Response Environments' (Section 10, Appendix E, 40 CFR 112 for availability) and the applicable Area Contingency Plan. Yes _ No J 4. Does the facility have a total oil storage capacity, greater than or equal to 1 million gallons and is the facility located at a distance (as Calculated using the appropriate formula (Attachment C-III, Appendix C, 40 CFR 112 or a comparable formula) such that a discharge from the facility would shut down a public drinking water intake"? Yes— No J S. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No_J CERTIFICATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and that based o, cc inquiry of those lete. duals responsible for obtaining this information, i believe that the submitted information k true, accurate, and complete. Cary Fleming Name (please type or print) Plant Manager Title 3 Signat 4-1-OG Date 4fa comparable formula is used, documentation of the reliability and analytical soundness of the comparable formula matt be attached to this form. 'For the purposes of 40 CFR part 112, public drinking water intakes are waiogous to public water systems as dcscribed At 40 CFR 143.2(c).(from 40 CFR 112 Appendix C, Attachment C-11) 05/03/07 THU 15:04 FAX 252 291 1109 CARGILL WI a� [a 007 SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLAN AMMENDMENT Cargill Animal Nutrition 2500 Wilco Boulevard Wilson, North Carolina 27893 1. Change #1: Designated Person Accountable for Oil Spill Prevention (SPCC Plan Coordinator): Cary Fleming SPCC Coordinator 2. Change #2, Page 4 — SPCC Plan Management Review: In Accordance with 40 CFR Part 112.7, this SPCC Plan has the full approval of management at a level of authority to commit the necessary resources for its full implementation. Authorized Facility Representative: Cary Fleming Signature: Title: Plant Manager 3. Change #3, Page 7, Item G — Emergency Contact List: [40 CFR Part 112.7 (a)(3)(vi)] Name / Title Office 24-Hour Cary Fleming (252) 243-4167 Plant Manager/SPCC Coordinator 4. Change #5, Appendix A — Certification of Applicability of Substantial Harm Criteria... Please read, sign and date the attached form and store with your SPCC Plan. 05/03/07 THU 15:04 FAX 252 291 110L CARGILL WILSON _ Q 008 Cargill` Animal Nutrition Cary Fleming . Plant Manager Cargill Animal Nutrition Wilson Feed Mill 2500 Wilco Blvd. Wilson, NC 27893 Tel: 252-243-4167 Fax: 252-291-1109 Wilson's Best Management Practices 1. In case of a discharge, all shut -offs will be closed and secured (pumps and valves). 2. The facility's emergency response plan and notification system will put into action. 3. All ignition sources will shut down (motors, electrical circuits). 4. We make sure all discharge is contained by preventing the discharge to leave the property by protecting the storm water drains. We have containment equipment ready at designated areas at the plant, plus we have put in place piles of soil that we can make a dike using our front-end loader. 5. If any material needs to be cleaned up, we have contractors to assist us. Chances to Wilson's Water Permit No changes are planned at this time. 05/03/07 THU 15:04 FAX 252 291 1109 CARGILL WILSON a 009 R m SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN Cargill Animal Nutrition 2500 Wiloo Boulevard Wilson, North Carolina 27893 Current Version: 1 of 2 Controlled Copy No.: 1 of 2 Latest Management Review Date: Original Preparation Date: November 5, 2001 Designated Person Accountable for Discharge Prevention (SPCC Plan Coordinator): Derek Ashenfelder Plant Manager CERTIFICATION In accordance with 40 CFR § 112.3(d), I hereby certify that I (or my agent) have visited and examined the facility, and being familiar with the requirements of 40 CFR § 112, attest that this SPCC Plan has been prepared in accordance with good engineering practice, including consideration of applicable industry standards, and with the requirements of 40 CFR § 112. 1 also certify that procedures for required inspections and testing as referenced in this SPCC Plan have been established and that this SPCC Plan is adequate for this facility. This certification in no way relieves the owner or operator of this facility of the duty to fully implement this SPCC Plan in accordance with the requirements of 40 CFR § 112. ° ' - SEAL Engineer. Rick Kleinfelter, P.E. v., Signature: epa�asoa — Registration No.: 25535 State: North Carolina MAL Date: 2 - os Aa Prepared by: Pya4eq.lu f' ATC Associates Inc. 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 " ATC Project No. 22.25265.0037 i 05/03/07 THU 15:05 FAX 252 291 1109 CARGILL WILSON Z010 Monitoring of Stormwater Out Falls ' Date: April 2007 Out Fall f Rail Receivinq Area Out Fall 2 Parking Lot Out Fall 3 Tank 3 Area Color OK DIRTY OK Odor OK OK OK Clarity OK DIRTY OK Floating Solids NONE NONE NONE Sus ended Solids NONE PARTICLES FROM LOT NONE Foam NONE NONE NONE Oil Sheen NONE NONE NONE Other Obvious indicators of stormwater pollution NONE INONE INONE STORMWATER DISCIIARGE OUTFALL (SDO) MONITORING REPORT PI;ItMIT NO. NCS EGG �! �I SAMPLES COLLECTED DURING CALENDAR YEAR: �- Co (all samples collected during a calendar year shall be repor(ed no later than /] January 31 of the following year) q FACILITY NAME �((Ih: %/n.r'1H 1t1(1Ly-11/ /Frl COUNTY I'IiItSON COLLECTING SAINPI� I:(S) PHONE NO C ) Sl-) % CERTIFIED LABORA•f ORY(S) Lab 0 cut - �)a,,�ki/'+ l %l•' a r�� •/+Lab# 37%/ ¢(SIGNA•rUREOFPERMITTEEORDESIGNEE) ! • By this signature, I certify (hat (his report Is accurate complete to the best of my knowledge Part A: Specific Monitoring Requirements Outfall No. Dale 1; MCb >l: Sample -> , Collec(cd ' > 50050 6'1&( {.11kiJ.Ef4k1 t 1 lir.:.:t 'total ;Flow x. �s, (� f t,fJt C �.J ,i , l o%` ° 1: ; a 4i yidjv. rat ��Y u:s..?(s4 ryj Zq k4aFd4494.'4 Y n 3.S 6 3$— 3, 7 1o� 9. 7 b Page I of 2 Form MRNCS Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? —yes no (if yes, complete Part B) Part It: Vehicle Maintenance Aclivitv Monitoring Requirements Outfall No. Dale . Samnle Collected :; : 50050 00556 01051 38260 00400 Total Flow... Oil and Grease Lead, Total Rrcoverablel Detergents .:- MBAS)2 pit , New Motor Oil Ueage ? :, mo/dd/ r ;...; MG m tlW1 mW1 unit Footnotes: I Applies only for facilities at which fueling occurs. 2 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. \STORM EVENT CHARACTERISTICS: Date �03 O_ Total Event Precipitation (inches): Event Duration (hours): 0- (if more than one storm event was sampled) Dale Total Event Precipitation (inches): Event Duration (hours): Mail Original and one copy to: Alin: Central Files DEI INR Division of Environmental Mgt. P.O. Box 29535 Raleigh, NC 27626-0535 "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. (lased 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 arc significant penalties far submitting false information, Including the possibility of fines and Imprisonment for knowing violalions."f 7-/P:o'y (Signature of Permittee) (hale) • i' • Page 2 of 2 Form MItNCS' State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director February 19. 2001 Cargill Inc. — Nutrena Feed Attn: Mr. Dustin Varvil P.O. Box 3899 Wilson. NC 27895 A 4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Application Permit Number NCS000299 Individual Stormwater Permit Wilson County Dear Mr. Varvil; The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000299 on February t4, 2001. The submitted renewal package contained the following items: Signed application Site map Analvocal nionitorinY results summary Visual monitoring I'CSnIU summ:uv Best Management Practices sunvn:uv Narrative dcscrihim, siunilicant ehaiwes at the permitted facility Signed Stormwater Pollution Prevention flan certification A preliminary review of the submitted renewal application package has been conducted and it appears n> be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter. please contact me at (919) 733-5083. extension 578. Sincerely. Aisha H. Lan_ Environmental Engineer cc: Raleigh Regional Office Stormwater and General__Permits Unit] Central Files Swt! 11S-0901911 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/ 100,6 post -consumer paper V1 State of North Carolina Depo,meQ�of Environment, Fjealth ano Natural Resources /Division of Envi�pmental Management Jr., P.E., Director March 3, 1995 Mr. Richard S. Lafrenz Cargill Inc.-Nutrena Feeds P.O. Box 3899 Wilson, NC 27895 Subject: Permit No. NCS000299 Cargill Inc. Wilson County Dear Mr. Lafrenz: In accordance with your application for a stormwater discharge permit received on May 6, 1994, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request inusebe 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 H, 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 By Coleen H, Sul�n A. Preston Howar , fir, P. E. cc: Mr. Jim Patrick, EPA V,Weigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action. Employer 50% recycled/ 10% post -consumer paper 0 Permit No. NCS000299 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, Cargill, Inc. - Nutrena Feeds is hereby authorized to discharge stormwater from a facility located at 2500 Wilco Blvd. Wilson Wilson County to receiving waters designated as Hominy Swamp, a class C Sw NSW,;streain, in the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective April 1, 1995. This permit and the authorization to discharge shall expire at midnight on March 31, 2000. Signed this day March 3, 1995. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission 0 Permit No. NCS000299 PERMPI"I'ED 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 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 NPDES 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 • S bstd ,p. � - Permit No. NCS000299 County P / ech lruUty •Q �f stern NC �Y E era MAP I� !ar D _ . i ,c '4r� F I (��' ✓%� LP°. .t\,"'�. a• .. �Sts �LLJ\: i -..., /. MaPPt Valley r i � Res[ Haven Cem / Country Club i z6 �,,• ,i �, cr - _Theater—_ - —j_- �` ' 1602 Z ,� / ell o o I c_ • 7►: - I 1, �;� � zaplee I ell le /7) n 6U7) • �j /13 I L— �zi(L Sewage D' „( BM 109 Page 3 ■ dgBwIX,d untry Club "58 "57 720 00/ FEET ..m 42'30" '55 jW I� W �W '54 0 C 11 Permit No. NCS000299 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. 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 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. NCS000299 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 stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into. the program. e. 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 EI 11 Permit No. NCS000299 operations that have the potential to contaminate stormwater runoff. Facdity personnel (or team) responsible for implementing the training shall be identified in the Plan. f. 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. g. 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 pemuttee 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 El 0 Permit No. NCS000299 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 II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: 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 II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 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 E E Permit No. NCS000299 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics Units Measurement Fre uenc I Sample T e2 Sample Location3 Biochemical Oxygen Demand m annually Grab SDO Chemical Oxygen Demand m annually Grab SDO Total Suspended Solids m annually Grab SDO Phosphorus, Total m annually Grab SDO Total Rainfal14 inches Event Duration4 minutes Total Flow4 MG SDO Footnotes: I Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardlessRof ccuut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Page 8 lJ Permit No. NCS000299 (2)- Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The pemuttee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Discharge Characteristics Cut-off Concentration Biochemical Oxygen Demand < 30 m Chemical Oxygen Demand < 120 m Total Suspended Solids < 100 m Phosphorus, Total < 2 m Footnotes: I pH cannot be averaged due to the nature of the logarithmic.pH scale. The most recent pH sample result shall be used for cut-off concentration purposes W Page 9 Permit No. NCS000299 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, 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. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Ere uenc 1 Monitoring T 2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clan Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SOO 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: 1 Frequency: The first visual monitoring event during the term ofgthe permit must be performed during the initial analytical monitoring event.'A1Psubsequent 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: Stormwater Discharge Outfall (SDO) Page 10 Permit No. NCS000299 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 I, 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 11 0 Individual Stormwater Page Al PART n STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS PX4016 ►mom a �� • The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. n . i - 1: 1' 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. C'zcu'.aton of Means Means shall be calculated according to the following definitions: Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values di%ided by -the number of individual values. 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 a_*iLhmedc 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). 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. 11k S±n-pop of 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. 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. The rainfall runoff from or through any coal storage pile. ® Indivi*tormwater Page The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management. the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Pan 116 pursuant to Section 311 of the Clean NA'ater Act. 11. 1 arafltl 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. i .. . o. .. 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 pan 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 mining operations. The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, runnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, roLing 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. 17. Run ff o ffi L-M 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. 1 fi. Second2*v Coninininent Spa 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: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and 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 31 l(b)(2)(A) of the CW'A at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Significant Ma eri k 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. ® Individt*ormwater Page A4 21. Significant S;iiL 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 ZI) brsection 107ofCERCLA (Ref: 40 CFR 302.4). V#MC@Tv—vM9FF4M. The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 01 • "• 1 1• 4 : �1 • The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or taw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NTDES 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 \ 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 ownerloperator, 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 Stot®ater 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 faciilry 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; 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; Construction acd%ity 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 pan 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)-Q) of this definition). For the categories of industries identified in (a) through 0) of this definition the tern 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 taw 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. ® Indivi® 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). 24. Ten Year De-ciM Storm 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. OPMENIf a.. The now 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. 26. Toxic Po lutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27.c ftmtc a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the fast 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) Aflow-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. 28. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air7graYity;'oriMfrMWit3 simof origin which can be seen with the unaided eye. ® Individual Stortater Page A7 30. W :ro Pno An}non-containerized accumulation of solid, non -flowing waste that is used for treaenent or storage. 31. 25-year. 24 hour storm v nr The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individu*rmwater Page A8 1. Duty to Comoly. The permittee must comply with all conditionrof 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 S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 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 S50,000 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 S 10,000 per violation with the maximum amount not to exceed S125,000. [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 (S 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: lonh 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 S 10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed S25,000. Penalties for Class U violations are not to exceed S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S125,000. 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 A`CGS 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 Storm®er Page A9 4. O 1 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. 5. Property ighLs 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. $e�'orah'llp' 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. Du, to Provide Information 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. Expiration of Permit The perminee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the perminee 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. $jYnaton• Requirements All applications, reports, or information submitted to the Director shall be signed and certified All applications shall be signed as follows: 0) 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 ® Individua rmwater 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 milhon (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 submined 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." Mis 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. 0 Individual Stotater Page A11 11. Pe::,.it Actiong 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. SECTION C• OPER ATIO\ AND MAIN717ENANrF OF POT MON rQNMOLS ProW Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxilia7 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 Nee' to Halt o, Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessan to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit BL- ,-- inF of S,=mwarer Control Facilities Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stornw ate, control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 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 t1) 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. 0 Individu4Iormw•ater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Pan II, E. S. 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 dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices.as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 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 permitter. 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. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that . (1) An upset occurred and that the permitter 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 perminee submined notice of the upset as required in Part II, E. 5. (b) (B) of this permit (4) The permittee complied with any remedial measures required under 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. RA.,.g—tzTive Sarrl;tir 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 subs.ance. Monitoring points shall not be changed without notification to and approval of the Director. Re;o~ Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTE,N-nON: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Meas-rements 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 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 tut 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 IndivieStormwater 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 reporting 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. 7. Recording, Result For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s) who performed the sampling, measurements, inspection or maintenance activity; The date(s) analyses were performed; The individual(s) who performed the analyses; 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; 0 0 Individual Stormwater Page Al a. Enter upon the perrninee'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; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 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. Pla=ed Chances The perninee 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: 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 The alteration or addition could significantly change the nature or increase the quantiry of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notifcation requirements under 40 CFR Pan 122.42 (a) (1). 2. An•+ ipated Noncomp + n e The penninee 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. TrgZsfe,& 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. Monitoring results shall be reported at the intervals speed elsewhere in this permu. The perminee 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 IndiviWtormwater 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 N oncorr;tic The permittee shall report all instances of noncompliance not repotted under Pan II. E. 4. and S. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Pan II. E. 5. of this permit. 0_1,er Lnforr::ation Where 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. Av a]aNllp of Re;orTs 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- 215.6E or in Section 309 of the Federal Act 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 A17 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 requirernenu in the Act then applicable. ADMINISTERING PART ri' AND COMPLIANCE REQUIREMENTS MONITORING FEE The pe„nittee 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 acco:da^:ce wish 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit State of North Caroli4b 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 10, 1994 Richard S. LaFrenze Cargill, Inc. - Nutrena Feeds 2500 Wilco Blvd. Wilson, NC 27893 Subject: NPDES Stormwater Permit Application Cargill,-Inc._Nutrena Feeds 2500 Wilco Boulevard r-NCS000299=) Wilson County Dear Mr. LaFrenze: On May 6, 1994, Cargill, Inc.- Nutrena Feeds submitted a Notice of Intent (NOI) requesting permit coverage under General NPDES Permit NCGO60000 for stormwater discharges from the Wilco Boulevard facility. The stormwater from this facility discharges to Hominy Swamp a class C, Sw, NSW stream. The Water Quality staff has reviewed the NOI, the type of activities that take place on the site, and the water quality history of the site. Our conclusion is that the requirements of NCGO60000 are not appropriate for this facility's stormwater discharges. Specifically, a history of violations and discharges of fats and other lipid compounds into the surface waters of the State reveal the potential for this facility to adversely impact the receiving waters of Hominy Swamp. Cargill, Inc.- Nutrena Feeds should prepare and submit an individual NPDES stormwater permit application for this facility.The individual application process requires more detailed facility information than does the general permit NOI process. Please fill out the enclosed EPA forms 1 and 2F and return them by December 16, 1994. The $400.00 fee which you have already paid for your general permit will be directly applied to the individual application for which the fee is also $400.00. Therefore, this change does not require you to submit any additional fees. Please note that your file has been assigned number NCS000299 and make reference to this number in any correspondence you may have regarding this permit application. If you have any questions, please contact Mr. Steve Ulmer at (919) 733-5083 extension 545. cc: Raleigh-Regional.Offii P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer S' erely, Coleen ll' s, P.E. Supervisor, Permits and Engineering Branch Telephone 919-733-7015 FAX 919-733-9919 50% recycled/ 10% post -consumer paper ❑t Sermit No. NCS000299 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT 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, Cargill, Inc. - Nutrena Feeds is hereby authorized to discharge stormwater from a facility located at 2500 Wilco Blvd. Wilson Wilson County to receiving waters designated as Hominy Swamp, a class C Sw NSW stream, in the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on. Signed this day YYYYYYYYYYYYW A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission U Oermit No. NCS000299 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 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 NPDES 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 +onrimuni Irsta ter At n4c, ' �\cnry .n •e ����,� `•'�•. ''• .I. Oermit No. NCS000299 a � _ s,ee.w� Trailer t v ark ;:✓/': ,.^' N 1 r _ UO ` � �, �'.. "arG l� CountY .. -/ •• �Ia .�• 1 xnlruytG _ •. 3 / i ` tun NC�Qe wH - --.'• ,�( Cent , '"', r ll' -� f � `��/imp/f)1 /' r L •�J 0 �' I \Y n 1� � � ♦ .�`'\T `�:)I7 /ilk , r r y i � . H, n`" I ' / 1/- - - i II l .. •' ••.Y'r: i'.-: � 7 ' .`„`, 11 , rC+',��✓, I .1 e5t� 1 L � B ea �.,•i��Y / - arks 'J o I. %. ' . � / ', HaPPY Valley Ne 1 CJ�_ i. •lll :� 1 sue, s-•� Rest Haven �e �`.Cem �.. /� Oountry Club •ab ��; I •• :•' .5 osah�'v / g 1 1 / Pt \ �.'o/ )\ --Gr • Drive in r/J,: heeler-- f ♦ > �' ♦` .— . 1632 zs: CEtrS,9i'I 1608 \' Cem.in 5 � ttr/ 1 11 7 II I`� / /' � '6 /� ] L_ `� :I Sewage.I- C1�LL I • i Pam, �- y• 21_ ,� - ■ Page 3 - = �- ': edgewo0o � �.=entry Club I --- I .58 u57 720 000 FEET ark 42'30' aa55 Oermit No. NCS000299 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. 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 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 0 aermit No. NCS000299 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. 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 stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 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 f ikermit No. NCS000299 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f. 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. g. Plan Ammendment. The pemuttee 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. b. 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 Wermit No. NCS000299 with the fast 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 II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (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 II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 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. C. 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 fie hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fie -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 r] aermit No. NCS000299 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics Units Measurement Fre uenc 1 Sample jype2 Sample Location3 Biochemical Oxygen Demand m annually Grab SDO Chemical Oxygen Demand m annually Grab SDO Total Suspended Solids m annually Grab SDO Phosphorus, Total m annually Grab SDO Total Rainfall4 inches Event Duration4 minutes Total Flow4 MG SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Page 8 Sermit No. NCS000299 (2) Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the fast and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Discharge Characteristics Cut-off Concentration Biochemical Oxygen Demand < 30 m Chemical Oxygen Demand < 120 m Total Suspended Solids < 100 m Phosphorus, Total < 2 m Footnotes: I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 9 0 germit No. NCS000299 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, 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. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fr uenc 1 Monitoring TyM2 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: 1 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. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 10 0 1wermit No. NCS000299 SECTION B: SCHEDULE OF COMPLIANCE The permittce 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 I, 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 11 ONLY TE iLovKlSCI:�� cy-4 In 03Lo302 40o" NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTICE OF INTENT REQUESTING COVERAGE UNDER GENERAL PERMIT NO. NCG060000 STORMWATER DISCHARGES associated with activities classified as Food and Kindred Products [Standard Industrial Classification Code (SIC) 20], Tobacco Products (SIC 21), Soaps, Detergents and Cleaning Preparations; Perfumes; Cosmetics and Other Toilet Preparations (SIC. 284), Drugs (SIC 283), and Public Warehousing and Storage (SIC 4221 - 4225). Complete this Notice of Intent (NOI) and mail to the following address North Carolina Division of Environmental Management Water Quality Section, NPDES Group, P.O. Box 29535 Raleigh, North Carolina, 27626-0535 The NOI must be accompanied with a general permit filing fee of $400.00. The check should be made out to the North Carolina Department of Environment, Health, and Natural Resources. THIS SECTION TO BE COMPLETED BY ALL INDUSTRIAL ACTIVITIES: Facility Owner/Operator Information: Name: C-, - 9; 11 11— ✓j ­d -w Address: 2- 500 Cj ; c� Ig f d City: i 15' State: YU L Zip: Z k 9 r Phone: ( 919 1 7- 43 -y r r- Facility Location Information - Name: cq -%: I I T__,� - Address: 2 S to W Ica City: ci I s State: r'L Zip: 27 d 9 -- County: I So Phone ( 9r9) 2y 3- NOI 06 Page 1 Physical Location information: (Street address, state road number, distance and direction from roadway intersection, Bost attach a copy of a county map or USGS quad with the location of the facility marked on the map.) Z 50o W rI ca 61.J 360 Y--Jr 1�, H� �• .� (✓ Ac. t5 1 f( r_ _ L.- [Agency use only: Lattitude Longitude I STANDARD INDUSTRIAL CLASSIFICATION (SIC CODE): Z4o8 (for activity for which the facility is primarily engaged) DESCRIPTION OF INDUSTRIAL ACTIVITY/PRODUCTS MANUFACTURED AT THIS FACILITY: OU CL 41 ) i c Ji This is an 1- existing facility or a _ proposed facility. If proposed, date operation is to begin Stormwater discharges to 5;a�, — It— d' �`'X (name of receiving water or, if to a separate storm sewer system, name of the separate storm sewer system) - A. Does this facility have any NPDES Permits? _yes k no If yes, NPDES No. B. Are vehicle maintenance activities occurring on site? _ yes ZC no C. Does this facility employ any best management practices for stormwater control? -yes X no D. Number of stormwater discharge points? `I E. Is this facility a Hazardous Waste Treatment, Storage, or Disposal facility? _yes ) no F. Is this facility a Small Quantitiy Generator (less than 1000 kg. of hazardous waste generated per calendar month) of Hazardous Waste? _yes Y_no Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per calendar month) of Hazardous Waste? _yes Lno NOI 06 Page 2 I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. signature date 11O'1' haIsy,— name of person signing above (printed or typed) title North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for similar offense.) NOI 06 Page 3 State of North Carolir Department of Enviro ent, 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 10, 1994 Richard S. LaFrenze Cargill, Inc. - Nutrena Feeds 2500 Wilco Blvd. Wilson, NC 27893 Subject: NPDES Stormwater Permit Application Cargill, Inc: Nutrena Feeds 2500 Wilco Boulevard NCS000299 Wilson County Dear Mr. LaFrenze: On May 6, 1994, Cargill, Inc.- Nutrena Feeds submitted a Notice of Intent (NOI) requesting permit coverage under General NPDES Permit NCGO60000 for stormwater discharges from the Wilco Boulevard facility. The stormwater from this facility discharges to Hominy Swamp a class C, Sw, NSW stream. The Water Quality staff has reviewed the NOI, the type of activities that take place on the site, and the water quality history of the site. Our conclusion is that the requirements of NCG060000 are not appropriate for this facility's stormwater discharges. Specifically, a history of violations and discharges of fats and other lipid compounds into the surface waters of the State reveal the potential for this facility to adversely impact the receiving waters of Hominy Swamp. Cargill, Inc.- Nutrena Feeds should prepare and submit an individual NPDES stormwater permit application for this facility.The individual application process requires more detailed facility information than does the general permit NOI process. Please fill out the enclosed EPA forms 1 and 2F and return them by December 16, 1994. The $400.00 fee which you have already paid for your general permit will be directly applied to the individual application for which the fee is also $400.00. Therefore, this change does not require you to submit any additional fees. Please note that your file has been assigned number NCS000299 and make reference to this number in any correspondence you may have regarding this permit application. If you have any questions, please contact Mr. Steve Ulmer at (919) 733-5083 extension 545. cc: Raleigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Selrenly� Coleen I s, P.E. Supervisor, Permits and Engineering Branch Telephone 919-733-7015 FAX 919-733.9919 50% recycled/ 10% post -consumer paper - Ki t Nri�7i DUCICTS S1G 2b L 571 c 2 / T�6zJcco P/zojjuCTS� S�(m4T7� p c 4 .NI TRITU'. R/lT2aCz��l 3�� Pis G RAC3 CoI TE - - MAx 44.q Ms(Q- 1-7 - AV 1,22 9l o 1.03 - - -- MIN- /MAK /o • 3 AvCI�j -4: ( 302 P�s - 970..0�-_.- 5.3 / 2.►Z ro>T�> &� (k I Npa-Erp 5) c, C,>D 1). DI T K t� r\A M,4 x AvG i55D,-b 1.0 13&0. 0 44.9 0 _.. 1)- 94 --- M A)( . D . Z - ---- - b �i - -- - ---- Av��. boos MAX ( 4� 1.357 - - AVC) 0.23 no .�-TOTAL — MAX 13 . S 12.02 �•3S -- AV 1. 29 (• 2� --- --------- AQsEn11C-'%T<t l� . -- - -- - ... ----- - -MInf �.DD$. - D. DO$ --- -- M4)c O.05b a.0?(p SELEnJIUM TOTAL _-- ►+OAK 0. 03 D, o! AN 4 Gang co ►-Tos I-rtE. MIN 6. o' I Q 0' cq - - _ Avg '_. D,23--- — -.. -- --_ O• l2 - Cl as a corrp os ITS N1A-- AJc-, 3� ZIr.IC.� TDTAI — Miq O,oz_ 0.02 -- IMAX O. 9-4 O--iS'1 n\1c� O.23 O, 21's q) To-rA L O2C4k N (C- CA R 13 -N — —... - --- -- - -... ---- -- ►•nIN.-- MA)( 1 D.03 Svc p , I q D. O2 C 1 CcoNT A. --- � P� �JpIS TOTAL b05 n M AY AV C--1. L FATE T S MItj $.5 9•(o ---- MAx. 135 - - 48•--- AVC,. r. 8' CH�ZP►�lvr TD�4 r�t►.1 o, c�1 _. p. of � ----- Avg, - -- - — — -MAX..'--- -- ---- - AW'- - D105