HomeMy WebLinkAboutNCS000311_APPLICATION_20061017STORMWATER DIVISION CODING SHEET
PERMIT NO.
NCS 0oo3I t
DOC TYPE
❑ FINAL PERMIT
❑ MONITORING INFO
9 APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ ZDolo 101-1
YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Anthony Longo
Chemtura Corporation
214 West Ruby Avenue
Gastonia, North Carolina 28054
Dear Mr. Longo: -
Division.of Water Quality
Coleen H. Sullins
Director
April 6, 2009
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000311
Chemtura Corporation
Gaston County
Dee Freeman
Secretary
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. Analytical monitoring parameters have been added to this permit. These include pH, Nitrate+Nitrite,
Nitrogen, and Phosphorous.
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.
Wetlands and Stormwater Branch - - One
1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarotlna
Phone:
512 -8 N. Salisbury St. Rale19-807, North Carolina 27604 ����/Nn���
Phone: 919E07-63001 FAX: 919-807E4941 Customer Service: 1-677-623-6748 I L f
Internet: vmumwaterquality.org
An Equal Opportunity l Affirmative Action Employer
Mr. Anthony Longo
Chemtura Corporation
Permit No. NCS000311
6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter
is in this permit, however.)
7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only
applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the
permitted timeframe then the requirements shall apply.
Other permit changes:
1. Additional guidance is provided about the Site Plan requirements. The site map 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. hnformation 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 (please note on approx. May 4, 2009 my email will change to
robe rt.pa tterson@ncdenr. gov)
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office, Dee Browder '
Stormwater Permitting Unit
Attachments
NCS0003 I I
STATE OF NORTH CAROLINA .
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
In compliance with the provisions of North Carolin
standards and regulations promulgated and adopted
Management Commission, and the Federal Water P
is hereby
Chemtura
ute'l43-215.1, other lawful
Carolina Environmental
rol Act, as amended,
from a facility located at
mtura Corporation
W. Ruby Avenue
Gastonia, NC
Gaston County
to receiving waters designated as Catawba Creek, a class C stream in the Catawba River Basin,
in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts 1, Il, III, IV, V and VI hereof.
Note: Drc f Permit Dates are Approximate
This permit shall become. effective .tune 1, 2009.
This permit and the authorization to discharge shall expire at midnight on May 31, 2014.
Signed this 291h day of May, 2009.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS0003I I
TABLE OF CONTENTS
PART I
INTRODUCTION
Section A:
Individual Permit Coverage
Section B:
Permitted Activities
Section C:
Location Map
PART 11
Section A:
Section B:
Section C:
Section D:
PART I❑
MONITORIIN
DISCHARGE
Stormwat,
Analytical
Qualitativ
On -Site V
PERMITTED
STANDARD CONDITIONS FOR NPDES STORM WATER 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
Permit No. NCS00031 I
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
l . Proper Operation and Maintenance
.2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilitie
Section D: Monitoring and Records
/ s
I.
Representative Sampling
s
2.
Recording Results
3.
Flow Measurements���s
4.
Test Procedures %
5.
Representative Ou/tf�l!
6.
7.
Records Retention`
Inspection.and,Ent'ry? -
Section E: Reporting
Requirements
l .
Discharge Monitoring Reports
2.
r
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 D17-FINITIONS
t
Permit No. NCS0003I I
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing.16 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 theNo Exposure Exclusion once
every five (5) years.
Y
SECTION B: PERMITTED ACTIVITIES �.
Until this permit expires or is modified or revoked the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed.in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall.be'in accordance with the conditions of this permit.
Any other point source dischargeao surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I oft
SECTION C: LOCATION MAP
Permit No. NCS00031 I
NCSO00311
Chemttlra Corporation
Chenitura Corp.
Latitude: 350 14' 39" N
Lonaitude: 810 11' 16"
Ccunt{: Gaston
Receiving Stream: Cato-eka Creek
Stream Class: C
SuLiba=in: 03-03-37 (Catavki River Basin)
.:t�ifl �...µ.x,:;�
�P��+ • t1 �iy
Facility Location
Part I Page 2 of 2
Permit No. NCS00031 1
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 Ill, 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 thephysical facility and the
potential pollutant sources which may be expected to confribute to contamination of
stormwater discharges. The site plan shall contain th'e.following:
(a) A general location map (USGS quad angle.map or appropriately drafted
equivalent map), showing the facilitys location in relation to transportation
routes and Surface waters, the an .ofthe receiving water(s) to which the
stormwater outfall(s) discharges, o jifthe4discharge is to a municipal separate
storm sewer system, the name'otfthe municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location neap (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 torwhich a TMDL has been established, and what the
i
parameters) of concermate.
North Carolinas 303,(d) List can be found here:
http://h2o.cnr.state:nc.us/tmdl/General_303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.nc.us/tmd]/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 I of 10
Pennit No. NCS0003I I
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a,
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the tei
the methods of operations and/or stot
of materials and processes to stormw
prevent exposure of all storage areas,
manufacturing or fueling op(
not practical, the stormwater
diverting the stormwater run
feasibility of changing
Late or reduce exposure
:al, the permittee shall
ial,handling operations, and
.as where elimination of exposure is
On shall document the feasibility of
areas of potential contamination.
(b) Secondary ContaimnentaRequiremen[s and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title I❑ of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals, and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part I I Page 2 of 10
Permit No. NCS00031 1
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good
maintenance and good housekeeping progran
all stormwater control systems,.stonnwater di
surface waters and wetlands, industrial activit
material handling areas, disposal areas, prone
haul roads), all drainage features and structure
program shall establish schedules of inspectic
activities of stormwater control systems,as w
facility systems that present,a potential for-stc
ng
eloped. The program shall list
ills, all on -site and adjacent
iding material storage areas,
ing and unloading areas, and
ra structural BMPs. The
maintenance, and housekeeping
as facility equipment, facility areas, and
water exposure or stormwater pollution.
Inspection of material handling.areas and regular cleaning schedules of these areas shall
be incorporated into the program\,Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
l 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 I I Page 3 of 10
Permit No. NCS0003I I
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan. -
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days -separating inspection
dates (unless performed more frequently than ,semi/a"nnually)"these facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit. "/V \�
9. Implementation. The permittee shall i
shall include documentation of all me
activities, and training provided to err
of actions taken to implement BMPs.�
vehicle mainfenance activitie\Such
five years and made available,to the G
immediately upon request.
!nt thesPlan. Implementation of the Plan
;,,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 11 Page 4 of 10
Permit No. NCS0003I I
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed daring 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 rain producing a discharge begins again within the
next 10 hours. I
�r
Table 1. Analytical Mon toring Requirements
Discharge
Measurement Frequencyt
Sample
Sample
Characteristics
Units
Type2
Location3
Nitrate + Nitrite (NO3+NO2)
mg/L
f semi-annual
Grab
SDO
Nitrogen, Total
m>/L
/ sepii-annual
Grab
SDO
Phosphorous, Total
mg/L.\,
t\ �— semi-annual
Grab
SDO
1-I
standard
semi-annual
Grab
SDO
Total Rainfall' /,
� inchese„'
semi-annual
ain Gauge
Footnotes: _.../j
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.
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 I I Page 5 of 10
Permit No. NCS00031 1
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. Monitorine Schedule
Monitoring periodt'2
Sample Number
I Start
End
Year I — Period 1
1
June 1, 2009
November 30, 2009
Year 1 — Period 2
2
December 1, 2009
May 31. 2010
Year 2 — Period 1
3
June 1, 2010
November 30, 2010
Year 2 —Period 2
4
December,], 201'0
May 31, 2011
Year 3 — Period 1
5
June I, 20f•l
o November 30. 2011
Year 3 — Period 2
6
December 11`20 f 1 j
May 31, 2012
Year 4 — Period 1
7
June`�l, 2012�
November 30, 2012
Year 4 — Period 2
8
Decembet-1, 2012
May 31, 2013
Year 5 — Period 1
9
/,' >June.I 2,013
November 30, 2013
Year 5 — Period 2
10
December 1, 2013
May 31, 2014
Footnotes:
I Maintain semi-aimual monitoring
monitoring until the renewed pert
2 If no discharge occurs during the
Flow" within 30 days of the end c
process. The applicant must continue semi-annual
permittee must submit a monitoring report indicating "No
cling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The perniittee shall compare monitoring results to the benchmark values in
Table 3. The benchmark values. in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater. Pollution Prevention Plan (SPPP),. Exceedences of benchmark values
require the perniittee 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
Nitrate + Nitrite (NO3+NO2)
mg/L
10
Nitrogen, Total
mg/L
30
Phosphorous, Total.
mg/L
2
PH
standard
6-9
Part I I Page 6 of 10
Permit No. NCS00031 1
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
for any parameter at
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 cont rols;�erational controls, or physical
improvements to reduce concentrations of the parameters ofconcern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One respon e'in the. Stormwater Pollution Prevention Plan.
Include the date and value of the benclimark'exceedence, the inspection date, the personnel
conducting the inspection, the selected aetions,%and the date the selected actions were
implemented.,
Tier Two
If: During the term of this permit, the first valid sampling results are above the benchmark values,
or outside of the benchmark range, for any specific parameter at a specific discharge outfall two
times in a row (consecutive);
Then: The permittee shall:
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 Plow:"
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part I I Page 7 of 10
Permit No. NCS000311
During the tern 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 con ls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to_qualify for the No Exposure
Exclusion.
This site discharges to impair
nutrients (nitrogen & phospho
for this segment of Catawba C
for the pollutant(s) of concern
monitoring results in deternvr
of concern to the maximum e:
iperienoing problems with biological integrity and
:al,Maximum Daily Load (TMDL) has been approved
Lake Wylie watershed. Monitoring has been added
the TMDL. The Division will consider.the
additional BMPs are needed to control the pollutant(s)
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable
for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan.
Part 11 Page 8 of 10
Permit No. NCS0003 I I
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 SPPPr
Table 4. Qualitative Monitorin g Requirements
Discharge Characteristics
Frequency]
Monitoring
Loeation2
Color
semi-annual , i ,
\'� SDO
Odor
semi-annual fj
)i`SDO
Clarity
l
semi-annual i
SDO
Floating Solids
�, semi -'annual
SDO
Suspended Solids
;.semi an ual
SDO .
Foam
%� semi -`a nual
SDO
Oil Sheen
\ semi-annual
SDO
Erosion or deposition at the
----'semi-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
Part II Page 9 of 10
Permit No. NCS000311
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitorine Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc t
Sample
TypC2
Sample
Location3
I -I
standard
semi-annual
Grab
SDO
Oil and Grease
m g/I
semi-annual
Grab
SDO
Total Suspended Solids
mg/I
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual //I
Rain gauge
New Motor Oil Usage
I gallons/month
semi annual\
Estimate
Footnotes:
I Measurement Frequency: Twice per year during a re
permit is issued for this facility or until this permit is
the permittee has submitted the appropriate paperwoi
permittee will be considered for a renewal applicatio
the renewed permit is issued. See Table 2 for schedu
cycle. f tj
2 If the stormwater runoff is control
pond shall be collected within the
3 Sample Location: Samples shall
stormwater runoff fi om area(s) y
4 For each sampled ri
gauge reading must
in event; for each year until either another
nded. If at the end of this permitting cycle
)ermit before the submittal deadline, the
,must continue semi-annual monitoring until
periods through the end of this permitting
i pond a grab sample of the discharge from the
from the pond.
stormwater discharge outfall (SDO) that discharges
ance 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
pernittee 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
Permit No: NCS0003I I
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY'
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time
applying for renewal under this permit: The Stormwat
implemented prior to the beginning of discharges fron
updated thereafter on an annual basis. Secondary con
2(b) of this permit shall be accomplished prior to the l
industrial activity. /f
2. Duty to Comply
facilities Atpermitted and
Prevention Plan shall be developed and
)n of the industrial activity and be
specified in Part 11, Section A, Paragraph
discharges from the operation of the
The permittee must comply with all'eonditioris,of this individual permit.- Any permit noncompliance
constitutes a violation of the Clean Water Actand is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
The permittee shall comply,with standards or prohibitions established under section 307(a) of the
Clean Water Act foe toxic pollutants within the time provided in the regulations that establish these
standards orprohibitions, even if the permit has not yet been modified to incorporate the
requirement. .
b. The Clean Water Act provides that any person whoviolatesa 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 S 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
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
PartI l l Page I of 8
Permit No. NCS00031 I
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 penalty not to exceed $125,000.
3. Duty to Mitigate
tte
4.
5.
6.
8.
9.
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 front any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-2153, 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. \ r
Oil and Hazardous Substance Liability
Nothing in this individual permit shall be cot
the permittee from any responsibilities, habit
under NCGS 143-215.75 et seq. or Section 31
Property ieltts _ ���
The issuance of this individual�iit does n
property, or any exclusive privileges, nor d'o(
�'
personal rights, nor any infringementbf Fed(
Severability A )r/
institution of any legal action or relieve
ihich the permittee is or may be subject to
33 USC 1321.
covey 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.
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.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part I I I Page 2 of 8
Permit No. NCS00031 1
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration
authorization to discharge beyond the expiration date, the permi
required by the agency authorized to issue permits no later -than
permittee that has not requested renewal at least 180 days prior
have a permit after the expiration and has not requested reheiva]
subjected.to enforcement procedures as provided in NCGS\§14'
2. Transfers
This permit is not transferable to any
Director may require modification or
incorporate such other requirements
required to notify the Diviston.in v
3. Signatory Requirements
All applications, reports,,6rinl
a. All applications to be
date�/In order to receive automatic
tee,shall submit forms and fees as are
I80'days prior to the expiration date. Any
o'expii'ation, or any permittee that does not
at least-180 days prior to expiration, will be
-2153.6 and 33 USC 1251 et. seq.
t'after'notice to and approval by the Director. The
id ter ssuance of the permit to change the name and
eseary 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) "fire 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
Permit No. NCS00031 t
4.
5.
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 penaltiesfor submitting false information,
including the possibility of fines and imprisonment for knowing violations."
The issuance of this individual permit does not
individual permit, revoking and reissuing the it
allowed by the laws, rules, and regulations con
and 123; Title 15A of the North Carolina Adm
General Statute 143-215.1 et at. , I/
Permit Actions
The permit may be me
changes or anticipated
SECTION C: OPERATION AND MAIN
I. Proper Operation and Maintenance
actor from reopening and modifying the
or terminating the individual permit as
Code of Federal Regulations, Parts 122
Subchapter 211 .0100; and North Carolina
or terminated for cause. The notification of planned
not stay any individual permit condition.
ANCE 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.
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. Bynassim_ 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 I I Page 4 of 8
Permit No. NCS00031 I
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineeringjudgment to prevent a bypass 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
I. Representative Sampling
Samples collected and measurements taken,,as required'hereinS hall be chaFacteristic of the volume and
nature of the permitted discharge. Analytical samplin&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 dischargejoins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not changed without notification to and approval of
the Director.
2. Reeordin, Results
For each measurement, sample,.inspection or'maintenance activity performed or collected pursuant to the
requirements of this individual pemit,'the perrittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
(
b. The individual(§) who pert rrmed 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. NCS0003I I
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. presentative Otufall
If a facility has multiple discharge locations with substantially identical stormwatcr 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 tile 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 monitorit instrumentation, and copies of all
reports required by this individual permit for a period of atleast 5 years from the date of the sample,
measurement, report or application. This period may be extended request of the Director at any time.
Inspection and Entry � �����
The permittee shall allow the Director, or an'authoraed 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-representalive 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 per`mittee's p uses where a regulated facility or activity is located or conducted,
or where records �must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall.be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating `NO FLOW" as per NCAC T15A 02B .0506.
Part I I I Page 6 of 8
Permit No. NCS0003I I
4.
5.
Ga
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 D WQ'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 N
Act, 33 USC 1318, all reports prepared in accordance
at the offices of the Division of Water Quality. As re(
considered confidential. Knowingly making any false
imposition of criminal penalties as provided for inNC
Non-Stormwater Discharges
If the storm event monitored
discharge, the permittee shall
discharge permit and provide
Planned Cham,es
'215.3(a)(2) or Section 308 of the Federal
terms `shall be available for public inspection
the Act, analytical data shall not be
it on any such report may result in the
2-15.6B or in Section 309 of the Federal Act.
permit coincides with a non-stormwater
all parameters as required tinder the non-stormwater
th the stormwater discharge monitoring report.
The permittee shall give hotice 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
requirementincludespollutants 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.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
Part III Page 7 of 8
Permit No. NCS0003I I
9
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 submit
individual permit or in any report to the Director, it shall pi
24 hour reporting at the time
facts in an application for an
it such facts or information.
Part III Page 8 of 8
I�CK.YIIIIIId�I
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 iretimely manner in
Division to initiate action to revoke the Individual Perm
I. Act
See Clean Water Act.
2. Arithmetic Mean
3.
4.
other requirements in the
MONITORING FEE
g fee within 30 (thirty) days after being billed by
with 15A NCAC 21-1 .0105(b)(4) may cause this
DEFINITIONS
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
Allowable Non-Stonnwater Discharges
This permit regulates stormwater discharges. Non-stornnvater 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
fleshings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page I of
Permit No. NCS000311
5
M
7.
8.
9.
10.
I1.
12.
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
Clean Water Act
The Federal Water Pollution Control Act, also known
USC 1251, et. seq.
Division or DWQ
The Division of Water Quality, Department of EnJiror
Director - �
The Director of the Division of Water,Q�ity, the,per
EMC
(CWA), as amended, 33
Resources.
issuing authority.
The North Carolina Environmental Maha,;ement Commission.
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.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal "facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowntelt, 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. NCS0003I I
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 terns and conditions described in 40 CFR § 122.26(g).
16. Overburden
Any material of any nature, consolidated or.unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permittee
18.
19.
20.
21
22.
23.
The owner or operator issued a permit pursuant to this individual permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance inc
channel, tunnel, conduit, well, or discrete fissure from
of the state.
Representative Storm Event
r,-
i
but not specifically limited to, any pipe, ditch,
dormwater is or may be discharged to waters
A storm event that measures greater than 0.1 inches of iiainfall'and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inch& as occurred. A single storm event may contain up to 10 consecutive
hours ofnoprecipitation. For example, if it'rains fOr2,flonrs without producing any collectable discharge, and then
of
stops, a sample may be collected'if a rain producing
a discharge begins again within the next 10 hours.
Representative Outfall Status
When it is established thaftli discharge,o 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 \_— i'
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 chemicalcategory 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 of1986;.
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
That meets at least one of the following criteria:
Part VI Page 3 of 5 Pages
Permit No. NCS0003I I
(1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants),
Table 111 (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
by delays in production. ! j > \n
25. ..Significant Materials
Includes, but is not limited to: raw materials; fuels
Pellets; finished, materials such as metallic product,
hazardous substances designated under. section-101
,I
report pursuant to section 313 of Title III of•SARA
slag and sludge that have the potential to be release
26. SienificantSpills '
Includes, but is not limited to: eel aels
under section 31 1of the Clean Water
CERCLA (Ref: 40 CFR 302.4).
'27. Stormwater Runoff
di; such as solvents, detergents, and plastic
taterials used in food processing or production;
11
CERCLA; any chemical the facility is required to
zers; pesticides; and waste products such as ashes, -
stormwater discharges.
At or hazardous substances in excess of reportable quantities
(Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of
The now of water which results from precipitation and which occurs immediately followingrainfall or as a .
result of snowntelt.
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 maxinuim 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. NCS00031 I
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 andmaintainwater quality standards in all seasons. TheClea i Water Act, Section 303, establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
34
35.
36.
37
Any pollutant listed as toxic under Section
Upset
Means an exceptional incident
technology based permit effluc
permittee. An upset does not i
designed treatment or control f
maintenance, or careless or mall
Act.
is' unintentional and temporary noncompliance with
ecause of factors beyond the reasonable control of the
pliance to the extent caused by operational error, improperly
luate treatment or control facilities, lack of preventive
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
r
Beverly Eaves Perdue
Governor
DATI?: April 8, 2009
To: Gaston Gazette
Fax: 704-884-3031
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
FROM: SARAll YOUNG, DIVISION OF WATER QUALITY
SUBJECT: PUBLIC NOTICE
PAGES: I
Dee Freeman
Secretary
Please publish only the information (Public Notice)Aelek ONETIME in the legal section of your paper by Tuesday, April 14, 2009. Please
fax a copy of the proof to nre at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the
invoice and hyo copies of the original affidavit to:
Sarah Young
NCDENR/DWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807.63001 FAX: 919-807.64941 Customer Service: 1-877-623-6748
Internet: my.ncwaterquality,org
An Equal Opportunity 1 Affirmative Action Employer
No thCarolina
Naturallrff
MC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
PUBLIC NOTICE
Natural Resources
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
Dee Freeman
Secretary
Chemtura Corp., 214 West Ruby Ave., Gastonia, NC 28054 has applied for an NPDES Stormwater Permit to
discharge stormwater associated with industrial activities at a facility located at the above address, Gaston County.
The facility discharges to waters designated as Catawba Creek, within the Catawba River Basin. The draft permit
number is NCS000311.
Lubrizol Advanced Materials, Inc., 207 Telegraph Dr., Gastonia, NC 28056 has applied for an NPDES Stormwater
Permit to discharge stormwater associated with industrial activities at a facility located at Lubrizol Advanced
Materials, Inc., 207 Telegraph Dr., Gastonia, INC, Gaston County. The facility discharges to waters designated as an
unnamed tributary to Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000321.
Color Mate Incorporated, PO Box 2566, Gastonia, NC 28053 has applied for an NPDES Stormwater Permit to
discharge stormwater associated with industrial activities at a facility located at Color Mate Incorporated, 5025 S York
Rd, Gastonia, NC, Gaston County. The facility discharges to waters designated as an unnamed tributary to
Crowders Creek, within the Catawba River Basin. The draft permit number is NCS000163.
Copies of the draft permits, Nos. NCS000311, NCS000321, and NCS000163 are available at the following website:
http://h2o.enr.state.nc.us/su/publicnotice.htm
Or, for NCS000311, by contacting:
°—21 Patterson
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-807-6375
robert. patterson(o-)ncmai I. net
For NCS000321 and NCS000163, by contacting:
Brian Lowther
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-807-6383
brian.lowther@ncmail.net
Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in
writing to the above address no later than May 14, 2009. All comments received prior to that date will be considered
in the final determination regarding permit issuance. All comments and requests should reference the appropriate
draft permit number.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service. 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmable Action Employer
Nor thCarolina
Naturally
04/09/2009 11:19 7046843031
PAGE 01/03
/ l he V
1r r�
www.gastong6utte.com
IN PRINIONLINE, i&I
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Phone:704-869-:1742 Fax:704-884-3031
To: Sarah Youmj
NC Dept of Environmental &
Natural Resouces,
Division of Water Quaiity
Fax:919-807-6491
Phone:919-807-6300
Re: Proof of legal notice
Comments:
Email: beberli(a)gastongazette com
From: Bernadette
Pages: 3
Date: April 9, 2009
CC:
APR 0 9 2009
Good morning, Sarah. Following is a proof of your legal notice for Stormwater Permits
scheduled to publish in The Gazette one time only on Tuesday, April 14, 2009. Cost is
$269.75. Please advise before 4pm Friday, ,April 10 if changes are needed. Thanks!
04/09/2009 11:19 7048843031
Page
PAGE 02/03
Order Number
PO Number
Customer
Contact
Addressl
Addressl
City St Zip
Phone
Fax
Credit Card
Printed By
Entered By
Keywords
Notes
Zones
PUBLIC NOTICE
STATE OF NORTH
CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSION
1617 MAIL SERVICE
CENTER
RALEIGH, NORTH
CAROLINA 27699-1617
Chemtura Corp., 214 west
Ruby Ave., Gastonia, NC
;:28054 has applied for an
, NPDES Stormwaler Permit r
to discharge slormwater
associated with industrial
activities at a racility lo-
cated at the above a0.
dress, Gesion County. The
/acuity discharges to we.
lers designated as Ca
tawba Creek, within the
Catawba River Basin. The
draft permit number is
NCS000311.'
Lubrizol Advanced Materi-
als, Inc.. 207 Telegraph
Dr., Gastonia, NC 29050
has applied for an NPDES
Slormwator Permit to dis-
charge stormwater associ-
ated with industrial activi-
ties at a facility located al
Lubrizol Advanced Mate-
rials, Inc., 207 Telegraph
Or., Gastonia, NC, Gaston
County. The facility die.
.,charges to waters desig.
nated as an unnamed trio
ulary to Crowdera Creek,
within the Catawbe River
Basin. The drag permit
number is NCS000321
Color Male Incorporated,
PO Box 2585, Gastonia,
NC 28053 has applied for
an NPDES Stormweler
Permit to discharge storm -
water associated with in-
dustrial activities at a facil-
Ity located at Color Mate
Incorporated, 5025 S. York
Rd., Gastonia, NC, Gaston
County. The facility dis-
charges to waters desig•
1 of 2 04109/2 J09 11:04:01
Ad Number
54430041
Ad Key
Salesperson
302923" NCDENR/DW01SIOrmwater
Sarah Young
PermPublication
Sectioniit
1617 Mail Service Center
Sub Section
Category
Raleigh hIC 276991617
Oates Run
(919) 780-7638 x8
Days
(919) 733.0719
Size
Words
Bernadette Eberli
Ad Rate
Bernadette Eberli
Ad Price
Amount Paid
NPDES StoAmount Due
rmwater Permits: Chemtura Corp. NCS000311
54457945
68 - Bernadette Eberli
Gazette
Classified Section
Classified Section
Legals 000
00/00/0000-00/00/0000
0
1 x 12.35, 119 lines
326
L2 - Gaston
0.00
0.00
0.00
04/09/2009 11:19 7048843031
Page :2 of 2
041a9/2009 11:04o1
PAGE 03/03
Order Number:
54430041
Ad Number
Ad Key
54457945
PO Number •
Customer
Contact
30292309 NCDEhR/DW
Salesperson
Publication
Publication
68 - Bernadette Eberli
Gazette
Addressl
Q/Storm
Sarah Young
Classified Section
•
Address2
1617 Mail Service Center
Sub Section
Classified Section
City StZ1p
Phone
Raleigh NC 276991617
(919)780-7636
Category
Dates Run
Days
- Legals 000
00/00/0000-00/00/0000
Fax
x8
0
Credit Card
(919) 733-0719
Size
Words
1 x 12.35, 119 lines
Printed By
Entered By
Bernadette Eberli
Ad Rate
L2 - Gaston
Bernadette Eberli
Ad Price
0.00
Keywords
Notes
NPDES Slormwater Permits: Chemtura Co
Amount Paid
Amount Due
0.00
0.00
Zones
rp. NCS000311
•-natetl as an unnamed Trib-
utary to Crowders Creek, ;cf� within the Catawba River
Basin. The draft permit
number Is NCS000163.
Copies of the draft permits,
Nos. NCS000311,
NCS000321, and
NCS000163 are available
et tho following wobslle:
1114:020 en slate r
sWoubll oncti a htm
Or, for NCS000311, by
contacting:
Robert Patterson
NC Division of Water
Qualify
1617 Mail Service Center
Raleigh. NO 27699.1617
Telephone Number:
(919) 807-6375
robertoatta no('1
ncm II net
For NCS000321 and
NCS000le3, by ?.I'
contacting:
Bran Lowther
NO Division of Water
Quality
1617 Mall Service Center
Raleigh. NO 27899.1617
Telephone Number.
(919) 807-6383
brian lowtherro) .i no
Persons wishing to cam.
ment upon or object to the
Proposed determinatlon
are invited to submit their
comments In writing to the
above address no later
than Mav 14 2009. All
comments received pdor to
that date will be considered
In the 8nol determination
mit Issuance.Amerand requests
should reremnca the ap.
pmpriale draft permit num-
her
1C-April 14, 2009.
AFFIDAVIT OF INSERTION OF ADVERTISMENT
The Gaston Gazette
Gastonia, N.C.
Gaston County
The Gaston Gazette does certify that the advertisement for:
NPDES Stormwater Permits: Chemtura Corp. NCS000311/Lubrizol Advanced Materials,
Inc.
Measuring 12.35 inches appeared in The Gaston Gazette, a newspaper published in
Gaston County, Gastonia, N.C., in issue(s):
04/14/2009.
Name of Account: NCDENR/DWQ/Stormwater Permitting Unit
Order Number: 54430041
Ad Number: 54457945
Sworn to, and subscribed before me this 21 st day of April, 2009.
My Commission Expires July 4, 2012
O6
6
SKIN,
m
a
11
o
OM-,
r
NCS000311 w i rhcatio�infonnation
Recommendations: Based on the documents rreeviewed, the apsubmitted on October 17, 2006
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature)// • _ Date Jok
Stormwater Permitting Unit Supervisor! _ — �te z D
Concurrence by Regional Offic(��.Y7�"� Date i ZS D
Water Quality Supervisor— �'-- Date 27)4)�Z>�
Regional Office Staff Comments (attach additional pages as necessary)
(-e C-6
C-4\-k. L-cam ✓ z cl 0
A.
t
ECEIVE
APR 0 3 2009
Page 6 of 6
Re: NCS00031 I Chemtu a
Subject: Re: NCS000311 Chemtura
From: Dee Browder <dce.browder a ncmai1.net>
Datc: "Cue, 03 Feb 2009 09:51:15 -0500
To: Robert Patterson <Robert.Patterson a ncmai1.net>
I cannot find my comment sheet for this project. I would like for you to include the
paperwork for representative outfall status and some language about them keeping tabs
on the material that they store outside. Clean pallets and empty drums. These are
stored temporarily so they need to keep some records on maintaining that area.
I will look for the form later today. Am out in the field the rest of today.
Dee
Robert Patterson wrote:
The sw from the containment area only has to go to WWTP or pump & hauled if it is
contaminated.
I think the wording of the drum storage is fine.
Any valves/outlets from the sec. containment areas must be closed while
loading/unloading. Plus they should be kept closed and only opened once the sw
has been observed to be clean and able to be released to surface drainage. If
there is an inlet near the loading/unloading area, then they could temporarily
cover or block it off while they are loading/unloading.
Robert
Dee Browder wrote:
I was referring to secondary containment for their raw chemical storage, not
for these new 55 gallon drums. I heard that if they went the No Exposure route
that the storm water liquids would need to go to a WWTP.
The new drums are stored (exposed) for a temporary period (outside) along with
a small number of pallets. The area surrounding this storage is well kept. My
question about this is. What kinda of detail would you like to see noted about
this kind of product when it comes to No Exposure Approval?
Would this work.
New 55 gallon drums and pallets are stored on a concrete pad for a Maximum
of x days.
Note: Should detail be kept by facility that illustrates that this
conditions is adhered to?
Next question. I have seen a variety of weird piping associated with the raw
product unloading at several facilities.
Most valves are coming out of (or outside) the side of the containment
structure that the raw material are unloaded into. Do we have any expectations
for procedures regarding unloading material? Should any consideration be given
for how close a storm drain is down hill in the paved area? I have had a few
"debates" of sort with a few facilities and am wondering how much we really
need (or can ) be involved with safe unloading. These guys don't want to loose
their chemicals, so they have some pretty controlled procedures for offloading
material. Have I overlooked something that define how we should look at this
aspect on site?
Thanks to both of you for your help on this and I will pass along the details
to the applicant.
Just a note: This is a clean and well operated facility.
Dee
Bethany Georgculias wrote:
Dee,
I agree with Robert -- I don't think SW that contacts a newly painted (and
temporarily stored) drum needs to go to a WWTP. We might think twice about
of3 2/3/2009 11:01 AM
Re: NCS000311 Chemtura
that if this place manufactures 55 gal drums, and they're storing hundreds
of them outside after fresh coats of paint (but wouldn't they want to cover
those to keep from having to tip the water out every time it rains?) ... but
even then, they might have a sound case for NE because those drums are a
final product that would be exposed elsewhere anyway. Used drums are a
totally different story, and that would *not* constitute No Exposure.
Contaminated SW in a secondary containment structure would need to go to
treatment, but we are not likely to approve a NE where a tank is
deteriorating and prone to leaks.
Hope that helps!
BG
Robert Patterson wrote:
Dee,
Bethany -could you comment on 82 below...
1- If they have outfalls that drain the same or significantly similar
areas (similar potential pollutants) and activities, then they could
apply for representative outfall status. The form is located here:
htt2://h2o.enr.state.nc.us/su/Forms Documents.htm#miscforms These
requests are now handled directly by the ROs. See Part III, Section D(5)
for a short description. Note that regardless or representative outfall
status, qualitative monitoring must be performed at all outfalls.
2- They could apply for NE. I would think that temporary storage of
painted NEW drums would be fine; similar to new pallets. I'm not aware
of the containment contact sw to a WWTP issue. Will have to look into
it. The NE application form is found at the same link as in #1 above.
3- That is for sure an option at the next renewal. They could always ask
for a modification midterm after a number of samples, but we would want a
sufficient number of samples to provide an adequate picture of what's
going on in the sw. I would say that we would want at least 3 years (6
samples) of data to review.
Robert
Dee Browder wrote:
Questions about this site visit.
This site has not done quantitative testing before and because of the
costs associated with testing from their multiple outfall locations
they have questions about reducing the number of quantitative test
outfalls.
1. How can they determine and what information will need to be
documented to remove an individual outfall from the Quantitative
testing requirements.
or
2. Could this facility apply for No -Exposure and what is the policy
regarding temporary outside storage of empty 55 NEW drum.
(It is my understanding that if all the other outdoor activities are
covered and proper containment is provided that they would have to
dispose of containment contact storm water at an approved WWTP) or
3. I don't think that it can but could they apply for reduced
monitoring after a number of sample results have demonstrated that
they are compliant with the analytical parameters.
I want to start this dialog and appogize for not knowing everything I
should about each industrial permit group.
I am hoping that I can educate myself and the permit holder on options
for this facility.
Thanks
Dee
2 of 3 2/3/2009 1 1:01 AM
i'CS000311
5� �o
o
`v�
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
Chemtura Corporation
NPDES Permit Number:
NCS000311
Facility Location:
214 W. Ruby Ave, Gastonia, NC (Gaston County)
Type of Activity:
Plastics materials & resins (primary), Fabricated robber products, Agricultural
chemicals, Surface active agents
SIC Code:
2821 (primary), 2843, 2879, 3069
Receiving Streams:
Catawba Creek, See Figure I
River Basin:
Catawba River Basin, Sub -basin. 03-08-37
Stream Classification:
C
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table I
Response Requested by (Date):
January 5, 2008
Central Office Staff Contact:
Return to: Robert Patterson, (919) 807-6375
Special Issues: —
y Hssu` eV=-03
2',Rit EScale i casy),tr iil idjt:�
Compliance history
1
Benchmark exceedance
_
Location (TMDL, T&E
species, etc)
7
Other Challenges:
—
i
—�
Difficult Rating:
101,40
Description of Onsite Activities:
Plastics materials & resins (primary), Fabricated rubber products, Agricultural chemicals, S,rrface setive agents
Documents Reviewed:
• NPDES Stormwater Permit Application Materials
• National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU File.
Central Files
• EPA Sector -Specific Permit, 2008
303(d) List, 2008 draft, 2006 final
2004 Catawba Basinwide Plan
Page 1 of 6
NCS000311
History:
' • Date permit first issued: October 13, 1995
• Date permit re -issued: April 5, 2002
•' Date name/ownership changed: February 25, 2006 Changed from Uniroyal Chemical Co. to Crompton
Manufacturing Co., Inc.
• Date permittee submitted renewal application: October 1.7, 2006
e Date name/ownership change submitted: December 11, 2007 Changed from Crompton Manufacturing Co`�•`�`
to Chemtura Corp.
S
4 ♦
Page 2 of 6
��d
1-:S000311
NCS000311
N
Chemtura Corporation
Chemtura Corp.
Latitude: 350 14' 39" N
Longitude: 810 11' 16' W
County: Gaston
Receiving Stream: Catawba Creek
Stream Class: C
SuMaan: 03-08-37 (Catawba River Basin)
i
Facility Location
Page 3 of 6
NCS000311 Y
Central Office Review Summary:
1. Owner's Other Permits:
• NCDO03164464 (RCRA ID No.)
2. General Observations:
• Large facility with numerous tank areas; and six (6) sw outfalls.
• Have numerous TRI chemicals onsite w/ secondary containment
• The EPA sector -specific permit has monitoring for Nitrate +Nitrite, Phosphorous, Zinc, Lead, and
Iron. The metals do not appear to be used onsite so they are not included in monitoring. Also, much of the
site activities are under cover.
3. Impairment: Stream is impaired for biological integrity. Poor landuse, livestock access, and urban stormwater- ._
are significant concerns for this drainage basin. This segment has a very old TMDL with limited data for
nutrients. Also, further downstream, Lake Wylie is impaired and has a TMDL for chlorophyll a. This stream is
included in the Lake Wylie TMDL, with nitrogen and phosphorous the pollutants of concern.
4. Threatened and Endangered: None.
5. Industrial Changes Since Previous Permit: Constructed storage area for old equipment, all chemical containers,
and non -hazardous waste on pallets awaiting disposal. Constructed a building for the storage of final materials.
Disposed of or covered old equipment located in Area 4.
6. Analytical Monitoring Notes: None required. None submitted.
7. Qualitative Monitoring Notes: No items of great concern. Summary or results did note a slight oil sheen in
some of the monitoring events. - "-
Revised Permit Recommendations: Analytical t.4onitoring:
1. Add pH, Nitrate +Nitrite, N, P. These are being added due to the Lake Wylie TMDL and the EPA sector -
specific permit.
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.add d 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 I 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 4 of 6
r'Cs000311
Other Proposed Changes to the Previous Permit:
l . 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 mustalso 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 Il 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
fora No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information
is provided in Part I Section A.
Discussions with permittee: Stephen Maccarthy, 704-868-7288, 12/1/08 & 12/3/08
1. Q:. What is stored outside?
a. ANSWER: mainly just tanks with secondary containment
2.. Q: Zinc used in process?
a. ANSWER: no zinc is used onsite.
3. Q: Did they dispose of or cover old equipment in Area 4?
a. ANSWER: disposed of the old equipment due to concerns with exposure to rainfall.
Page 5 of 6
NCS000311
Recommendations: Based on the documents reviewed, the application information submitted on October 17, 2006
sufficient to issue an Individual Stoorrm�fwater Permit.
Prepared by (Signature) 7ze p Date 12-1 3 L 4
Stormwater Permitting Unit
Concurrence by Regional
RO Water Quality
Date
Page 6 of 6
�F W AI'P
0 Michael F. Easley, Governor
:C, G
C117 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
rpmO ~
L'olee�ii H.§uIrnns9
^ r—"OT inn of W-,T)t
December ], 2008 YF� [ .,
MausA 1-I. Simpson
Chemtura Corporation
214 W. Ruby Avenue
Gastonia, NC 28054
Dear Permitee:
DEC - 2 2008
DWB Surface Wafer Profecfion
Subject: NPDES Permit Renewal Application
Chemtura Corporation
Permit Number NCS000311
Individual Stormwater Permit
Gaston County
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS00031I on October 17, 2006.
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.patter,son@ncmai1.net.
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office, Michael Parker
Stormwater Permitting Unit Files
Central Files
North Carolina Division of Water Quality 1617 Mail Scrvice Center Raleigh, NC 27699-1617 Phone (919) 807-6300
Internet: h2o.enrstale.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494
An Equal Opportunity/Aff rmadve Action Employer— 50% Recycled/l0% Post Consumer Paper
NotihCarolina
AWItraUy
Customer Service
1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secrretaaryrdth.
North Carolina Department of Environment and Natural Reso`urces„•,rs
In W. Klimek, P.E. Director
Division of Water Quality
September 5, 2006
6 200;
CROMPTON MANUFACTURING CO, INC. SEp 0
ATTN: KENNETH S POTTS, FACTORY MANAGER, OR SUCCESSOR
214 W RUBY AVE
GASTONIA, NC 28054
Subject: NPDES Stormwater Permit Renewa WATER QUA`,I 1 1
Crompton Manufacturing Co., Inc.
Permit Number NCS000311
Gaston County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000311. This permit expires
on Apri130, 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 in order for the permit to be renewed by April 30, 2007.
Failure to request renewal by; may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending on the delinquency of the request. Discharge of stormwater from your facility without
coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions regarding the permit renewal procedures please contact 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
MrooresviII Regional -Offices
N�am�`ItCarolina
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer —50Y Recycled/l0% Post Consumer Paper