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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 �vaturallg 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