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HomeMy WebLinkAboutNCS000325_APPLICATION_20100914----STORM WATE R-D IVI SI ON-CODI NG -SHEET PERMIT NO. N N�r�o�2s DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO 2 APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ YYYYM M DD C Nisely, Myrl - From: Nisely, Myrl Sent: Tuesday, September 14, 2010 11:31 AM To: 'fga@fehr-graham.com' Subject: Patch Rubber Please forward this to Mr. Daniel Stoehr. A few more ideas occur to me regarding potential sources of Zn in the stormwater at Patch Rubber. 1) Is there perhaps a deposit of dust on the roof? . 2) Raw material handling (Zn stearate) Is it in bags? Are empty bags placed in a dumpster or other outdoor device where contact with rain can occur? 3) Is there galvanized metal exposed to acid rain? It is interesting that high levels persist at both outfalls, suggesting that the Zn is not traveling from one source, or at least not in one direction. Regards, Myrl Myrl A. Nisely <2))))>< Environmental Chemist NC DENR - Div. Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Telephone: (919) 791-4200 or x4255 Fax: (919) 788-7159 myrl.nisely(@ncdenr.aov ><((((°> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. AG® OMER NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Marlo Carter Patch Rubber Company P.O. Box H Roanoke Rapids, NC 27870 Mr. Brian Paluzzi Fehr -Graham & Associates 1920 Daimier Rd. Rockford, IL 61112 Dear Mr. Carter and Mr. Paluzzi: Division of Water Quality Coleen H. Sullins Director November 29, 2010 Subject: Tiered Response to High Zinc Results in Stormwater Sampling Patch Rubber Co. Permit No. NCS000325 Roanoke Rapids, NC Halifax County Dee Freeman Secretary At the invitation of Patch Rubber, I met with four representatives of the company and two Fehr -Graham & Associates consultants on November 17, 2010 to review the efforts made by the company to remedy consistently high zinc analytical results. The two outfalls have shown results consistently above the benchmark target of 0.067 mg/I in the stormwater permit. A concise summary of the analytical data and steps taken in recent months to identify the source of zinc was provided for our discussion. This information showed that Patch Rubber has followed the requirements of the permit by mounting tiered sampling and investigative activities when triggered by test results exceeding the benchmark. After four failed monthly tests, DWQ was called in for this consultation meeting. Comments and highlights of the meeting were these: 1. The company has terminated the use of a zinc slurry in the formulation of its rubber products. 2. A cleaning company was hired to do a thorough cleaning of the floor in the manufacturing section of the building. 3. Sampling of Air Handler #2 (AH#2 on the spreadsheet) showed a very high value on April 21, 2010. This discharges to Outfall # I which is typically the higher of the two outfalls. This air handler is no longer in use as of June 2010, so this source has been eliminated. 4. Sampling of two catch basins (identified on the site map), condensate from the south air handler, and a laboratory release all were below the benchmark. 5. A portion of the roof is made of galvanized metal, so is a source going to Outfall #2. This Outfall serves only the roof downspouts and lawn drains. A downspout sampling in September 2009 showed very high levels of zinc. North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Internet: w ncwaterqualily.org 1628 Mail service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 An Equal Opportunity/Affirmative Action Employer - 50 % Recycled/10% Post Consumer Paper N'oeahCarolina — hrra!!y Customer Service 877-623-6748 '- ti n, Patch Rubber N.' "0' 25 Consultatio'n;*ember 17, 2010 Page 2 of 2 6. A check has been made of the building construction details. Nothing related to zinc was discovered by this inquiry. 7. The low level of the benchmark was discussed. It was explained that the level is set by numerous scientific considerations. Additional Steps Proposed by Patch Rubber a. Collect and test a sample of rainwater that has had no contact with the plant. b. Split samples between two or more labs Additional Items for Consideration Under Current Tier Ulf Efforts a. Continue the search for sources. b. Look into methods (BMPs) for attenuating zinc in the stormwater. Two articles were provided describing retention ponds where test show excellent removal of zinc. Ion exchange column technology, use of activated alumina, and the effectiveness of dry plant leaves as filtering media, especially walnut and poplar, were mentioned in a literature search. c. I incorrectly stated that building a stormwater treatment unit requires an Authorization to Construct from DWQ. The permitting group would like to review the plans, an informal action, but there is no review by Construction, Grants and Loans Section as I had indicated. Simply communicate the proposal to the Stormwater Permitting Unit. d. A single sample upstream (of which outfall?) showed 0.03 mg/l, almost half of the benchmark. Additional upstream sampling may give a better feel for background levels, especially as related to the next point. e. DWQ was asked how many other permittees have the Zn parameter. The permitting group agreed to provide this information, which will be forwarded as soon as it is available. It was noted that consultant Daniel Steohr is leaving Fehr -Graham, so the project will now be directed by Brian Paluzzi. If you have comments or corrections regarding the meeting, please let me know. As your investigations progress, I look forward to further communications. Freely contact me at 919-791-4255 or myrl.nisely@ncdenr.gov. Sincerely, Myrl . Nisely Environmental Chemist Surface Water Protection Section cc: RRO/SWP file Central Files SWPU, Attn. Ken Pickle Patch Rubber Company Summary of Storm Water Analysis Date of Sampling Event: 6.5.09 Dale of Sam He Event: 9.17.0' Date of Sampling Event: 2.25.10 Date of Sampling Event: 3.30.10 Dale of Sam Iin Event: 4.21.10 Notre y FGA/Patch collected for FGA/Patch collected for Orted. ReSam led. Roportod as Benctxnark Exceeoonce reference on[ . Noi re orted. reference onl . Notre ortad. Re nW as Benchmark Exceatlonce Outfaii/ Location Zinc total Zinc total pH COD m /1 0 1 (mg/I) H COD (mg/l) mg/I) O ~ E o Zinc, total Zinc total Zinc total Permit Samples: - ....arty rs d a r w 4 + F' x'.r a.r , ,. ff�y A /,.: hl.A_aV1_,�jy��fe"�N m PH x k,� I,. {. {C.�'+iF COD m /I ) (m /I H `r '11r. f4. 7yt COD m ll m /l ) ( 9 ( PH COD (mg/l) (mgll I, �1a _ 6-.4.r)4. Y7KS�i J4'Sr-ht' D exsiJ"Yvlu✓.'f,wtY�w�.:��i:4 hrTvl '+ '.'a O 001 North 5.1 14.8 0.076 6.34 10 0.796 � m m � � _..s...,:?i) k .,:w:v.t mFrdx ,i`.�. n.dL`m,x r�%, m m 002 South 5.20.253m 6 21 10 0 247 6.3 49.6 0.184 Additional Samples: y, � J - L. 'r "E� 0027 77 20 0938 ,! Downs out 6.16 10 0. ma m •� 'U 3Q U stream 6.04 10 031 0.031 North AH 0.026 =2.9 Condensate m a n a AH #2 Catch Basin #1 Catch Basin 44 0.05 Lab Tap 0.04 South AH 0.017 Condensate 9 0.041 Date of Sam Iin Event: 5.18.10 2 ° e, ° 3 O < LSi.4� c Date of Sampling Event: 7.27.10 o _ = n g 3 0 S 8= 6 m R 3 = n m < o N 00 0. n m < O D c 9 Date of Sampling Event: 10.14.10 n m°' S p F "S ' ii Ra ono as Benchmark Exceedanco Reportetl Outfall/Locatio n pH COD mg/I) Zinc, total (mg/1) as 9anchnurk Exceetlen,a PH COD (mg/I) Zinc, total (mg/I Ra oned as Benchmark Exceedence Zinc, total PH COD (mg/I) (mg/1) (G. 3{Rr]{}k.!ry{ 4CpFYjk''C.iGi� _ Permit Sam les: t . 1�i t �. ii- r. , • r a.. )tA:.:.h 1M'F tM'�. e:'3..rr x IS��.��.y. ''i. YYrSX cr'5 T'4.'/.+"2'k YL 2. 3 . F /.': 7 001 North 6.55 90.4 0.325 002 South 8.01 14.4 0.034 12.8 0.766 7.65 24.5 0.678 6.24 22.4 0.206 6.74 10 0.106 Permit Renrhmarkr_ H COD m /1 Zinc, total in I 6.9 1 120 1 0.067 Bold/Underline indicates exceedence of Permit benchmark Please note: Refer to Section B of the facility's NPDES Storm Water Permit for guidance on sampling requirements and Tier Onefrier Two requirements Joe Mosher and Annette Johnson are trained to collect monthly storm water samples with assistance from Marlo Carter. They also complete Qualitative Monitoring Report. FGA coordinates delivery of sample containers from TriTest and provides chain with FGA sample #. TriTest bills FGA. Storm water report (SDO) must be submitted no later than 30 days from receiving analytical report. Don't submit reports or Qualitative Monitoring Report. QMR must be completed even if no 'representative storm event". Refer to Tier Two response file folder for facility's response actions. 1 i itch basin #1. 0.050 mg/L J 0.029 mg/L Lab). 0.017 mg/L I South air handler. 0.041 mg/L Notes: Storm water permit "Benchmark" for Zinc is 0.067 ml Samples were collected 3.30 10 after a period of precipitation. No precipitation during sampling. Zinc levels in catch basins may be elevated due to concentration as water accumulates in pit. No discharge at Outfa11001. No sample collected. Air handler #2 services the Calendar Lines. Air handler for Banbury (03) not in operation. No sampi Air handles discharge directly to Outfall 001. Comments: No surprise that an air handler is a large source of zir However, I didn't expect Calendars to be a source for zinc. Zinc in catch basins and Outfall 002 indicates storm water run -oft from roof and/or airborne dust are sourc of zinc as well as air handlers. It appears that zinc level decreases as it progresses through catch basins to OF002. Zinc in drinking water is only 0.050 mg/L less than permit benchmark 1 Laser Cutter Stacks 10 Band Heating Area 2 OII/Water Separator 11 10,000 GAL Hydrotreated Naphthenic Oil 3 Storm Water Outfall 002 12 Propane Tank 4 Storm Water Outfall 001 13 Banbury Dust Collector 5 RPSD Discharge Sample Point 14 Empty Containment Structure 6 Trash Compactor 15 Tank Farm' 7 Trash Rolloft 16 Tank Farm Unloading Area W/ Containment 8 Tape Line Stacks 17 Tank Farm Unloading Area Containment Drain Valve 9 Used Oil Storage Building 18 Tank Farm Unloading Overflow Containment ' - 1 x 10,000 GAL Heptane - 2 x 5,000 GAL Heptane -2 x 2,000 GAL Cleaner Fluid C E Permit: NCS000325 SOC: County: Halifax Region: Raleigh Compliance Inspection Report Effective: 05/01/09 Expiration: 04/30/14 Owner: Myers Industries Effective: Expiration: Facility: Myers Industries -Patch Rubber Sr 1729 Contact Person: Marto Carter Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 11/17/2010 Primary Inspector: Myrl Nisely Secondary Inspector(s): Title: Entry Time: 08:55 AM Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® Other (See attachment summary) Roanoke Rapids NC 27870 Phone:252-536-2574 Certification: Exit Time: 09:48 AM Phone: Phone: 919-791-4200 Inspection Type: Technical Assistance Page:1 Permit: NCS000325 Owner- Facility:.Myers Industries Inspection Date: 11/17/2010 Inspection Type: Technical Assistance Reason for Visit: Routine Inspection Summary: Following the Tier 1 and then Tier2 requirements in search of why zinc analyses were above the benchmark level of 0.067 mg/I, the company contacted DWQ for consultation once 4 monthly samples showed exceedences. See the cover letter for full discussion of the meeting and future steps to be taken. Other Comment: Yes No NA NE Page: 2 V `J, FEHR-GRAHAM & ASSOCIATES Engineering and Science Consultants 221 E. Main Street • Suite 200 • Freeport, It 61032 E-mail: fga@fehr-grahom.com CERTIFIED MAIL NO: 7009 2250 0003 3277 0616 RETURN RECEIPT REQUESTED August 27, 2010 Regional Office Supervisor Division of Water Quality 3800 Barrett Drive Raleigh, North Carolina 27609 RE: Notification Upon Fourth Exceedance of Permit Benchmark Patch Rubber Company 100 Patch Rubber Road Weldon, NC 27870 NCS000325 Dear Mr. Smith Hans A. Anderson, P.E. R. Todd Weegens, P.E. Mick W. Gronewold, P.E. Ken R. Thompson Adam G. Holder, P.E. Ph: 815/235-7643 • Fax: 815/235-4632 Web: www.fehr-graham.com SEP 2 t, 20to " OFFlr, � On July 27, 2010 a representative storm water sample was collected at the above -referenced facility and submitted for analysis. The results received August 18, 2010, (attached) indicate an exceedance of the facility's permit benchmark for Zinc. As shown on the Summary of Storm Water Analysis (attached), this represents the fourth exceedance of this benchmark. This notification is submitted pursuant to Part II, Section B ofthe facility's storm water permit. Please note the following steps taken by the facility during its Tier One and Tier Two responses to exceedances: • Has implemented more thorough storm water inspections by facility personnel and with support from their consultant. • Trained two responsible employees on -site to collect the monthly storm water samples when necessary instead of relying on contract lab personnel. • Investigated a non -zinc replacement for its current zinc -based slurry. • Hired temporary employment to clean dust from interior of facility. • Considering hiring contractor for extensive cleaning and HEPA vacuuming of duct work and ceiling area inside facility to remove dust accumulation. • Ceased discharge of condensate from roof -top chillers.. • Increased employee awareness of importance of preventing zinc and other pollutants from entering storm water. Should you have any questions regarding these documents, please do not hesitate to contact this office. Sincerely, - Daniel M. Stoehr Project Environmental Scientist DMS:mII I:\UocumenOSGC 2010\I0-105\DMS 10-105 - Notification to Regional DWQ for 4th Ex.doc Attachments cc: Patch Rubber Company Freeport, It Rochelle, It Rockford. IL Springfield, It Monroe. WI C 0 0 I - Laboratory Report Page 1 of 1 j Lab Location R' A LabLNC/DWCert.#: Lab Location 'W' ( NCANW Cert.#: 067 NC/DW Cert.#: 37731 NC/WW Cen.#: 1037733 NCPNW Cart,#: 075 NC/DWCert.#: 37721 6701 Conference Dr, Raleigh, NC 27607 6300 Ramada Dr, Ss, NC 27012 6624 Gordon Rd, Unit G, Wilmington, NC 2a411 Ph: (919)$34-4984 Fax:(919) 834-6497 Ph: (336)766-766-2514 Ph: (910)763-9793 Fax:(910)343-9688 Project No.: Report Date: 7130/2010 Project ID: STORM WATER Date Received: 7/27/2010 — Prepared for -- MR. MARLO CARTER PATCH RUBBER COMPANY Work Order #: 1007-02137 P.O. BOX H Cust. Code: PA2574 BECKER FARMS ENO PARK Cust. P.O.#: 67544 ROANOKE RAPIDS, NC 27870 No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition 001 27446 OF001 712712010 8:06 SW Grab 4 +/- 2 deg C Test Performed Method Results Lab Loc pa�zed Time Qualifier Chemical Oxygen Demand EPA 410.4 12.8 mg/L R 7/28/10 9:22 Zinc EPA 200.8 0.766 mg/L R 7129110 17:15 No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition 002 27447 OF002 7/27/2010 8:10 SW Grab 4+l-2 deg —n zed - ----- - - Test Performed Method Results Lab Loc aT� Time Qualifier Chemical Oxygen Demand EPA 410.4 22.4 mg/L R 7128110 9:22 Zinc EPA 200.8 0.206 mg/L R 7129110 17:15 ort_�rr. Reviewed by: for Tritest, Inc. TRITEST Chain of Custody U 6701 Conference Drrm. Raleigh, NC 27607 ph (919) 834-4984. tax. (919) 834.6497 NCWW Cert467, NCDW Certt37731 ] 6624 Gordon Road. Una G, Wilmington, NC 28411 Ph (910) 763.9793. fax (910) 343-%88 NCWW Certe75, NCDW CerIN37721 LJ 6300 Ramada Dr, Stine C2, Clemmons, NC 27072 ph: (336) 766-7046. fax:(336) 766-2514 NCWW Carty 103. NCDW Certe37733 Report Results To* Bill To. Company: Far- �Xi�� c.vr. /- i Address. t.%i a+/ ��s.L. SNtey -t;�e. 4Sr� Frer�xx-�LL�,/o3Z Attn. Phone. R/s Za.2153 Fax VEMV16?/S.23S >�Fk3Z Sampled by (signature),.�a-�, N Tritest W O a —L'2-i SEP - 2 2010 --I OFFICE Project Reference: Project Number: — Purchase Order It. AStandard Report Delivery ❑ Rush Report Delivery (.surcharge) "Rush projects era subject to rvior approval by me laboratory Requested Due Date __- Rearigwshed by ( to ) Rece b (Sig atu ) Da 7,s4 /o Time laq (signature) Race nature) ate d Time J e .shed by (signature) Received t ' (signalwel ate'rime Receipt Conditions (Lab Use Only) �J 4s2'C 0 Temp 'C Chlorine 1 Absent C Present Ci Na Acid presery <2? J Yes F No -- Na Base preserv, >127 _1 Yes n No 0 Na Cl O 0 0 ��nST �l SEP - 2 20i0 SAMPLE PRESERVATION CHECK -IN SHEET w04: U 7— c) Checked in by: Date: 7 _ _ Time�� Temp' Route: CD I TTS USM I FEDX I GC I UPS Sample No. Analysis Requested Sample Type Comp/ Grab Container Cblorloe Preurvstive None HCL H2SO4 HNO3 NaOH Tbio OTHER C C / G Pas / None HCL HNO3 NaOH Thio OTHER C / / G Pas / ne None HCL H2 04 HNO3 NaOH Thio OTHER �S C / jC I G Pos / n g None HCL H2SO4 NaOH Thio OTHER / / G Pas / tig None HCL H2SO4 03 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH ThioLOTHER C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH ThioC/G P/G Pos / neg None HCL H2SO4 HNO3 NaOH Thio C / G P / G Pas / neg None HCL H2SO4 HNO3 NaOH Thio OTHER COMMENTS: Patch Rubber Company Summary of Storm Water Analysis Date of Sampling Event: 6.5.09 Date of Sampling Event: 9.17.09 Date of Sampling Event: 4.21.10 Date of Sampling Event: 5.18.10 Date of Sampling Event: 7.27.10 Net reported. Resam led. Reported as Benchmark Exceedence Reported as Benchmark Exceedence Reported as Benchmark Exceedence OF001 Reported as Benchmark Exceedence Outfall/Location pH COD (mg/1) Zlnc, total (m /1) pH COD (mg11) Zinc, total (mg/1) pH COD (mg8) Zinc, total (mg/1) pH COD (mg/I) Zinc, total (mg/p pH COD (mg/0 Zinc, total (mglq Permit Samples: -� �h 001 North 5.174.8 0.076 6.34 10 0.796 6.3 49.6 0.1 M 6.55 90.4 0.325 7 12.8 0.766 002 South 5.2 1_ — 0.253 6.21 10 0.247 7.7 1 20 0.938 8.01 14.4 0,034 6.24 22.4 1 0.206 011M Permit Benchmarks PH COD m 11 Zinc, total m /I 6-9 1 120 0.067 Bold/Underline indicates exceedence of permit benchmark �J SEP - 2 2010 OFFICE WDENriNi North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Marto Carter Myers Industries - Patch Rubber Company PO Box H Roanoke Rapids, NC 27870 Dear Mr. Carter: Coleen H. Sullins Director February 2, 2009 Dee Freeman Secretary I . U : FEB - 3 Mpg f Subject: Draft NPDES Stormwater Permit Permit No. NCS000325 Patch Rubber Company Halifax County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes 1. Analytical monitoring parameters "Zinc and COD have been added to this permit. 2. pH has, been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 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. 5. You are required to conduct all of the analytical and qualitative monitoring during representative storm events as defined in Part II Section B. Qualitative monitoring is required at every outfall regardless of representative outfall status. 6. In the event that this permit expires, you are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is still required in this permit, however.) 8. 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: m m.nmaterquality.org Nor thCarolina Naturally Mr. Marlo Qu-ter rPatcl"'Rubber Company 10 Permit No. NCS000325 � iJ only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements in Section II.D shall apply. Other permit changes: 1. 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. 2. 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. 3- Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@ncmail.net cc: Raleigh Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rol -- Mario Carter Patch Rubber.Company, Inc. P.O. Box H Roanoke Rapids, NC 27820 Dear Mr. Carter: Coleen H. Sullins, Director Division of Water Quality December 1.2008 Subject: NPDES Permit Renewal Application Patch Rubber Co. Permit Number NCS000325 Individual Stormwater Permit Halifax County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000325 on October 31, 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) 807-6368. Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stonnwater Permitting Unit Files Central Files Nor`thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2c.enr.slate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper W ATF9 Q ® � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mario Carter Patch Rubber.Company, Inc. P.O. Box H Roanoke Rapids, NC 27820 Dear Mr. Carter: Coleco H. Sullins, Director Division of Water Quality December 1, 2008 Subject: NPDES Permit Renewal Application Patch Rubber Co. Permit Number NCS000325 Individual Stormwater Permit Halifax County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000325 on October 31, 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) 807-6368. Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Files Central Files Nor`thCarolina ,Vatura/!y . North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affvmadve Action Employer— 50% Recycled/l0% Post Consumer Paper f r ® ® Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 5, 2006 MYERS INDUSTRIES -PATCH RUBBER ATTN: MARLO CARTER, OR SUCCESSOR PO BOX H ROANOKE RAPIDS, NC 27870 Alan W. Klimek, P.E. Director Division of Water Quality J 6EP _ 2006 Subject: NPDES Stormwater Permit RenewalUr+�CE Myers Industries -Patch Rubber Permit Number NCS000325 Halifax County Dear Permtttee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000325. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by 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 +Raleigh Regional Office No `1rCarolina Nturntty North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Aff rmative Action Employer - 50% Recycled/l 0% Post Consumer Paper ®. ® NCS000325 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina GeneraPStatute 143-215.1, other lawful standards and regulations promulgated and adopted�- by tl eK&orth Carolina Environmental > Management Commission, and the Federal Water Pollution_�Control Act, as amended, is hereby authorized to discharge lity located at :hauub6er Company . 1729 (Patch Road) ianoke Rapids, NC Halifax County to receiving waters designatedr£s an unnamed tributary to the Roanoke River, a class C stream, in the Roanoke River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective May 1, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day April 12, 2002. for Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission ® t ermit No. NCS000325 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and RciSSUance, or . Termination ® Wermit No. NCS000325 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements . 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 0 0 ® 0t'ermit No. NCS000325 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 SECTION C: LOCATION MAP Part I Page 2 of 2 ® Perrtut No. NCS000325 0 ®Permit No. NCS000325 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORNIWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention'Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 11 Page I of 4 0 Permit No. NCS000325 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather Flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMWs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 4 ® Oermit No. NCS000325 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 4 ® ® ®Permit No. NCS000325 SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalIs does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Qualitative Monitoring Requirements Dischargt3'Characteristtcs s .�hFrequency Momtormg-` Locatto'ni'- Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO ' Foam , Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 4 of 4 040 ® ®Permit No. NCS000325 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: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation: Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.4I (a),I c. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6Aj d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $ 11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. Part III Page 1 of 8 Pages O ® 0 Wermit No. NCS000325 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part HI, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a tine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Report The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pages 00 0 Opermit No. NCS000325 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who Performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages IF * 0 ®Permit No. NCS000325 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of Stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Pages ® 0 ®Permit No. NCS000325 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individuals) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate Flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part Ili Page 5 of 8 Pages 0 w ® ermit No. NCS000325 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative oulfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part l II Page 6 of 8 Pages 040 ® ®Permit No. NCS000325 Availabilitv of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. . Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7- Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass - Twenty -four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part lit Page 7 of 8 Pages so 0 ®Permit No. NCS000325 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages 040 i 1- Permit No. NCS000325 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: it. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant tlushings, 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 5 0 w ` ® Opermit No. NCS000325 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than I,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages * 0 0 .. ®Permit No. NCS000325 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single oulfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative oulfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table lI (organic priority Pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CW A at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages 00 -- 0 OPermit No. NCS000325 23 24. 25. 26. 27 M. 29. 30. 31 Severe 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. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Sienificant Sniffs Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. - 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. 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. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the Stale of North Carolina Erosion and Sediment Control Planning and Design Manual. 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. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages 0 ®Permit No. NCS000325 32 33. 34. 35. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Vehicle Maintenance Activity 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 �N s p'�Y �2V �/ '� MEMO ja- 7& Z,. ee�/ SUBJECT: State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director April 19, 2002. Ms. Mario Carter Myers Industries — Patch Rubber P.O. Box H / Roanoke Rapids, NC 27870 Subject: Permit No. NCS000325 �t3 Z1 Patch Rubber Company! �P Halifax County �r Dear Ms. Carter: In response to your renewal application for continued coverage under NPDES stormwater "permit NCS000325, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements,of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cutoff concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part II - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the permit.. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply', Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Eaual ODnortunily Affirmative Action Emolover 50% recycled/ 10% post -consumer paper 00 ®® Page 2 If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919n33-5083 ext. 578. ri`. -... for Gregory J. Thorpe cc: Mr. Roger O. Pfaff, EPA Raleigh Regional Office Stormwater and General Permits Unit Central Files ®® ® ® NCS000325 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Myers Industries is hereby authorized to discharge stormwater from a facility located at Patch Rubber Company S.R. 1729 (Patch Road) Roanoke Rapids, NC Halifax County to receiving waters designated as an unnamed tributary to the Roanoke River, a class C stream, in the Roanoke River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, H,111, IV, V and VI hereof. This permit shall become effective May 1, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day April 19, 2002. YVIILLIAMC.n.._ , for Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000325 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination i ® Permit No. NCS000325 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii ® © ® Permit No. NCS000325 PART I INTRODUCTION SECTION A: INDIVIDUAL PERrvUT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 Permit No. NCS000325 on ynm9-. T!VATInNMAP 0 ® Permit No. NCS000325 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section 111-Paragraph 3 of this individual permit. The--Plan-shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposaf practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part 11 Page 1 of 4 !f. ® 'Permit No. NCS000325 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely. address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Page 2 of 4 ® 0 ® • Permit No. NCS000325 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 1I Page 3 of 4 ML ® Permit No. NCS000325 SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Tnhlp 1. Oualitative Monitoring Requirements DrscIiarg� Characterrsttcsry I� que(ic �,p an►ti3rtrtg �Y�krx�s—a-a,�;•=,F F Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam , Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: l Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. ' Part II Page 4 of 4 ® ® • Permit No. NCS000325 PART III STANDARD CONDITIONS FOR NPDES STORM WATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Smrmwater 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 D, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment. as specified in Part H. Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. . 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action: for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit_ [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page 1 of 8 Pages ® ® ® ®mtit No. NCS000325 3. Duty to Mitigate 4. 5. 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 Liability Except as provided in Part III, Section C of this permit regarding bypassing of storawater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermom the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. ProuertyRights FA 8. 9. 10. The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pages 00 Permit No. NCS000325 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 Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Rater Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. r. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages L ® Permit No. NCS000325 4. U matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit: 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 9 Pages Permit No. NCS000325 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permiiee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm . event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate now measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages ® 'Permit No. NCS000325 5. W Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention visual monitoring shall be documented and records maintained at the facility along with the Stormwater pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permitteels premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. - Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E- REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages 00 ® • Permit No. NCS000325 3. Cl Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes 7. 8. 9. The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages T ®Permit No. NCS000325 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages • 0 ® Permit No. NCS000325 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: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. . Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 211.0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharees This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Manaeement Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Pars IV, V and VI Page 1 of 5 t 0 Permit No. NCS000325 5. )amass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storaee of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. - Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. It. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages 0 Permit No. NCS000325 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Seconder Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages 0 (Permit No. NCS000325 23. 24. 25. P1.1 27 28 Pa 30. 31 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. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. 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. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Total Flow y 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. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000325 32. Unset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-year.24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages FACILITY: CITY: COUNTY: COUNTY/FZEIESE NILJMR%R FER=- NLJMBER Permit Information that Needs to be Incorporated into Future Permit ire•: isiors: DATE I COi'V=NTS 1 Jbl — AleeO %v QgjV C lt� S��- /V,%f� � I I I j I I_ State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director June 12, 2000 MARLO CARTER MYERS INDUSTRIES -PATCH RUBBER P.O. BOX H ROANOKE RAPIDS, NC 27870 1 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Nlyers Industries -Patch Rubber Permit Number NCS000325 Halifax County _ Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000325. This permit expires on December 31. 2000. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by July 21. 2000 in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by July 21. 2000 may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50 % recycled/ 100,6 post -consumer paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 MYERS INDUSTRIES -PATCH RUBBER ATTN: MARLO CARTER, OR SUCCESSOR PO BOX H ROANOKE RAPIDS, NC 27870 Subject: NPDES Stormwater Permit Renewal Myers Industries -Patch Rubber Permit Number NCS000325 Halifax County Dear Pennittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000325. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual_ permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by 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 Stnrmwater Permitting UnifFilei- Raleigh Regional Office Is ZihCarolina Natundy North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwatcmualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpponunitylAtf rmative Action Employer— 50% Recycledll0 % Post Consumer Paper Staff Report on NCS000325 Subject: Staff Report on NCS000325 From: Myrl Nisely <myrl.nisely@ncmail.net> Date: Wed, 06 Dec 2006 09:21:57 -0500 To: aisha Lau <Aisha.Lau@ncmail.net> CC: Chuck Wakild <Chuck.Wakild@ncmail.net> Aisha, I carried out a CEI inspection at Patch Rubber on 12/4 and found them to be compliant with their individual stormwater permit. Attached is my cover letter to them (unsigned version) and a checklist I included. By this email, please consider this a staff report for that permit renewal. The only change I see is the description of their discharge in BIMS. It is stated as a drop inlet to a MS4 system. That is incorrect. Their stormwater leaves via two discharge points and flows to the Roanoke River. If you have questions, please call me. Myrl Myrl A. Nisely <°))))>< Environmental Chemist II NC DENR - Div. Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Telephone: (919) 791-4200 or x4255 Fax: (919) 571-4718 Tyrl.nisely@ncmail._net ><((((°> . StormwaterC E I120406CvrLtr.doc Content -Type: application/msword Content -Encoding: base64 StormwaterCEI120406Cklist.doc Content -Type: application/msword Content -Encoding: base64 I of 1 3/16/2007 10:22 AM INC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES M NCDENR INDUSTRIAL STORM WATER INSPECTION FORM RALEIGH REGIONAL OFFICE Facility: Patch Rubber Co Date: 12/4/2006 Location Address: S.R. 1729 (Patch Rubber Rd) Permit No: NCS000325 Contact Name: Mr. Marlo Carter Phone Number: 252-536-2574 Contact Mailing Address:P.O. Box H County: Halifax Directions: Industrial Park off Hwy 158 just E of 1-95 x Routine Compliance Inspection Rescission Request Complaint Investigation Other -Explain A. STORM WATER POLLUTION PREVENTION PLAN Yes No NIA Comments 1. Is a copy of the signed and certified SWPPP at the facility? x 2. Does the facility's SWPPP address the minimum BMP requirements? x 3. Are amendments to the SWPPP clearly documented? x 4. Is the current SWPPP complete? x B. VEHICLE EQUIPMENT Yes No N/A 1: Were the vehicle/equipment maintenance areas inspected? x 2. Are vehicle/machinery leaks and drips properly managed? x 3. Is vehicle/equipment washing done in a designed area so that wash water can be properly managed? x 4. Was the vehicle fueling area inspected? x 5. Are vehicle maintenance activities kept indoors? x 6. Were the vehicle/equipment storage areas inspected? x 7. Are current BMPs in vehicle/equipment/fueling areas adequate? x C. WASTE MANAGEMENT Yes No N/A 1. Are containers for temporary storage of wastes labeled? x 2. Are waste materials recycled? x 3. Are hazardous wastes properly handled and disposed of? x 4. Is processed debris removed regularly? x 5. Is there secondary containment for liquid wastes? x 6. Are current waste management BMPs adequate? x D. MATERIAL STORAGE Yes No N/A 1. Are there appropriate BMPs for outdoor storage of raw materials, products, and byproducts? x 2. Are containers for chemical substances labeled? x 3. Is there secondary containment for liquid storage? x 4. Are current BMPs in material storage areas adequate? x E. SPILL CONTROL Yes No NIA Comments 1. Are there procedures for spill response and cleanup? x 2. Are appropriate spill containment and cleanup materials kept on -site and in convenient locations? x 3. Are used absorbent materials disposed of in a timely manner? x 4. Are current spill BMPs adequate? x F. EROSION Yes No NIA 1. Are unpaved outdoor areas protected from water/wind erosion? x 2. Are drainage ditches or the areas around the outfalls free of erosion? x 3. Do implemented BMPs appear effective in controlling erosion? x G. NON -STORM WATER MANAGEMENT Yes No NIA 1. Have all illicit water discharges been eliminated or permitted? x 2.. Are BMPs for authorized non -storm water discharges properly implemented? x 3. Are current BMPs. adequate for management of authorized non -storm water discharges? x H. PROCESS WASTEWATER CONTROLS AND MONITORING Yes No NIA 1; Are wastewater treatment facilities properly maintained? x 2. Has monitoring been done? x I. STREAM OBSERVATIONIIMPACTS Yes No NIA 1. Were there any stream impacts? x 2. Were field parameters taken for pH or DO? x 3. Were there any stream standard violations/ NE 4. Were there excessive solids in the stream? x 5. Were pictures taken? x 6. Were samples taken? x J. SUMMARY I ADDITIONAL COMMENTS Employee training should be expanded to provide an awareness of stormwater protection to all employees at least once / year. Site map would be improved if the details in Part II, Section A (1)(c) were included, especially arrows showing direction of flow around the site. NE = not evaluated K. RATING LEVEL (CIRCLE ONE: 1.6) OIndusry in substantial compliance 2. Minor deficiencies noted. Revist scheduled for (date). 3. Major deficiencies or discharges noted and require prompt correction. Revisit scheduled for (date). 4. Critical deficiencies or discharges noted and require immediate correctoin. Revisit scheduled for (date). 5. Rescission is appropriate. 6. Rescission is not appropriate. NCS000325 \O�OF W A TFRpG 1 � Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues: Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Patch Rubber Company, Inc. NCS000325 100 Patch Rubber Rd, Roanoke Rapids, NC (Halifax County) TIRES AND INNER TUBES 3011 See Figure I Roanoke River Basin, Sub -basin 03-02-08 C See attached draft permit. See Table 1 Return to: Brian Lowther, (919) 807-6368 " Issue Rating Scale: 1 eas to 10 hard Compliance history 3 Benchmark exceedance 1 Location (TMDL, T&E species, etc 4 Other Challenges: • Outfalls 5 Difficulty Rating: 13/40 Coleco If. Sullins Director Division of Water Quality Description of Onsite Activities: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftermarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, communications, mining, manufacturing, transportation, and other industries. 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 Sector Y — Rubber, Miscellaneous Plastic Products, and Miscellaneous Page 1 of 7 NCS000325 Manufacturing Industries. • 303(d) List, 2006 final • 2006 Roanoke Basinwide Plan History: • November 27, 1995: Date permit first issued. Permit required analytical monitoring for Toluene, Methylene Chloride, 1,1,1—Trichloroethane, and Phenols. Sampling was done annually. • June 12, 2000: Reminder letter sent for renewing permit. • April 19, 2002: Date permit re -issued. Permit required no analytical monitoring. • September,5, 2006: Reminder letter sent for renewing permit. • October 31, 2006: Permittee submitted renewal application. • December 12, 2006: Inspection by Myrl Nisely. The inspection found the stormwater leaves via two discharge points and flows to the Roanoke River. Page 2 of 7 . NCS000325 NCS000325 Map Scale 1:24,000 1: MaP of Patch Rubber Company, Inc. Patch Rubber Company Lab hide: 360 26' 23" N Longitude: 770 37' 38" W County: Haifax RecEwng Stream: Roanoke River Sty earn 0 ass: C Sub -barn: 03-02-08(Roanoke River Bain) Facility Location Page 3 of 7 NCS000325 Central Office Review Summary: 1. Owner's Other Permits: Air Quality— CAA 3708300159 General Observations: They are a diversified rubber manufacturer with over50 years experience compounding and manufacturing tire repair and retreading products, industrial rubber products, and permanent and traffic marking tapes. From http://www.patclirubber.com/industrial rubber/about orc hurl: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftermarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, communications, mining, manufacturing, transportation, and other industries. Located in Roanoke Rapids, North Carolina, Patch Rubber Company has over 200 employees and operates from a 200,000 sq. ft. climate -controlled complex. In 55 years, we have grown from a producer of hand -assembled tire repair patches out of rented facilities in Akron, Ohio, to a fully -integrated manufacturer with custom rubber compounding, calendering, extruding, and cement mixing capabilities. Our in-house R&D lab, engineering and design specialists, and production staff are dedicated to continuous improvement in product quality and on -time delivery. Recent certification to ISO 9001 quality standards supports our position for continued growth and our company mission: "Committed to Being the Best at Meeting Customers' Needs." Manufacturing Capabilities: Compound Mixing (Banbury), Calendering, Extruding, Slitting & Re -rolling, Compression, Transfer, & Convection Curing, Adhesive Mixing, Adhesive Laminating, Climate Controlled Manufacturing & Storage, and Lab Testing & Formulating. Chemical tanks from site map: 1,000 Gal. AST (Trichloroethene Empty), 5,000 Gal. AST (Heptane), 5,000 Gal. AST (Heptane), 2,000 Gal. AST (Cleaner Fluid), 2,000 Gal. AST (Cleaner Fluid), 10,000 Gal. AST (Heptane) and 10,000 Gal. AST (Hydrotreated Naphthenic Process Oil). 3. Impairment: The Roanoke River is on the 2006 303(d) list for fish advisory -mercury. There are also TMDLs for dissolved oxygen and dioxin. Basinwide Plan indicates Roanoke River (23-(26)a) is supporting aquatic life due to DWQ and USGS concurrent ambient monitoring at these sites. During this assessment period no benthic or fish community sites were sampled on the Roanoke River due to resource constraints and high flows. It is noted that severe bank erosion is occurring on the Roanoke River. River flows are managed for flood control by the US Amty, Corp of Engineers and for hydropower generation by private industries. These managed flows are not similar to natural seasonal flow conditions and subsequently extend the length of time flooding occurs on the floodplain and in backswamps. In addition, frequent managed high flows at bankfull heights further accelerate river bank erosion. 4. Threatened and Endangered: There were no federally protected species within 2 miles of the site based on the Natural Heritage Virtual Workroom. 5. Location: Classified C Stream 6. Industrial Chanties Since Previous Permit: No changes since the permit renewal was filed. 7. Analvtical Monitorinti Notes: There is no analytical monitoring currently. In the EPA Multi Sector General Permit Sector Y for Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries the recommended analytical monitoring includes Zinc. Zinc was added to the analytical monitoring. COD was added to the renewal permits monitoring because of the TMDL dissolved oxygen for Roanoke River. 8. Qualitative Monitorinti Notes: The visual monitoring was done 10 times from 6/7/2002 to 9/25/2006. The results were all the same and showed no signs of pollutants. Page 4 of 7 NCS000325 Revised Permit Recommendations: Analytical Monitoring: 1. Zinc, COD and pH has been added to the analytical monitoring requirements. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. 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 l 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. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 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 11 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonmwater discharge permit requirements. Additional information is provided in Part 1 Section A. Page 5 of 7 NCS000325 Discussions with permittee: Marlo Carter, 252-536-2574, mcarter a patchrubber.com, 12/1 1/08 1. What is the owner and facility names for this site? Meyers Industries, Patch Rubber Company. 2. General description of industrial activities? Has a banbury mixer onsite. Produces tire patches, highway marking tape and solvent based adhesives. 3. Have there been any changes since filing the application? No 4. Why were all the qualitative monitoring the same? The outfall is one pipe that drains waterfront the roof Doesn't have arty problems and the visual monitoring is all the same. 5. What do you have stored outside? What is stored in drums? Sealed drums. Waste oil drums are stored inside. Pallets both plastic and wood Few pieces of equipment. 6. How many outfalls are there? The permittee said there is only one but did say there is a pipe with catch basins that end on the south part of the property. 7. Do you have vehicle maintenance onsite? No Follow up Questions Marlo Carter, 252-536-2574, 01/09/09 8. Why were the parameters removed from the first permit? (Toluene, Methylene Chloride, 1,1,1 TCA, Phenols, and TSS) Have the chemicals changed or no longer onsite? The permittee said that all the values were low before. The site plan has ASTs w/ "naphthenic oils, "cleaner fluid" and "adhesive plant". What type of solvent based adhesives do you have? The cleaner fluid is 80% Heptane.and 20% Acetone. The company's webslte had a list ofMSDSfor the chemicals onsite. httn://x,ww.oatchrubber•.cont/ii:dusn•ial rubber/msdshtml Most of the chemicals contained Heptane and Carbon Black. Two chemicals contained Trichloroethylene. 10. Where are the outfalls? There are 2 outfalls. One pipe at the north of the property and one on the south. They have only been sampling from the north outfall. Page 6 of 7 MOI.Y IGI .7 Recommendations: Based on the documents reviewed, the application information submitted on October 21, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) L.' Date �-3 eI Stormwater Permitting Unit Supervisor ��Gk C (J Date /��3fo aj for Bradley Bennett Concurrence by Regional Office Date RO Water Quality Regional Office Staff Comments (attach additional pages as necessary) Date The site has been monitoring one outfall located in the north of the property. Should the other southwest outfall be sampled too? Page 7 of 7 NCS000325 (7 A TF9 j/ A nevedv Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Coleen H. Sullins Director Division of Water Quality Facility Name: Patch Rubber Company, Inc. NPDES Permit Number: NCS000325 Facility Location: 100 Patch Rubber Rd, Roanoke Rapids, NC (Halifax County) Type of Activity: TIRES AND INNER TUBES SIC Code: 3011 r� Receiving Streams: See Figure 1 4 o jjJ River Basin: Roanoke River Basin, Sub -basin 03-02-08 m Z T 'gyp of I �y(J'i Stream Classification: C 7) CID VIM Proposed Permit Requirements: See attached draft permit. p o D �1 Monitoring Data: See Table I v� Uuu i Response Requested by (Date): Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 easy to 10 hard Compliance history 3 Benchmark exceedance 1 Location (TMDL, T&E species, etc 4 Other Challenges: • Outfalls 5 Difficulty Rating: 13/40 Description of Onsite Activities: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftennarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, conununications, mining, manufacturing, transportation, and other industries. 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 Sector Y — Rubber, Miscellaneous Plastic Products, and Miscellaneous Page I of 7 �qCS000325 Manufacturing Industries. • 303(d) List, 2006 final • 2006 Roanoke Basinwide Plan History: • November 27, 1995: Date permit first issued. Permit required analytical monitoring for Toluene, Methylene Chloride, I,1,1—Trichloroethane, and Phenols. Sampling was done annually. • June 12, 2000: Reminder letter sent for renewing permit. • April 19, 2002: Date permit re -issued. Permit required no analytical monitoring. • September 5, 2006: Reminder letter sent for renewing permit. • October 31, 2006: Permittee submitted renewal application. • December 12, 2006: Inspection by Myrl Nisely. The inspection found the stormwater leaves via two discharge points and flows to the Roanoke River. Page 2 of 7 NCS000325 NCS000325 MkP Scale 1:24,000 is iviau m naci Patch Rubber Company, Inc. Patch Rubber Company Lad W de: 360 26' 23" N Longitude: 770 3738" W County: Heifax Recemng SUeam: Roanoke River StrearnCass: C Sub -basin: 03-02-08 (Roanoke River Basin) 1 12 0 M'0�11111;1_400k` Facility Location Page 3 of 7 NCS000325 Central Office Review Summary: 1. Owner's Other Permits: Air Quality — CAA 3708300159 2. General Observations: They are a diversified rubber manufacturer with over50 years experience compounding and manufacturing tire repair and retreading products, industrial rubber products, and permanent and traffic marking tapes. From http://www.putchrubber.com/industrial rubhcr/about pre hurl: Patch Rubber Company manufactures and supplies a comprehensive range of tire and retread products for the automotive, truck, and OTR aftermarket. The company is also a leading manufacturer of calendered and extruded rubber, rubberized fabrics, and rubber adhesives used in agricultural, communications, mining, manufacturing, transportation, and other industries. Located in Roanoke Rapids, North Carolina, Patch Rubber Company has over 200 employees and operates from a 200,000 sq. ft. climate -controlled complex. In 55 years, we have grown from a producer of hand -assembled tire repair patches out of rented facilities in Akron, Ohio, to a fully -integrated manufacturer with custom rubber compounding, calendering, extruding, and cement mixing capabilities. Our in-house R&D lab, engineering and design specialists, and production staff are dedicated to continuous improvement in product quality and on -time delivery. Recent certification to ISO 9001 quality standards supports our position for continued growth and our company mission: "Committed to Being the Best at Meeting Customers' Needs." Manufacturing Capabilities: Compound Mixing (Banbury), Calendering, Extruding, Slitting & Re -rolling, Compression, Transfer, & Convection Curing, Adhesive Mixing, Adhesive Laminating, Climate Controlled Manufacturing & Storage, and Lab Testing & Formulating. Chemical tanks from site map: 1,000 Gal. AST (Trichloroethene Empty), 5,000 Gal. AST (Heptane), 5,000 Gal. AST (Heptane), 2,000 Gal. AST (Cleaner Fluid), 2,000 Gal. AST (Cleaner Fluid), 10,000 Gal. AST (Heptane) and 10,000 Gal. AST (Flydrotreated Naphthenic Process Oil). Impairment: The Roanoke River is on the 2006 303(d) list for fish advisory -mercury. There are also TMDLs for dissolved oxygen and dioxin. Basinwide Plan indicates Roanoke River (23-(26)a) is supporting aquatic life due to DWQ and USGS concurrent ambient monitoring at these sites. During this assessment period no benthic or fish community sites were sampled on the Roanoke River due to resource constraints and high Flows. It is noted that severe bank erosion is occurring on the Roanoke River. River flows are managed for flood control by the US Anny Corp of Engineers and for hydropower generation by private industries. These managed flows are not similar to natural seasonal flow conditions and subsequently extend the length of time flooding occurs on the floodplain and in backswamps. In addition, frequent managed high flows at bankfull heights further accelerate river bank erosion. 4. Threatened and Endangered: There were no federally protected species within 2 miles of the site based on the Natural Heritage Virtual Workroom. 5. Location: Classified C Stream 6. Industrial Changes Since Previous Permit: No changes since the permit renewal was filed. 7. Analytical Monitoring Notes: There is no analytical monitoring currently. In the EPA Multi Sector General Permit Sector Y for Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries the recommended analytical monitoring includes Zinc. Zinc was added to the analytical monitoring. COD was added to the renewal permits monitoring because of the TMDL dissolved oxygen for Roanoke River. 8. Qualitative Monitoring Notes: The visual monitoring was done 10 times from 6/7/2002 to 9/25/2006. 'rhe results were all the same and showed no signs of pollutants. Page 4 of 7 NCS000325 Revised Permit Recommendations: Analytical Monitoring: 1. Zinc, COD and pH has been added to the analytical monitoring requirements. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee most 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 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 I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of -fables 1, 4, and 5. 6.. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: l . Additional guidance is provided about the Site Plan requirements. The site map most 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 Par li 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-stornnvater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part It Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 5 of 7 NCS000325 Discussions with permittee: Mario Carter, 252-536-2574, mcarter@patchrubber.com, 12/I 1/08 1. What is the owner and facility names for this site? iVlevers'Mdustries, Patch Rubber Compm?v. 2. General description of industrial activities? Has a bonbury mixer onsite. Produces tire patches, highway marking tape and solvent based adhesives. 3. Have there been any changes since filing the application? Aro 4. Why were all the qualitative monitoring the same? The outfall is one pipe that drains ivater from the roof. Doesn't have any problems and the visual ntonitorhtg is all the some. 5. What do you have stored outside? What is stored in drums? Sealed drums. Waste oil drums are stored inside. Pallets both plastic and wood. Few pieces of equipment. 6. How many outfalls are there? The permittee said there is only one but did .ray there is a pipe with catch basins that end on the south pal of the property. 7. Do you have vehicle maintenance onsite? No Follow up Questions Mario Carter, 252-536-2574, O1/09/09 8. Why were the parameters removed from the first permit? (Toluene, Methylene Chloride, 1,1,1 TCA, Phenols, and TSS) Have the chemicals changed or no longer onsite? The permittee said that all the values were low before. 9. The site plan has ASTs w/ "naphthenic oils, "cleaner fluid" and "adhesive plant". What type of solvent based adhesives do you have? The cleanerfluid is SO% l-leptone and 20%Acetone. The company's website had a list ofd/SDSfor the chemicals onsite. hit,2.11wit,iv.patcl2t-itbbei-.com/iitclzi.vii-iti/ rubber/mscls /a nl Most of the chemicals contained Heptane and Carbon Black. Two chemicals contained Trichloroethylene. 10. Where are the outfalls? There are 2 outfalls. One pipe at the north ofthe property and one on the south Thev have only been sampling from the north outfall. Page 6 of 7 Grate t i7R -ham ih l ..1 'Cfrt"ii x..P` �•4�[,yh3 ,`J�U F t•t t; 44 {'" vJ r. �Mr ,�' pia y*�f5 The yard slopes to a channel parallel to the building, so that rainwater runs into a series of four grates along the side of the building. Root -drains tie into the grate system, all headed to the S end (on the right) of the building. NCS000325 Recommendations: Based on the documents reviewed, the application information submitted on October 21, 2006 sufficient to issue an Individual Stonmwater Permit. Prepared by (Signature) /%-- Date ' q e 7 Stormwater Permitting Unit Supervisor ��GfLC (l Date for Bradley Berrien: Concurrence by Regional Office Date I RO Water Quality Supervisor � Date Regional Office Staff Comments (attach additional pages as necessary) The site has been monitoring one oiafall located in the north of tire properh�. Should the other southwest outfall be sampled too? N CZJ�-_V 1�z7�b� Page 7 of 7 >�e r NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 2, 2009 Mr. Marto Carter Mvers Industries - Patch Rubber Company PO Box H Roanoke Rapids, NC 27870 Subject: Draft NPDES Stormwater Permit Permit No. NCS000325 Patch Rubber Company Halifax County Dear Mr. Carter: 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: Analvtical monitoring changes 1. Analytical monitoring parameters Zinc and COD have been added to this permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 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. 5. You are required to conduct all of the analytical and qualitative monitoring during representative storm events as defined in Part II Section B. Qualitative monitoring is required at every outfall regardless of representative outfall status. 6. In the event that this permit expires, you are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables L 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is still required in this permit, however.) 8. 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 - one Locadon: 512 N. Salisbury St. Raleigh, North Carolina 27604 * OCtt1�liOt l lla Phone: 91M07-63001 FAX:919-807-64921 Customer Service:l-877-623-6748 NortCaroliInternet: w .ncwaterquality.org - Naturally An Pmi f nnrvv111nINI AI9,mmWc A, i— F-1— Mr. Mario Carter Patch Pirbber Company Permit No. NCS000325 only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements in Section ILD shall apply. Other ermit changes: 1. 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. 2. 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. 3. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@nciTiail.net Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Attachments: Draft Permit