NCG240000_Fact Sheet (Revised for Final Permit)_20220708

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
FACTSHEET
GENERAL PERMIT NCG240000
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
2022 — 2027 Permit Term
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
This permit applies to all owners or operators, hereafter permittees, which are covered by this
permit as evidenced by receipt of a Certificate of Coverage (COC) by the Environmental
Management Commission to allow the discharge of Stormwater and process wastewater to the
surface waters of North Carolina or to a separate storm sewer system conveying discharges to
surface waters, from ready -mixed concrete facilities, in accordance with the terms and conditions
set forth herein.
Coverage under this General Permit is applicable to:
Stormwater and/or wastewater point source discharges associated with activities
classified as compost manufacturing (SIC 2875 and SIC 2879). SIC 2875 is fertilizers,
mixing only, but the definition includes composting operations. Similarly, SIC 2879 is
pesticides and agricultural chemicals, not classified elsewhere, but the definition includes
soil conditioners of which compost can be considered one. Coverage is limited to those
facilities classified as large Type 1, Type 2, and small Type 3 composting operations as
described in regulations administered by the North Carolina Division of Waste
Management (DWM) and found at 15A NCAC 13B .1402(f).
• Stormwater point source discharges from like industrial activities deemed by DEMLR to
be similar to these operations in the process, or the discharges, or the exposure of raw
materials, intermediate products, by-products, final products, or waste products.
Coverage under this General Permit is not applicable to:
Composting operations classified in 15A NCAC 13B .1402(g) as small Type 1 Facilities.
Rationale: DEMLR has determined that limited DEMLR resources might achieve better
state-wide protection of water quality by first focusing on the other portions of the
industry with more problematic feedstocks or larger areal extent. although the small Type
1 facilities are captured by the NPDES rules, DEMLR intends to continue to regulate the
small yard waste facilities on a substantiated complaint basis, rather than a state-wide
blanket approach via the General Permit. In January202Z it was confirmed by DWM that
these facilities do not require a permit, but must complete a notification process that also
includes annual notification.
Backyard composting and on -farm composting as described in 13B .1402(g). Rationale:
These facilities are not captured by NPDES regulations and are not subject to permitting
required under those regulations.
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Composting operations classified in 13B .1402(f) as Type 4 Facilities and large Type 3
Facilities. Rationale: DEMLR's judgment is that this subsector processes feedstocks of
greater potential for water quality impacts, and consequently should be permitted under
the increased scrutiny attendant with individual permits, rather than under the General
Permit. The Division has allowed some large Type 3 and Type 4 facilities when
circumstances were appropriate (ex. Only having a stormwater discharge, and no
wastewater).
Composting operations for residuals management as described in regulations
administered by DWR and found at 15A NCAC 2T .1100. Rationale: DEMLR's judgment is
that this subsector processes feedstocks ofgreater potential for water quality impacts,
particularly with respect to the potential for the concentration of heavy metals, and
consequently should be permitted under the increased scrutiny attendant with individual
permits, rather than under the General Permit.
Composting operations with discharges to especially protected receiving waters
classified as ORW, HQW, trout waters, SA waters, PNA waters, areas with special water
quality management strategies established in North Carolina rules at 15A NCAC 2B
.0200, and zero -flow streams as described in 15A NCAC 2B .0206. Rationale: North
Carolina rules include prohibitions on waste discharges to some of these receiving water
classifications. In general, all of these classifications deserve the extra administrative
attention and regulatory protection available through the individual permitting process,
rather than though the General Permit.
Mulching only operations are not regulated by NCG240000. Where mulching
operations are co -located at composting facilities and function to provide feedstocks to
composting operations, they are included with rest of the composting operations, and
are subject to regulation by NCG240000.
b. Characteristics of Discharged Stormwater
The draft renewal permit requires baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed and reported for the following parameters;
Total Suspended Solids (TSS), pH for all outfalls, Chemical Oxygen Demand (COD),
Biochemical Oxygen Demand 5-Day, Fecal Coliform (for freshwater receiving streams),
Enterococcus (for saltwater receiving streams), Total Nitrogen, Total Phosphorus,
Total Recoverable Copper, Rainfall, and Non -Polar Oil and Grease.
(b) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on -site rain gauge, or a regional rain gauge located
within one (1) mile of the facility.
(c) Samples shall be collected from four separate monitoring periods per year unless the
facility is in Tier Two or Tier Three status. A minimum of thirty (30) days must
separate sampling events:
• January 1 - March 31
April 1 - June 30
• July 1 - September 30, and
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• October 1 - December 31.
c. Characteristics of Discharged Wastewater
Wastewater discharges that may be authorized under this general permit are limited to the
following composting operations. Any of those wastewaters commingled with stormwater shall
be considered wastewater:
• Large Type 1,
• Type 2
• Small Type 3
• Associated vehicle and equipment maintenance activities
Process wastewater discharges generated by any other activity shall not be authorized under this
permit, except allowable non-stormwater discharges permitted by 15A NCAC 21-1.0106(f).
d. GeographicArea(s) Covered by this General Permit
Discharges covered by this general permit are located at any place within the political boundary
of the State of North Carolina. Discharges located on the Cherokee Indian Tribal Reservation are
subject to permitting by the U.S. Environmental Protection Agency and are not covered by this
general permit.
e. Receiving Waters
As suggested by the potential pollutant strengths noted above, composting operations directly or
indirectly discharging to especially protected receiving waters (receiving waters classified as
ORW, HQW, trout waters, PNA waters, SA waters, areas with special water quality
management strategies established in North Carolina rules at 15A NCAC 213.0200, and zero -
flow streams as described in 15A NCAC 213.0206) are not eligible for coverage under this
General Permit. SA waters was added to this list because it is a more highly sensitive
classification that was previously omitted. DEMLR believes that while exceptions to this
prohibition may be warranted on a case -by -case basis, individual permits should be strongly
preferred for such facilities.
2. REPORTING REQUIREMENTS
(a) Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with quarterly
monitoring. For COCs issued between March 1-31, June 1-30, September 1-30 or Dec 1-31,
sampling shall not commence until the next sampling period following initial issuance of the
COC.
(b) Submittal Process before electronic DMR (eDMR)
Prior to eDMR, samples analyzed in accordance with the terms of this General Permit shall
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be reported as follows:
i. Sample results shall be recorded on DMR forms provided by the Director. DMR
forms are available on the DEMLR's website
https: I Ideq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
industrial-stormwater.)
ii. DMRs shall be signed and certified by a person meeting the Signatory requirements
in K-1.
iii. Original, signed DMR forms shall be scanned and uploaded to the eDMR submittal
form, which can be found by typing "deq.nc.gov/SW-Industrial" into a browser
window and hitting "enter."
iv. Then, the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at:
httl2s://deq.nc.gov/contact/regional-offices/.
(c) Submittal Process after electronic DMR (eDMR)
Unless otherwise informed by the Director, permittees shall register in eDMR prior to June
1, 2022 and shall begin reporting discharge monitoring data using eDMR prior to January 1,
2023. Information about eDMR can be found by typing "https: //deq.nc.gov/deq.nc.gov/sw-
edmr" into a browser window and hitting "enter."
(d) Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the
Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report form provided by
DEMLR and shall retain the completed forms on site. Qualitative monitoring results shall
not be submitted to DEMLR, except upon DEMLR's specific requirement to do so. Qualitative
Monitoring Report forms are available on DEMLR's website.
httl2s://deq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/npdes-industrial-program/general-
industrial-permits
3. COMPLIANCE SCHEDULE
The compliance schedule in Part L, Section L-1 advises that the permittee comply with
Limitations and Controls specified for stormwater discharges in accordance with the following
schedule
• Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan (SWPPP) shall be developed and
implemented within 12 months of the effective date of the COC and updated thereafter on an
annual basis. Secondary containment, as specified in Part B, Section B-8 of this general
permit, shall be accomplished within 12 months of the effective date of the issuance of the
COC.
• New Facilities applying for coverage for the first time: The SWPPP shall be developed
and implemented prior to the beginning of discharges from the operation of the industrial
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activity and shall be updated thereafter on an annual basis. Secondary containment, as
specified in Part B, Section B-8 of this general permit, shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
• Existing facilities previously permitted and applying for renewal under this General
Permit: All requirements, conditions, limitations, and controls contained in this permit
(except new SWPPP elements in this permit renewal) shall become effective immediately
upon issuance of the COC. New elements of the SWPPP for this permit renewal shall be
developed and implemented within 6 months of the effective date of this general permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part B, Section
B-9 of this general permit, shall be accomplished prior to the beginning of discharges from
the operation of the industrial activity.
4. CONSTRUCTION AND OPERATION OF A TREATMENT FACILITY
An "Authorization to Construct" (ATC) permit for new or expanding wastewater treatment
facilities was once required by 15A NCAC 02H .0100 for the construction and operation of water
pollution control facilities necessary to comply with NPDES permit conditions. That authorization
was incorporated into the NCG240000 General Permit to streamline the permitting process. In
2011, Session Law 2011-394, Section 9 eliminated the ATC requirement for industrial wastewater
treatment facilities.
Also now absent from the revised General Permit is the authorization to construct and operate a
Closed -Loop Recycle System (CLRS) that meets the requirements of the 15A NCAC 02T .1000
Rules. (Requirements for these recycle systems are driven by a State program and were not
impacted by SL 2011-394s changes to the State Statute.) Facilities that construct and operate
CLRS facilities must apply and obtain the necessary permits or approvals through the Non -
Discharge Permitting Program in the Division of Water Resources (DWR). This change was
prompted by the Stormwater Permitting Program's move out of DWR into DEMLR and helps
ensure appropriate Division oversight of these systems. Systems not designed as closed -loop
and have the potential to discharge to surface waters are still covered by NCG240000.
The Session Law did not remove authority for the Division to require that permittees notify the
DEMLR Regional Office in advance of operation of newly installed or expanded wastewater
treatment facilities. This directive remains a condition of this proposed permit (Part K - Permit
Administration, K-3 - Planned Changes). The rationale is that this notification alerts NC DEQ of
potentially significant changes to wastewater discharges and allows the opportunity for an
inspection to verify compliance with the NPDES permit.
5. BASIS FOR CONTROLS AND LIMITATIONS
a. Stormwater and Wastewater Discharges
The conditions of this general permit have been designed using best professional judgment to
achieve water quality protection through compliance with the technology -based standards of the
Clean Water Act (Best Available Technology [BAT] and Best Conventional Pollutant Control
Technology [BCT]). Where the Director determines that a water quality violation has occurred
and water quality -based controls or effluent limitations are required to protect the receiving
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waters, coverage under the general permit shall be terminated and an individual permit will be
required. Based on a consideration of the appropriate factors for BAT and BCT requirements, and
a consideration of the factors discussed below in this fact sheet for controlling pollutants in
stormwater discharges associated with the activities as described in Item 1 (Types of Discharge
Covered), this permit retains a set of requirements for developing and implementing SWPPPs,
and specific requirements for monitoring and reporting on stormwater discharges.
The permit conditions reflect the Environmental Protection Agency's (EPA) and North Carolina's
pollution prevention approach to stormwater permitting. The quality of the stormwater
discharge associated with an industrial activity will depend on the availability of pollutant
sources. This renewal permit still reflects DEMLR's position that implementation of Best
Management Practices (BMPs) and traditional stormwater management practices which control
the source of pollutants meets the definition of BAT and BCT. The permit conditions are not
numeric effluent limitations, but rather are designed to be flexible requirements for developing
and implementing site specific plans to minimize and control pollutants in the stormwater
discharges associated with the industrial activity.
Title 40 Code of Federal Regulations (CFR) Part 122.44(k)(2) authorizes the use of BMPs in lieu of
numeric effluent limitations in NPDES permits when the agency finds numeric effluent limitations
to be infeasible. The agency may also impose BMP requirements which are "reasonably
necessary" to carry out the purposes of the Act under the authority of 40 CFR 122.44(k)(3). The
conditions of the renewal permit are retained under the authority of both of these regulatory
provision s. The pollution prevention requirements (BMP requirements) in this permit operate as
limitations on effluent discharges that reflect the application of BAT/BCT. The basis is that the
BMPs identified require the use of source control technologies which, in the context of these
general permits, are the best available of the technologies economically achievable (or the
equivalent BCT finding).
All facilities covered by this general permit must prepare, retain, implement, and (at a minimum
of annually) update a SWPPP. The term "pollution prevention" distinguishes this source reduction
approach from traditional pollution control measures that typically rely on end -of -pipe treatment
to remove pollutants in the discharges. The plan requirements are based primarily on traditional
stormwater management, pollution prevention and BMP concepts, providing a flexible basis for
developing site -specific measures to minimize and control the amounts of pollutants that would
otherwise contaminate the stormwater runoff.
The pollution prevention approach adopted in the SWPPP in this renewal permit still focuses on
two major objectives: 1) to identify sources of pollution potentially affecting the quality of
stormwater discharges associated with industrial activity from the facility; and 2) to describe and
ensure that practices are implemented to minimize and control pollutants in stormwater
discharges associated with industrial activity from the facility and to ensure compliance with the
terms and conditions of the permit.
DEMLR believes that it is not appropriate at this time to require a single set of effluent limitations
or a single design or operational standard for all facilities which discharge stormwater associated
with industrial activity. This permit instead establishes a framework for the development and
implementation of a site -specific SWPPP. This framework provides the necessary flexibility to
address the variable risk for pollutants in stormwater discharges associated with the industrial
activities that are addressed by this permit, while ensuring procedures to prevent stormwater
pollution at a given facility are appropriate given the processes employed, engineering aspects,
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functions, costs of controls, location, and age of facility (as discussed in 40 CFR 125.3). This
approach allows flexibility to establish controls which can appropriately address different
sources of pollutants at different facilities.
Basis for coverage: The federal NPDES program rules at 40CFR122.26(b)(14) specifically define
the industrial activities that are subject to regulation for storm water discharges associated with
industrial activity. These rules at 40CFR122.26(b)(14)(ii) and (xi) capture all of SIC Major Group
28. Composting is a listed industrial activity in SIC 2875, compost mixing and 2879,
manufacturing soil conditioners, part of Major Group 28, and is subject to NPDES stormwater
permitting. SIC 2875 is fertilizers, mixing only, but the definition includes composting operations.
Similarly, SIC 2879 is pesticides and agricultural chemicals, not classified elsewhere, but the
definition includes soil conditioners of which compost can be considered one. The General Permit
covers all on -site activities and features associated with the compost manufacturing activity.
Covered industrial activities and site features may include, but are not limited to the following:
scales, receiving, staging, grinding, screening, rejects piles, storage, composting, turning, aeration,
moisture addition, curing, blending, packaging, labeling, warehousing, loading, and other related
on -site manufacturing activities. Also covered are stormwater runoff flows from on -site vehicle
and equipment maintenance areas.
In accordance with NC General Statute 143-214.7A, "stormwater is water that does not contact
anything considered a feedstock, intermediate product, or final product of composting
operations". Water that contacts any of these items would be considered process wastewater. It
should be noted that later in this same statute, a Type 1 solid waste compost facility shall not be
required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for
discharge of process wastewater based solely on the discharge of stormwater that has come into
contact with feedstock, intermediate product, or final product at the facility. For purposes of that
G.S., "Type 1 solid waste compost facilities" are facilities that may receive yard and garden waste,
silvicultural waste, untreated and unpainted wood waste and any combination thereof.
BOD/COD: These measures of oxygen demand were highly variable. The highest were reported
at levels several times greater than general characterizations of raw sewage. As stated earlier in
this factsheet, in accordance with NC General Statute 143-214.7A, "stormwater is water that does
not contact anything considered a feedstock, intermediate product, or final product of composting
operations". Water that contacts any of these items would be considered process wastewater. It
should be noted that later in this same statute, a Type 1 solid waste compost facility shall
not be required to obtain a National Pollutant Discharge Elimination System (NPDES)
permit for discharge of process wastewater (process wastewater permit from the NPDES
process wastewater permitting group) based solely on the discharge of stormwater that
has come into contact with feedstock, intermediate product, or final product at the facility.
For purposes of that G.S., "Type 1 solid waste compost facilities" are facilities that may receive
yard and garden waste, silvicultural waste, untreated and unpainted wood waste and any
combination. Examination of monitoring data appear to indicate that the majority (all?) of the
compost facilities covered under NCG24 are Type 1 and not monitoring for process wastewater.
BODS has been required to be monitored in process wastewater, but not stormwater. With no
facilities monitoring process wastewater, there are no data to indicate whether BODS is occurring
at concentrations of concern. For this next permit cycle BODS will be added to the stormwater
monitoring discharge, so that there will be BODS stormwater discharge data to examine.
TSS: The highest levels of TSS were similarly reported at levels well above raw sewage, and well
above the stormwater permitting benchmark for North Carolina.
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Fecal coliform/E. coli and Enterococcus: While reported bacteriological contamination was not
as high as raw sewage, it was still reported as several orders of magnitude greater than North
Carolina water quality standards. 2013 Benchmarks Rational document recommends
Enterococcus monitoring.
Nitrogen /TKN/NO3-NO2/NH3: Again, highly variable results. In one published study,
ammonia, an especially problematic form of nitrogen in the aquatic environment due to its
toxicity, was reported at levels many times greater than general characterizations of raw sewage.
More recent data indicate only a few TN exceedances.
Phosphorus: Again, reported at levels several times greater than general characterizations of
raw sewage, and well beyond the North Carolina stormwater discharge benchmark value. More
recent data also indicate several TP exceedances above the benchmark.
Metals - Cu. Pb. Zn: DWQ found limited data even within the limited data set reviewed. For Cu,
Pb, and Zn there were some reports of discharge levels above the stormwater discharge
benchmark values for North Carolina. Industry representatives reported to DWQ that woody
feedstocks can sequester metals, and are a probable source in discharged flows. DEMLR
reviewed 2014-2021 stormwater discharge data from about ten composting facilities permitted
under NCG24. Please see Appendix B at the end of this factsheet. At all the facilities examined,
Pb was either below the benchmark value or not detected and Zn was only detected above the
benchmark value twice. Data support removing Pb and Zn monitoring from the permit. Another
reason to remove Zn monitoring is because background Zn levels sometimes cause problems at
facilities. Cu monitoring will remain in the permit because there were several instances of
stormwater discharges with Cu levels above the benchmark.
Non Polar Oil & grease: Limited data, but Non -Polar Oil and Grease was incorporated as a
standard monitoring parameter for all SDOs, not just those with vehicle or equipment
maintenance areas. With this change, we have removed the separate monitoring requirements
for outfalls only associated with vehicle/equipment maintenance areas. Non -Polar Oil and
Grease monitoring is required independent of the vehicle or equipment maintenance
requirement and there is no longer a need to track the average monthly usage of new motor and
hydraulic oil for the facility because of the liklihood of vehicles moving throughout the compost
facility leaking fluids. If Non -Polar Oil and Grease monitoring results indicate no exceedances
above the limit/benchmark, then Non -Polar Oil and Grease monitoring could be changed to be
dependent upon the oil usage or possibly eliminated from permit.
"Non -polar O&G" [by EPA Method 1664 (SGT-HEM)] benchmark of 15.0 mg/l is consistent
with other States' benchmarks and/or limits for total petroleum hydrocarbons (TPH) and reflects
a value normally only associated with significant oil contamination. Specifying the EPA Method
1664 with the silica gel treatment step (SGT-HEM) in the permit ensures a cost-effective way to
estimate TPH (as opposed to gas chromatographic analysis).
pH.. The limited data included some pH values outside North Carolina Water Quality Standards
range, but most values were within water quality standards.
Despite the potential for high absolute concentrations of pollutants in compost site discharges,
two aspects of the discharges may serve to moderate the impact on receiving waters. First,
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discharges are typically associated with rain events. This means that the delivery of pollutants is
not typically continuous, and that receiving waters may have the benefit of increased flows and
increased pollutant dilution at the time of discharge. Second, industry representatives report that
for many composting sites, and under good conditions, small rain events may be substantially
absorbed by the composting materials, reducing the discharge volume. These moderating factors
are site specific, and the degree of the impact of the moderating factors has not been quantifiable.
6. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS
There are no requested variances or alternatives to required standards. Facilities requesting
variances to required standards will not be covered under this General Permit but will instead be
required to seek coverage under an individual permit.
7. THE ADMINISTRATIVE RECORD
The administrative record, including application, draft permits, fact sheet, public notice,
comments received, and additional information is available by writing to:
Stormwater Program
Division of Energy, Mineral, and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Electronic copies of the documents listed above are available on our Laserfiche online repository,
or by emailing brittany.cars onOncdenr.gov.
8. STATE CONTACT
Additional information about the renewal permit may be obtained between the hours of 8:00 AM
and 5:00 PM Monday through Friday by contacting Brittany Carson at
brittany.cars onOncdenr.gov.
9. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish: May 13, 2022
Draft available on-line: May 13, 2022
Comment Period Ends: June 13, 2022
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Permit Scheduled to Issue - No later than: July 1, 2022
Effective: July 1, 2022
10 PROCEDURES FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
DEMLR proposes to issue an NPDES General Permit for the above described stormwater
discharges. These determinations are open to comment from the public.
Interested persons are invited to submit written comments on the renewal permit or on DEMLR's
proposed determinations to the following address:
Stormwater Program
Division of Energy, Mineral, and Land Resources
Attn: Brittany Carson
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
OR: [e-mail]
All comments received within thirty (30) days following the date of public notice are considered
in the formulation of final determinations.
b. Public Meeting
The Director may hold a public meeting if there is a significant degree of public interest in a
proposed permit or group of permits. Public notice of such a meeting will be circulated in
newspapers in the geographical area of the discharge and to those on the DEMLR's mailing list at
least thirty (30) days prior to the meeting.
c. Appeal Hearing
An applicant whose permit is denied, or is granted subject to conditions they deem unacceptable,
shall have the right to a hearing before the Commission upon making written demand to the
Office of Administrative Hearing (OAH) within 30 days following issuance or denial of the permit.
d. Issuance of a Permit When no Hearing is Held
If no public meeting or appeal hearing is held, after review of the comments received, and if the
DEMLR's determinations are substantially unchanged, the permit will be issued and become
effective on the first day of the month following the issuance date. This will be the final action of
DEMLR.
If a public meeting or appeal hearing is not held, but there have been substantial changes, public
notice of DEMLR's revised determinations will be made. Following a 30-day comment period, the
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permit will be issued and will become effective on the first day of the month following the
issuance date. This will be the final action of DEMLR unless a public meeting or appeal hearing is
grant
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