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HomeMy WebLinkAboutNCS000057_Draft permit_20070103O� W A Z4 Michael F. Easley, Governor O� QG William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 4 �C Alan W. Klimek, P.E. Director Division bf Water Quality January 3, 2007 Ms. Jonna Stein Chemical Specialties PO Box 1330 Harrisburg, NC 28075 Subject: Individual Permit No. NCS 000057 Chemical Specialties Cabarrus County Dear Ms. Stein: Enclosed with this letter is a copy of the draft stormwater permit sent on September 14, 2005 that was developed by the Division's central and regional staff. The significant changes to your previous permit are summarized in the cover letter of this permit. As we discussed on the telephone, this letter was addressed to your predecessor who has since retired. For that reason, I am re -sending the draft permit for your review and comment. I have revised the draft sent in 2005 to reflect that the permit will be signed and effective in 2007, and that it will expire in 2012. This new draft permit is also enclosed. Other than this change, the draft permit from 2005 has remained unchanged. Please provide any comments to me no later than thirty (30) days following the receipt of this letter. Comments should be sent to the address listed at the bottom of this page. Concurrently, the Division will publish a public notice in your local paper in order to advise the community of this change and to solicit their feedback. The public will be given until February 8, 2007 to submit comments to the Division. 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, please contact me at 919.733.5083 x376 or kelly.pjohnson@ncmail.net. Sincerely, 0ellyJohnson enc: Draft stormwater permit, September 14, 2005 Draft stormwater permit, 2007 cc: ' Mooresville Regional Office Stormwater Permitting Unit File NCS 000057 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterquality.om Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877- 623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Q rCaro N Permit No. NCS000057 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000057 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE E&ANATION SYSTEM In compliance with the provisions of North Carolina al Statute 143-215.1, other lawful standards and regulations promulgated and adopte_ h Carolina Environmental Management Commission, and the Federal Wa er io ontrol Act, as amended; _ Che --al S,�e alties, Inc. is hereby authorized to discharge t a e om a facility located at 9` 0 Pharr Mill Road Harrisburg; NC Cabarrus County to receiving waters designated as Rocky River, a class C stream in the Yadkin Pee -Dee River i 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 Month day, 2007. This permit and the authorization to discharge shall expire at midnight on Month day, 2012. Signed this day Month day, 2007. for Alan W. Klimek, P.E., Director Division of Water Quality ' By the Authority of the Environmental Management Commission Permit No. NCS000057 TABLE OF CONTENTS :. PART'I INTRODUCTION ...Section A: Individual Permit Coverage. Section B: Permitted Activities Section C. Location Map PART II MONITORING, CONTROLS, AND LIO OR PERMITTED DISCHARGES -Section A: Stormwater Pollution Prevention P Section B: Analytical Monitoring Re it e Section C: ' Qualitative Mon . ,gig R ' ements. Section D: On -Site Vehicle Main eri ce Monitoring Requirements PART III STANDARD 4 ` ONS Section A: Compliance and Liability.. L .. 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 I Individual Permit Expiration 2. Transfers : SECTION C: LOCATION MAP Permit No. NCS000057 t . ,�. ' tr F 1`y � m •..' a """.. �. y w $�..„„ �-' ^L� � y%f v: 9 a r , p t� xfit. �"'' ,� >� s •V �' 15 r t 5 Chemical Specialties, Inc 42 r- p s • Y / fill Latitude:35'*37'3 NCS000057 Longitude:80�37'33" Facility / County: Cabarnis Chemical Specialties, Location Stream Class: C Inc. Receiving Stream: Rocky River Sub -basin: 03-07-11 (Yadkin Pee -Dee River Basin) dv02Z%LR 52Ai� 1:Yd,609 Part I Page 2 of 2 Permit No. NC.S000057 PARTIV MONITORING, CONTROLS, AND. LIMITATIONS FOR .-PERMITTED DISCHARGES SECTION As STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Storrnwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with PartIII, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a' In imum, 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 t ontnbute to contamination of stormwater discharges. The site plan shall co n lowin a. A general location map (CTSGS quadra,.n ap or appropriately drafted equivalent map), showing the facile 91 n in relation to transportation routes and surface waters, the n e r eeiving water(s) to which the stormwater outfall(s) discharger Yscharge is to a municipal separate storm sewer system, then of a 'cipality and the"ultimate receiving waters; and accurate lati an ontude of the points) of discharge. b A narrative descrip = s e practices, loading and unloading activities, outdoor process as, r particulate generating or control processes, :and waste dispos radices c A site map t cale with the following items: (1) Di s ce legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas):' (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and'percentage.of each drainage area that is impervious (6) Building locations (7) .- Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that 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. - Part II Page I of 7 Permit No. NCS000057 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The. stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the 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. , inareas whe a elimination of exposure is i not practical, .the stormwater management pl ` sha 1 document the feasibility of diverting the stormwater runoff away m a pote tial contamination. : b. Secondary Containment Schedule.., A sc dule top vide secondary containment• for bulk storage of.liquid materials,,sto age Section 313 of Title III of the , - Superfund Amendments ' and Reau.atio ct (SARA.) water priority chemicals, or storage of hazard s cis to prevent leaks and spills from contaminating stormwater ruff. th secondary_containment devices are, connected directly to storm -ate onv yance systems; the connection shall be controlled by man y a gate ves or other similar devices [which shall be secured with a loc a 's ] and any stormwater that accumulates in the containment area t a4ininimum visually -observed for color, foam, outfall staining, visibl wens weather flow,prior to release of the accumulated stormwater. ccumulated stormwater shall be released if found to be uncontamina b material stored within the containment area. Records documenting 'vidual making the observation; the description. of the accumulated stormwater and the date and time of the release, shall be kept fora 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; Part II: •Page 2 of 7 Permit No. NCS000057 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 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 invol,e.d in any of the facility's operations that have the potential to contaminate sto ' ., fifer runoff.. Facility P ersonnel . (or team) responsible for implementing the tr ' g be ide tified. 6._ Responsible Party., The Stormwater Pollution . ", . ention an shall identify a specific position(s) responsible for the overall coordina i d� velopment, implementation, and - revision to the Plan.. Responsibilities for all po e s of the Plan shall be documented and position assignments provided.:: Plan Amendment. The permittee 1 he Plan whenever there is a change in design, construction, ope 'on,< ain enance which has a significant effect on the .potential for the discharge ,o ollu to surface waters. The Stonnwater Pollution Prevention Plan shall be zo` e e an -updated on an annual basis. The Director may no the pe 'ttee when the Plan does not meet one or more of the minimum requireme £ eermit. ' Within 30 days of such notice, the permittee shall submit a time schedule a Director for modifying the Plan to meet minimum requirements. The penmittee 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, individuals) 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 H 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 ' Part II Page 3 of 7 Permit No. NCS000057 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 4 of 7 Permit No. NCS000057 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum nine analytical. samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark valu i �; table ,3. The benchmark values in Table 3 are not permit limits but should be ed a ' elin , for the permittee's Stormwater Pollution Prevention Plan (SPPP). The. p e uate the sources of an Y benchmark exceedances and evaluate the effectivenes any site s. The permittee shall. review and/or update the SPPP and document any e o o address stormwater contamination. Table 1. Analytical Monitorin ' Re ux•ement %: •. U,;, ..., �... ..,r.'.4-t t'�.: 3�:: h vG.�E� - :Dischar e „ , ;.. F -�' V«j� ':K �� � .:r .� .. :1-�� .�.. .... �. :.Measuremenf-VA ueney Y.. „ Sam lei Sam leX _ ...:. 3a3, .t i�,` ..•.. �c-}��..�- o- � filE +T'�T rr r r :fir : `: ,z , ...• ,�r�ar�._, � k :� .. vQ , �1sC�� s ids`#^t��e.�y i' _ 3 F0Charac r . r � � �t �,� -�. w. 'e? ,: 7iY�_.... :._. Locaon3 ex�sics � x . ;wUnts_ a���;.= F,..»F rT Total Suspended Solids - . Semi-annually' Grab SDO COD InSemi-annuall � Grab SDO Lead, m - Semi-annually Grab SDO Zinc, total recoverable :_ Semi-annually Grab SDO Copper, total recoverable m Semi-annuall Grab'- SDO H standard Semi=annuall Grab - SDO Total Rainfall inches Semi-annually- - Rainfall Event Duration minutes Semi-annually- - Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice`per, year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule. of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within.the first 30 minutes of discharge. If the detention pond discharges only in response to a storm*event exceeding a ten-year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part 11 Page 5 of 7 Monitorin .: eriod nl ' . Number { r; H, Sfart , Kt ri Year 1— Spring 1 April.1 2006 June 30, 2006 Year 1— Fall 2 September 1, 2006 'November 30, 2006 . . Year 2 —Spring 3 April 1, 2007 June 30, 2007 Year 2 = Fall 4 September 1, 2007 November 30, 2007 Year 3 - Spring, 5 April 1, 2008 - June 30, 2008 Year 3 = Fall 6 September 1, 2008 November 30, 2008 Year 4 = Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 210 June 30, 2010 .S `discharge;Characteristics ..;.;L ".- a 0e'X4 C: hmarkho p olids � . ` `��. �- Total Suspended S �� �. m� . �;.100 . • . COD 120 Copper, total recoverable . 0.0073 Lead ' 0.034 Zinc, total recoverableImp/L pH . . : standard : 6 - 9 This site discharges to impaired waters experiencing problems with fecal coliform and turbidity. If a Total Maximum Daily Load (TMDL) is approved for -this -segment of Rocky River, the Permittee may be. required to monitor. for, the pollutants) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs'are needed to. control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit 'a timetable forincorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is or the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. � No analytical tests Part II Page 66 of 7 Permit No. NCS000057 are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but 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 4. Qualitative Monitoring Require ents Discharge Caracteristics'" l Frequency `�� 1V.Conitoring . L oca fi _ Color Semi-Annual.'SO Odor Semi -Annual TSD&� Clarity Semi -Annual Floating Solids Semi-Anrival .r ` Suspended Solids . Semi -AMA r SDO. Foami-a1 SDO Oil Sheen Sew ,� SDO Other obvious indicators of stormwater ollution Semi- al :. :. SDO Footnotes: %Foe I Monitoring ]Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE.MAINTENANCE MONITORING. REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as ' specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. -The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified in Table 2 (Section B).: Monitoring results shall be compared to the benchmark values in Table 6. The benchmark - values in Table 6 are not permit limits but should be used as guidelines 'for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any Part II Page 7 of 7 Dischar a Characteristics x'. I7nits = �knsz�{f ; txr�Measurement;� _Sam �e�'';3E. ==7 - t'�il�ir rLr z a? :fit#{- , n.rerit�j F'xfi . .' �y...,...c..t,.`�r..:..E .�.. utt. ,, �: ?�Fre uenc ,P H standard ` Semi-annually 'Grab SDO Oil and Grease mg/1 Semi-annually Grab SDO' Total suspended Solids m Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration ': minutes Se '`a�nn al . _ ,$, 0. - - Footnotes. 1 Measurement Frequency: All analytical monitoring will be e e .twice per year, once in the spring (April June) and once in the fall (September -November). See a, ie 2 (S,' n B) for schedule of monitoring periods. 2 :If the stormwater runoff is controlled by a stormwater detentio pond, a grab sample of the discharge from the'. pond shall be collected within the first 30 minute d's harr If the detention pond discharge's only in response to a storm event exceeding a ten yea sdesign fb , the '``analytical monitoring is required and only qualitative monitoring shall be performed. , 3 Sample Location: Samples shall be ea h stormwater discharge outfall (SDO) that discharges : stormwater runoff from areas) w ere vehic intenance activities occur. Table 6. Benchmark raluesor Vehicle Maintenance Anal tical Monitoring : '� •-agF.� � _+-�.� F t • � ♦i..k• Discharge CharacerlatlCS?S{�-�f/r -: } - Y...,.. G.. : .. a.f F : fNC •__.. 1 +�`�"x �r=iTnit ,!.. enchmark=��*%y -l..-�. .v R',Ly+• '4...:-: Total Suspended Solids - mg/L 100 Oil and Grease mg/L 30 = pH : : standard 6 - 9 Permit No. NCS000057 PART III STANDARD CONDITIONS FOR NPDES STORMWATER 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 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 II, 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 it permit condition is 'subject to a civil penalty not to exceed $27,500 per day for each violation. Anyperson 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 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 Permit No. NCS000057 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 1. 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 § 14372153.6 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. a All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the.corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the . manager of one or more manufacturing production or operating facilities employing more . than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official... b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the. overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages ; " Permit No. NCS000057 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality: As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition. of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report.: . 5. Planned Changes The pern ittee 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 122A2 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit ' prior notice, if possible at least ten days before the date. of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. 7 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 III Page 7 of.8 Pages Q �) Michael F. Easley, Governor State of North Carolina (j William G. Ross, Jr., Secretary Department of Environment and Natural Resources aIsle Alan W. Klimek, P.E., Director Division of Water Ouality September .14, 2005 1VIr- Heath B. Howie, Jr. Chemical Specialties Inc. PO Box 1330 Harrisburg, North Carolina, 28075 Subject: Draft NPDES Stormwater Permit Permit No. NCS000057 Chemical Specialties Cabar us County Dear Mr. Howie 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: • In Part II, Sec. B, arsenic and chromium monitoring has been. removed. • Total Flow monitoring has been removed. The permit still requires that Total Rainfall amount and Rainfall .Event Duration be recorded for each sampling event. This change is also based on the Division's revised_ strategy for stormwater monitoring in renewal permits.' Please note that the Stormwater Pollution . Prevention Plan (SPPP) site map must include drainage area for each outfall in acres and the . percentage of each drainage area that is impervious (see Part 11, Sec. A). All, analytical monitoring has changed from annual to semi-annual (once in the spring and once in the fall). This change is based on the Division's revised strategy for stormwater monitoring in renewal permits . and makes stormwater discharge sampling frequency consistent with qualitative monitoring. Please note = that analytical monitoring must still be performed during a representative storm event (whereas qualitative . - does not). • Instead of "cut-off concentrations", the Division has incorporated benchmark values into the permit. These benchmarks are not permit limits but should be used as guidelines for your facility's Stormwater Pollution Prevention Plan (SPPP). If any measurements exceed benchmark values, your facility should evaluate the effectiveness of its Best Management Practices (BMPs), review and/or update the SPPP, and document any efforts to address stormwater contamination (see Part II, Sections B and D). 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) 733-5083 x 537 or jonathan.diggs @ncmail.net. Sincerely, onathan A. Diggs cc: Mooresville Regional Office . Stormwater Permitting Unit North Carolina Division of Water Quality 1617 Mail Service Center FAX (919) 733-(919) 733-701519 70 Raleigh, North Carolina 27699-1617 On the FAX at http:!lh2oenr.state.nc usl S 1, 1 ' V - .1. 't t Y. r T f- 4 .t r l ] 1 /ta L ' I +.. f l 1' 1 -11 T ; /, 1 a 3 f• t •.I f i ' ,r / i 7 _-}1 Jl i t _t _ -1 i" M1 I. 4 1 ..rat si•f r b: s , i tiT : : J r T t r_) t > r£ . _ 1 _5 7 t f y,' r s , rt 4 r s -' r y J e Is 5 r• t +. •r r J 5 .•.. X ,t. • " J it Z 5 h L• i ` t yt R r• 'Ts r, ti - ! r r� i > v r { r Si t ti t- ,, ,. . t w .. . l .% , t }t 'I t. �. r i n• aT > - t t r i L t ,. t E. •.r }, r t. f 5 J�J-• a� ✓; rtr 1N ; 1 .. 1 �... \ ! S i Tt r _ 1, s.E` ... 1 , '., ?'. ! 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NCS000057 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE EI&ANATION SYSTEM In compliance with the provisions of North Carolina a al Statute 143-215.1, other lawful standards and regulations promulgated and adopte t h Carolina Environmental Management Commission, and the Federal W b ontrol Act, as amended, he cl S,ecialties, Inc. is hereby authorized to discharge a rom a facility located at 0 Pharr Mill Road Harrisburg, NC Cabarrus County to receiving waters designated as Rocky River, a class C stream in the Yadkin Pee -Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I; If, III, IV, V and VI hereof. This permit shall become effective Month day, 2005. This permit and the authorization to discharge shall expire at midnight on Month day, 2010. Signed this day Month day, 2005. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000057 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11. MONITORING, CONTROLS, AND TIO OR PERMITTED DISCHARGES Section A: Stormwater Pollution Preven ' n Section B: Analytical Monitoring Re uiremen Section C: Qualitative Mon ments Section D: On -Site Veh' a Main nce Monitoring Requirements PART III STANDARD ONS Section A: " ' Compliance and Liability 1.- Compliance Schedule 1. Duty to Comply 3. Duty to Mitigate 4.. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability . Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000057 3. Signatory Requirements, 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1., Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements a r 4.Test Procedures ,j 5. Representative,Otitfall !, -'' 6. Records Retention 7. Inspection and Entry'' rrt Section E: Reporting R. uirein 1. Di onitoring Reports 2. Subrm ng 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. NCS000057 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 pern ittee its authorized to discharge stormwater to the surface waters of North Carolina or eparateIstorm s wer system which.has been adequately treated and managed in accordance ith e I conditions of this individual permit. All discharges shall be in accords - ith the nditions of this permit. Any other point source discharge to surface wate he is prohibited unless it is an allowable non-stormwater discharge or is cov d er permit, authorization or approval. This permit does not relieve the permittee • o sibility for compliance with any other applicable federal, state, or loc t ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000057 4 �� �'� • l 5y � 1 9 Q1 � Y/j� y I fI i 41 '�Ayp�, jjh •�, � il� 6 ' bOrt•8 M 1 ' � ' i � ,ir �\Y i• — � ' ,i �t ,� .•'d Chemical Specialties, Inc.�� l y l c x � . •!. J �' E C _ V Latitude:35°19'56" NCS�0��57 Facility Longitude: 80°3733" County: Cabarrus Chemical Specialties, Location Stream Class: C Inc. Receiving Stream: Rocky River Sub-basin:03-07-11 (Yadkin Pee -Dee River Basin) North11 SCALE 1:24,000 Part I Page 2 of 2 Permit No. NCS000057 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site.Plan. The site plan shall provide a description of the hysical facility and the potential pollutant sources which may be expec d t bute to contamination of stormwater discharges.. The site plan shall co n t win . a. A general location map (USGS qua ap or appropriately drafted equivalent map), showing the facili to in relation to transportation routes and surface waters, the nab e r eiving water(s) to which the stormwater outfall(s) dischar s o I scharge is to a municipal separate storm sewer system, the na of a nicipality and the ultimate receiving waters; and accur a lati a an etude of the point(s) of discharge. b. A narrative descrip s epractices, loading and unloading activities, outdoor process as, r particulate generating or control processes, and waste dispos ractices c. A site map Cale with the following items: (1) Dis ance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas; process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that 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. Part II Page 1 of 7 Permit No. NCS000057 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the 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 whe a elimination of exposure is not practical, the stormwater management platLsVMI document the feasibility of diverting the stormwater runoff away fjoh potential contamination. b. Secondary Containment Schedule. A for bulk storage of liquid materials, st Superfund Amendments and Rea chemicals, or storage of hazard s contaminating stormwater ru connected directly to stormwate controlled by manually activate secured with a locking mecha'tii ] ai containment area hall.be at a`mt staining, visib area and dry weath stormwater. cumulald stormwate EGA 3. dule to r vide secondary containment TaIM&Section 313 of Title III of the ti ct (SARA) water priority s to prevent leaks and spills from secondary containment devices are ance systems, the connection shall be s or other similar devices [which shall be i any stormwater that accumulates in the n visually observed for color, foam, outfall r flow, prior to release of the accumulated shall be released if found to be uncontamina Ormaterial stored within the containment area. Records documenting -vidual 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. 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. 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 Part II Page 2 of 7 Permit No. NCS000057 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 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 invol ed in any of the facility's operations that have the potential to contaminate sto er runoff. Facility personnel (or team) responsible for implementing the tr ' : g e ide tified. f 6. Responsible Party. The Stormwater Pollution Prevention ` an shall identify a specific .position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all compoijAs of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall wnend the Plan whenever there is a change in design, construction, operafion, or maintenance which has a significant effect on the - potential for the discharge of pollutanis,to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and "updated on an annual basis.. The Director may notify [tie permttee when the Plan does not meet one or more of the re uirements of the ernut Within 30 da s of such notic tha perm[ 'tt 11 rmmmum q p y e, ee h s a submit a time schedule to the Director.formodifying 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. S. 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 If 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 Part II Page 3 of 7 Permit No. NCS000057 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 4 of 7 Permit No. NCS000057 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified below in Table 2. p Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelinesfor the permittee's Stormwater Pollution Prevention Plan (SPPP). The permtttee shall e aluate the sources of any benchmark exceedances and evaluate the effectiveness of any site NTs. The permittee shall review and/or update the SPPP and document any eff&ts4ozaddress stormwater contamination. Table 1. Analytical Monitoring Requirements , Discharge _ Characteristics - Units Measurement Frequencyl - Sample 'l'y )e2 Sample Location3 Total Suspended Solids mg/L Semi-annuallyGrab SDO COD mg/L ; Semi-annuallyGrab SDO Lead mg/L Semi-annually Grab SDO Zinc, total recoverable m Semi-annually Grab SDO Copper, total recoverable m Semi-annually_Grab SDO H. standard Semi-annually Grab SDO Total Rainfall inches Semi-annually- - Rainfall Event Duration minutes Semi-annually- Footnotes' 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September- November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten-year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part II Page 5 of 7 Permit No. NCS000057 Table 2. Monilorinn Schedule Monitoring; period' Sample Number Start End Year 1 — Spring 1 April 1, 2006 June 30, 2006 Year' — Fall 2 September 1, 2006 November 30, 2006 . Year 2 — Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 April 1, 2008 June 30, 2008 Year 3 — Fall 6 September 1, 2008 November 30, 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 2Q10 June 30, 2010 k f Footnote 1 Maintain semi-annual monitoring during permit renewal process 9 Table 3. Benchmark Values for Analvtical NIonitorin2 Discharge Characteristics Units Benchmark - Total Suspended Solids mg/L 'y 100 COD mglL 120 Copper, total recoverable mg�L , 0.0073 Lead _V, 0.034 Zinc, total recoverable mg/L 0.067 pH standard ...- 6-9 This site discharges to impaired waters experiencing problems. with fecal coliform and turbidity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Rocky River, the Pemrittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy, for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. 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 Part H Page 6 of 7 Permit No. NCS000057 are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but 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 Plana All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 4. Oualitative Monitorine Requirements Discharge Characteristics Frequency Monitoring Location], Color Semi -Annual SDO Odor Semi -Annual SDO'.. Clarity Semi -Annual SDO Floating Solids Semi-AnnuaUl' SDO Suspended Solids Semi-Annuai SDO Foam - SDO Oil Sheen S 1 • n SDO Other obvious indicators of stormwater pollution Semi- al SDO Footnotes I Monitoring Location:; Qualitative monitoring shall be performed at each stormwater discharge outfall (00) regardless of representative outfall status.. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any Part II Page 7 of 7 Permit No. NCS000057 benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. Analvtical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Iare uenc I Sample T e2 Sample Location3 H standard Semi-annually Grab SDO Oil and Grease mg/1 Semi-annually Grab SDO Total suspended Solids mg/1 Semi-annually Grab ` SDO New Motor Oil Usagegallons/month Semi-annually Estimate Total Rainfall inches Sen-A-annual _ Rainfall Event Duration minutes Serrv�ann a _ Footnotes: I Measurement Frequency: All analytical monitoring will be p wice per year, once in the spring (April - June) and once in the fall (September - November). See 2 ( n B) for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormw t r dez ntio ad, a grab sample of the discharge from the pond shall be collected within the first 30 minut d liar . If the detention pond discharges only in response to a storm event exceeding a ten y esign alytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall b ea stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) w re vehic mteriance activities occur. {V Table 6. Benchmark Values, f Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark ` Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 pH standard 6-9 Permit No. NCS000057 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule., The permittee shall comply with Limitations and Controls specified for sormwater 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 II, 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 perinit 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 = Permit No. NCS000057 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 1. 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.E 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. Si ng atory Requirements All applications, reports, "or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows (1) _ For a, corporation:. by,a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for -the corporation; or (b) the manager of one or more manufacturing 'production or operating facilities employing more . than 250 persons or having gross annual sales or expenditures exceeding 25 million (in `. second,quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) . For a municipality; State, Federal, or other public agency: by either. a principal executive officer or ranking elected official. , b. " All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) ' The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent . responsibility, or an individual or position having overall responsibility for environmental : Part III Page 3 of 8 Pages Part III Page 5 of 8 Pages Permit No. NCS000057 3.. Availability of Reports . Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection, at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B 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. 8... :: 'Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.. A written submission shall also be provided within 5 days. of the time the permittee becomes aware of the circumstances. The written submission shall contain 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 III Page 7 of 8 Pages