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HomeMy WebLinkAboutNCS000134_Draft Permit_20080128­,N'V 000134 � 0F warF _OA4 G r? r � y o -c Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date). Central Office Staff Contact: Special Issues: Michael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Avoca, Inc. NCS000134 Q> Merry Hill, NC (Bertie County) Clary Sage manufacturing (oil used in fragrances) 2833 Medicinal Chemicals and Botanical Products (2087, secondary) See Figure 1 Chowan River Basin, Sub -basin 03-01-04 C; NSW See attached draft permit. See Table 1 See Figure 1 February 25, 2008 Robert Patterson (& Kell3 733-5083, ext. 360 Issue : Rating Scale: 1 eas to 10 and Co m liance history 5 Benchmark exceedance 3 Location (TMDL, T&E species, etc 9 Other Challenges: + Outfall determination 2 Difficul Rating: 19140 ... Special Issues Explanation: • This facility does not have a history of being out of compliance, but there is a lot of correspondence on file that takes some time to go through. If it is an indication of the amount of correspondence that this facility requires, then this may be a more time-consuming permit to write. • This facility is only marginally over the pH benchmark on a few samples. • This site drains to a water body containing T&E species. • This site has many outfalls onsite, but not all were tested. VA � ?. • Receiving stream on draft 2008 303(d) list for dioxin; potential source is the paper, mill. ° 1'nt 4 • Description of Onsite Activities: http://www.avocaine.com/ Avoca is the world's largest supplier of cary sage products to fragrance companies that sell fixatives. (Clary sage is a herb of the Salvia family; the essential oil is described as smelling sweet to bittersweet, with nuances of amber, hay and tobacco.) This is a botanical processing company with the expertise to grind, extract, purify and isolate Page 1 of 8 NCS 000134 ingredients per client specifications. As a large agricultural and processing operation, Avoca provides a stable source of raw materials, expert extraction capabilities and commercial -scale processing facilities. Avoca offers its clients three areas of strength through experience with agronomic operations, chemical plant operations, and research and development capabilities. With their experience in all aspects of agronomic research, plant breeding and horticulture, as well as contract agricultural production, Avoca is well positioned to help their clients meet quality and consistency standards that are critical to their success moving forward. Documents Reviewed: • NPDES Stormwater Permit Application Materials • Stormwater Permit File • Central files • Chowan River Basinwide Plan • 2006 303(d) List • Draft 2008 303(d) List • EPA Sector -Specific Permit, 2006 draft • Natural Heritage Program's Federal Threatened and Endangered Species Database • Checked 40 CFR Subchapter N, Stormwater Effluent Guidelines History: • 1992 Aug 28: Letter submitted by permittee for representative outfall status during original review. • 1994 Nov 1: Permit first issued to R.J. Reynolds Tobacco Company • -1-994 Nov 4: Letter from permittee requesting changes to analytical monitoring: o The permittee had a manganese dioxide landfill covered by both the site's individual permit (NCS000134) and their general permit (NC120035). They requested that the general permit be rescinded. o The permittee believes that the analytical monitoring requirements in the permit were for a standard sanitary landfill, rather than a landfill receiving only manganese hydroxide and lime. Listed parameters that they believe are appropriate for the permit. • 1995 Oct 1: Permit re -issued with new analytical parameters. • 1997 July 22: Email correspondence, Aisha Lau to Bradley Bennett (SPU). Aisha had talked with the permittee's consultant who is responsible for sampling. Believes that the monitoring requirements are not realistic for the site. There was a letter to OAR regarding the issue (not on file). • 1998 August 7: Permit re -issued. Landfill had been closed. • 1999 February 19: Letter informing permittee needed to re -apply for a renewal. • 1999 November 19: Permit re -issued. Analytical requirements are pH and COD, once/quarter in 4`s year. (Total rainfall, event duration and total flow were also required). • 2003 May 23: Permit modification issued for change of ownership. New owner is "AVOCA, INCORPORATED". • 2004 March 17: Permittee submitted a summary of their BMPs. This is not the renewal application. Unclear as to why the permittee send this information. • 2004 May 5: Permittee submitted renewal application. • 2004 May l0: Renewal application acknowledged by DWQ, • 2004 December 31: Permit expired Page 2 of 8 N56 000134 Figure 1:. Map of Facillty Location jc Z E'M A R L O U. N D j `l �. v x!r "f •s; i" �. �znI Avoca, Inc. i 's 1 ° l a _ ► Me %w.PL wi Pr J Tits >✓,1ec .•w ne3 Central Office Review Summary: 1. Owner's Other Permits: o NCO005240 2. General Observations: o SIC Codes: This facility may have two SIC codes. From the. file it appears that the facility has a farm to grow sage, and then they use that sage to make "clary sage oil" for perfumes, etc. The manufacturing process fits into 2844. The farming process does not appear to fit into an SIC category. Ask applicant (see questions.) o Outfall Smiling: There are seven outfalls listed at the facility, and one additional outfall not numbered: l . Outfall 1: -Sampled (representative of 2) 2. Outfall 2: Not sampled 3. Outfall 3: Sampled (representative of 6 & 7) 4. Outfall 4: Sampled 5, Outfall 5: Outfall for NC0005240, not for stormwater 6. Outfall 6: Not sampled T. Outfall 7: Internal to site *outfalls not sampled because they have, or think they have, representative outfall status based on a letter submitted during the original permit review in August of 1992. 1 can find no record that this letter had ever been addressed by DWQ, but have reviewed this representative outfall request during the drafting of this permit. Does the WaRO have any comments on this request (see letter attached)? 3. Impairment: Salmon Creek is not listed on the 303(d) list. However, immediately downstream the Albemarle Sound is impaired due to dioxin on the draft 2008 303(d) list; potential source is the paper mill. 4. Threatened and Endangered S ecies: o Acipenser brevirostrum (Shortnose Sturgeon, a fish) is an endangered species (both State and Federal) that is found in Salmon Creek, the Albemarle Sound, the lower Pasquotank River, and Batchelor Bay. It was last observed in 1999. The accuracy of this information is considered to be "medium" by the Natural Heritage Program (NHP). Page 3 of 8 NCS 000134 o Threats: Construction of dams and pollution of many large northeastern river systems during the period of industrial growth in the late 1800's and early 1900's may have resulted in substantial loss of suitable habitat. In addition, habitat alterations from discharges, dredging or disposal of material into, rivers, or related development activities involving estuarine/riverine mudflats and marshes, remain constant threats. Commercial exploitation of shortnose sturgeon occurred throughout its range starting in colonial times and continued periodically into the 1950's. htt ://www.nmfs.noaa. oy/ r/s ecies/fish/shortnosesgLr eon.htm o Facility's Potential Role in Exaggerating the Threats: The major potential threat from this facility is the runoff of organic compounds. This material is not specifically listed as a threat to the sturgeon, however, it is a perceived threat. To the best of our knowledge, the benchmarks in this permit will . protect the species. 1. Inform the applicant in the cover letter of their permit that their facility drains to an area where an endangered species is present, and that violation of the stormwater permit may potentially contribute to the facility being in violation of the Threatened and Endangered Species Act. Figure 2: T&E Species Location in NHP Database r.. 5. Location: o Address on file is PO Box. Found, 841 Avoca Farm Road, Merry Hill, NC 27957, on their website. o The facility is on the borderline of draining either to the Albemarle Sound (to the east) or to Salmon Creek (to the north). Salmon Creek (B, SW) runs along the border of the facility. The Albemarle Sound is also (B, SW) in this area, but does not appear to be a receiving water body. However, Salmon Creek empties into the Albemarle Sound. The sound is also not classified as a TMDL in this subbasin. The Albemarle Sound is noted in the Basinwide Plan for this Subbasin as stressed for dioxin (due; to WWTPs), but it is rated as "supporting" for recreation and aquatic life. The Basinwide Plan says that the Albemarle Sound is impaired for fish consumption due to the dioxin advisory issued by DEH. However, it is not on the 2006 303(d) list; but it is on the draft 2008 303(d) list; potential source is the paper mill. 6. Industrial Changes Since Previous Permit: The Green Notes Process is no longer in use. The building now houses the White Bean Process which is a water extraction of the great northern white bean which involves not chemicals, only water. 7. Analytical Monitoring Notes: o The previous permit required pH and COD testing. COD was consistently under the current benchmark. pH was slightly high at outfall 4. 8. Qualitative Monitoring Notes: There are some solids issues reported (floating and suspended). They were not prolific, however, because TSS is recommended in EPA's guidance this is of interest. Page 4 of 8 NCS 000134 Table 1: Analytical Monitoring Required Sampling Range Sample Date Total Flow (MGD) Precipitation (In) Duration (hours) H COD Benchmark: 6-9 Benchmark: 120 mg1L Outfall 1 Quarter 1 20-Mar-03 0.125 1.7 9.75 7.2 42 Quarter 2 6-Ma -03 0.044 0.6 9.75 7.3 NIA Quarter 3 24-Jul-03 0.118 1.6 9.75 7.4 36 Quarter 4 29-Oct-03 0.243 3.3 9.75 7 77 Outfall 3 Quarter 1 20-Mar-03 0.047 1.7 10.50 8 75 Quarter 2 6-Ma -03 0.017 0.6 10.50 7.5 39 Quarter 3 24-Jul-03 0.044 1.6 10.50 7.2 32 Quarter 4 29-Oct-03 0.091 3.3 10.50 7.1 22 Outfall 4 Quarter 1 20-Mar-03 0.032 1.7 11.00 59 Quarter 2 6-Ma -03 0.011 0.6 11.00 36 Quarter 3 24-Jul-03 0.030 1.6 11.00 7.6 38 Quarter 4 29-Oct-03 0.062 3.3 11.00 7.5 27 Intake at #1 not re wired Quarter 1 20-Mar-03 NIA 1.7 26.50 NIA NIA Quarter 2 6-Ma -03 NIA 0.6 26.50 NIA NIA Quarter 3 24-Jul-03 N/A 1.6 26.50 7.4 25 Quarter 4 29-Oct-03 NIA 3.3 26.50 7.3 28 Over Current Benchmark Data Not Collected Revised Permit Recommendations: Analytical Monitoring: 1. Add TSS. pH and COD shall remain in the permit. Add N and P due to NSW classification of receiving stream. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum. of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, Page 5 of 8 NCS 000134 ' and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: I. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part H Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional :information is provided in Part I Section A. Page 6 of 8 i1iC3 000134 Discussions with permittee: Brian Conner, 252.482.2133, 1/7/08 I . Is your facility address, 841 Avoca Farm Road, Merry Hill, NC 27957? a. ANSWER: Yes (from www.avocainc.com/contact.asp) 2. We have a note in the file that your facility is primarily a farm for sage, which you use to manufacture "clary sage oil" which is used in perfumes and similar products. Have there been any significant industrial changes in your operation since your previous permit? a. ANSWER: No changes. 3. Is your SIC code 2844 (Perfumes, Cosmetics, and Other Toiletry Preparations)? a. ANSWER: primary is 2833, secondary is 2087 4. Does your facility produce solid residues? How? TSS is listed on EPA's General Sector Permit as analytical parameter for SIC 2833. This was not in your previous permit's analytical testing requirements. Your qualitative monitoring data indicate floating solids and suspended solids in some of your outfalls. a. ANSWER: no, products are oils/liquids. Solids noted in qualitative monitoring referred to things Iike leaf parts. The raw material (plants) is in a solid form, which is ground/processed. Suggest adding TSS. 5. What compounds at your facility would contribute to COD? Your previous testing was not high. This may have been left in your permit following the (lengthy) discussion of analytical parameters in the..1990s. In 1994, your company recommended a list of analytical testing parameters. This was before your landfill closed. COD was on the list. (Discuss the option of removing this parameter with the permittee if there appears to be no concern.) a. ANSWER: solvents used onsite... keep COD. 6. The analytical testing for pH was slightly high in half of the tests for outfall 4. Have you taken measures to correct this issue? What have you done? a. ANSWER: Permittee stated that that outfall is from roof runoff; not sure why there was slightly high pH readings in the first two quarters of sampling. 7. Why were outfalls number 2 and 6 not sampled? There is a ditch near the bottom of the map. This ditch appears to drain onto (not off of) the site. Is that correct? Or, does it drain off of the site? a. ANSWER: Permittee stated that they have representative outfall status. Cannot find this in our files; Mr. Conner faxed a letter from August 28, 1992 that requested this. Will address whether or not rep outfall status granted in the draft and final permit cover letters to permittee. Page 7 of 8 NCS 000134 A Recommendations: Based on the documents reviewed, the application information submitted on May 5, 2004 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) C/` Date /2-./ Stormwater Permitting Unit Supervis Date l _ � r Concurrence by Regional Ofiic Date 'LI Z003_ Water Quality Supervisor Regional Office Staff Comments Date _ so n+t o r-, CV-4 AL s re c.� q s` '�+a c�.+w f �� r�.Y t n �01 Page 8 of 8 January 8, 2008 Mr. Robert Patterson NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Storm Water Permit Renewal Outfall Monitoring Questions Avoca, Inc. Merry Hill, Bertie County, North Caroli Permit No. NCS000134 Dear Mr. Patterson, Avoca, Inc. applied for a Storm Water discharge permit renewal on May 5, 2004. I was contacted by Mr. Robert Patterson of the NC Division of Water Quality on January 7, 2008 concerning the monitoring records that were submitted with the permit application. There seems to be some questions about why certain Outfalls have been monitored while others have not. As the descriptions below will show, a representative sample has been taken from each Outfall area with some outfalls being grouped together. The original permit application dated September 30, 1992 grouped several of the outfalls together for monitoring purposes. The outfalls are grouped as follows: 1) Outfalls # 1 and #2 are grouped together and sampled at the location of Outfall # 1 due to their close proximity and overlapping of sources. 2) Outfalls #3 and #7 are also grouped together and sampled at Outfall #3 due to the fact that field verification disclosed that runoff from both areas have the same characteristics and share the same sources. 3) Outfall #6 is identified as a roof drain with no baseline flow from the pipe and no process discharges on the roof of the pump house. Therefore outfall #6 was treated as a roof _of a, storage area and exempt from the permitting process.._. , 4) Outfall #4 includes storm drainage from some process areas as well as the boiler room and is sampled. ✓ 5) Outfall #5 is a discharge of non -contact cooling water and is covered by NPDES Permit No. NC0003506. I have attached a copy of the original permit application as well as other supporting documentation concerning the grouping of the sampling of the Outfalls. I also have monitoring records since 1992 that follow the sampling plan as listed in the permit application. If there are any questions concerning this matter, please contact me. AS always, Avoca, Inc. wishes to maintain a strong relationship with the Division of Water Quality to protect our environment. 252-482-2133 * Fax: 252-482-8622 Mailing: P.O. Box 129, Merry Hill, NC 27957 * shipping: 841 Avoca Farm Road, Merry Hill, NC 27957 Sincerely, Akcvy1 Brian Conner i Environmental, Health & Safety Manager Avoca, Inc. (252) 482-2133 ext. 287 brian.conner@avocainc.com Jan, 7, 2108 10:17AM AVOCA INCORPORATED No.2082 P• 1 Avoca Inc. M.aihno. Address: . 11, 0. Rox 129 May Hill NC 27957 SldDui lg !address: Stare kcad 1502 M =y Dili, NC 27957 J U.g i J Reply phone: (252) 492-2133 Fax: (254 482-8622 (252) 482-6586 COL^: 2>y,)aV1 1..QVJ YLf-or I J-7 10�, T +�1 f �� _ E � l otal Tf CI4 � ags lucl Lis+ g c-o Y er- Caai e3,1�•5' ' . ��ag� �ws �e�v t�� l hej�•..�5cr�se �v� �t cam_ Cct l l v ark. Qv,�c � i �V" h JAN 0 7 2009 Jalt. 7. 2008 1C:17AM AVOCA INCORPORATED No,2082 P. 2 United En4lneers 900 NCNB Plaza 919 748 0431 & Constructors Inc. 102 West 3rd'Street Winston-Salem NC 27101 A Raytheon Coring+ August 28, 1992 Mr. Bill Mills EHM - DEM - planning Branch P.-G. Box 29535 Raleigh, NC 27626-0535 STMJECT: MES Individual Permit Application for Stormwater Discharge Sampling Locations Avoca Farms,'Bertie County, NC Dear Bill: On behalf of RJ Reynolds Tobacco Company, we seek your approval on the following proposed sampling locations at the Avoca Farms Facility in Bertie County, NC. After in the field review of Avoca's underground piping and site storm drainage maps, we feel that sampling at the following locations will give representative ( information on the sitels. stormwater runoff. 1. Sampling at CB7 and calling this "Intake 1", The ditch, marked in green, divides the drainage area to, nOutfall #1" in half. The. eastern half is used for farming and we would like to keep -runoff from this area separate from the representative runoff at outfall #1. 2. Grouping outfalls #1 and #2 and sampling at outfall #1. The drainage areas have overlapping processes_ Stormwater runoff :From the waste treatment plant and access road to the plant is divided between outfall #1 a:ad outfall #2- Both have chemical storage areas that are covered arnd are not directly exposed to stormwater. Runoff from the lab and maintenance buildings, as well as the pilot plant process will also be present iu each of these drainage areas. 3. Grouping outfalls #3 =d #7, and sampling' at CB20 (outfall 0) . Based "'on field verificatiart, we feel that runoff from the corresponding drainage areas will have similar characteristics. Stormwater runoff from the Clary Sage Process is equally shared by outfalls #3 and #7. The same: access road carrying chemicals to and from the storage areas (indoor chemical storage) is located on both drainage areas. 4, We have identified outfall #6 as a roof drain. The area that it drains is the roof of a pump house. There is no baseline flow from this pipe and, there are no process discharges on the roof of this pump house, We feel that the roof �- of this pump house can be treated as if it were the roof of a storage area, and therefore, would be exempt from the permitting process, Jan. 7. 2008 10:17AM AVOCA INCORPORATED Na-2082 P. 3 T Mr. Bill Mills August 28, 1992 Page Two 5. We will also sample at outfall A, which includes storm drainage from some process areas and the boiler room. 6. Outfall #5 is a discharge of non -contact cooling water. It is covered by NPDES Permit No. NC0003506. We request your concurrence with the above sampling plan.. If you have any questions, please call me at (919) 748-5752. Yours truly, John R. Arnall, Jr., P.E. WA1, : VLS : arm w s ;; NCS000134 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina,Generr�al Statute 143-215.1, other lawful standards and regulations promulgated and adopted bythe,North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is hereby au 1/6 , In'c. rge stormwater from a facility located at Avoca, Inc. Lvoca Farm Road ferry Hill, NC lertie County to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective May 1, 2008. This permit and the authorization to discharge shall expire at midnight on April 30, 2013. Signed this 21" day of April, 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission ti Permit No. NCSOOO 134o TABLE OF CONTENTS. PART I INTRODUCTION Section A; Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS' FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirerriertt§ ` Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS 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 S. 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 f • s Permit No. NCS000134 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 4. Test Procedures 5. Representative OutfalI 6. Records Rbtention 7. Inspection .a d,Entry'• Section E: Reporting requirements 1. Discharg onitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii * ` 7 Permit No. NCS000134 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing;io obtain a No Exposure Certification must submit a No Exposure Certification,NOI,form to thpDivision; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the'No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES���' " Until this permit expires or is modified or revoked- the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed,in accordance with the terms and conditions of this individual permit. All stormwater discharges shall .be in accordance with the conditions of this permit. I ff �; ~ Any other point source disch rge.to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000134 Avoca, Inc. �r.J 1y I - EE I'. �, .I L \ -r h� F� P I` J •��' S , Ur U N D �tlry� ti wy! 1 A L 8Y M A,Ri E 1W, �� .r�, I r '� lrr � ;'i } �� _ ' 1 til S r � ,g�,� '� E i k �o-��'^^•�.-.: � ,�..\ _ I _ Ii? _ ,��j ' � � I� � I �.,yy' s!ea �}�yT may, '"��«� � ��i.?trJ ✓' ' I:::r;`' 1'�t ;�yY-� 9r V.�=y f��� ��. � jjj'� �'�O ��� - li,' ' �.._J..._.-j� _;___� .r•=-I--'- 7. �i - J�„ - f F.:.� _-TK,�f ^ t \ �` `1y+i:,1. , i 1 _ � r1 i"'°'."sr.°�.•, I �'�� .��.�•-- ! �� �g3S � * °� r + �a .w.... 3 �,.y„a.+, L--x J....,.w.+; _`� �: „Y•i , 11 E.i.. i r ! ..--..r `fir- � � ll( -' ;\•, t j _ �t4' �a,l r - �f � f �. i Pm .f�+T t� -_:��. ��� t�fj �.,:.� :�'i�F�,�♦pr�"'��"-+�.nMJf �%j'."`ti`ye } •k_ jI ,I `pia � ff ffv-•r'-�j� .yi'k �''Sv" 7 S lti� �f x t �7� F ..,J.+u.W+l.i..,.bu..ar....M.r:d, 6 ..M.. • i � -' eT. i i , , I., Latitude: 36°00'07" N NCS000134 Longitude: 76°42'37"W County: Bertie Avoca, Inc. Stream Class: C; NSW Receiving Stream: Salmon Creek Sub -basin: 03-01-04 (Chowan 1tiver Basin) Facility yam► Location CffoAtth Map Not to Scale Part 1 Page 2 of 2 Permit No. NCS000134 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 thelphysical facility and the f •. potential pollutant sources that may be expected. -to c6intribute to contamination of stormwater discharges. The site plan shall contain the following` a. A general location map (USGS quadrangle.map oc appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name -of the receiving water(s) to which the stormwater outfall(s) discharges, or."if the discharge is to a municipal separate storm sewer system, the name of/the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The map should identify whether'eachreceiving water is impaired (on the state's 303(d) List of impaired waters) or,is located in a watershed for which a TMDL has been establish4 and,what the parameter(s) of concern are. North Carolind's 303(0) List can be found here: http://h2o.erir.state.nc"usltmdl/Generaf 303d.htrn#Downloads North Carolina TMDL documents can be found here: http://h2o.enr-.—state.nc.us/tmdl/TMDL—list.htm#Final—TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part II Page I of 10 Permit No. NCS000134 (1 0) Existing BMPs and impervious surfaces d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and A. /; F •"6" nonstructural measures. The stormwater management plan, at a -minimum, shall incorporate the following: (( a. Feasibility Study. A review of the teclinical'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 storagareas, material handling operations, and manufacturing or fueling operati6ns..jn areas where elimination of exposure is not practical, the stormwater,manag ment plan shall document the feasibility of diverting the storxl;mwater runoff -away from areas of potential contamination. b. Secondary ContaiinmentiR quirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III "Of th 'Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five (5) 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 the potential of pollutant sources to contribute Part II Page 2 of 10 Permit No. NCS000134 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program -�A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and'regular cleaning schedules of these areas shall be incorporated into the`program� 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on�proper spill response and cleanup procedures and preventative maintenance, activities for•all personnel involved in any of the facility's operations that have the potential'to contaminate stormwater runoff. Facility personnel (or team) responsible fo'r implementing the training shall be identified. 6. Responsible Party. Th&Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000134 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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 flan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. 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 actions taken to implement BMPs associated with the industrial activities, ihcludmg vehicle maintenance activities. Such documentation shall be kept on, -`site for a period of five years and made available to the Director or the Director's authoized°representative immediately upon request."`" Part II Page 4 of 10 Permit No. NCS000134 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall I and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. el Table 1. Analytical Monitoring Requirements \ \J Discharge Measurement Frequencyl Sample Sample Characteristics Units T e2 Location3 Nitrogen, Total m J/ /'semi-annual"' Grab 15DO Phosphorous, Total m /L _ �/ f semi-annual Grab SDO Total Suspended Solids m `� semi-annual Grab SDO COD (Chemical Oxygen v� '"1\ m%L ° 1;> semi-annual Grab SDO Demand' ' H standard" semi-annual Grab SDO Total Rainfall4 �'� pinches semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 Permit No. NCS000134 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule `'Monitor' ' ergo g p i d' Sam Ie Number P Start End Year 1 —Period 1 1 May 1, 2008 October 31, 2008 Year 1 — Period 2 2 November 1, 2008 April 30, 2009 Year 2 — Period 1 3 May 1, 2009 October 31, 2009 Year 2 — Period 2 4 November 1, 2009 April 30, 2010 Year 3 — Period 1 5 May 1, 201;0'�` October 31, 2010 Year 3 — Period 2 6 Novembe`ra1', 2010 7 April 30, 2011 Year 4 -- Period 1 7 May201 l October 31, 2011 Year 4 — Period 2 8 November 1, 2011 April 30, 2012 Year 5 — Period 1 9 ,-Ma34,' 2012 October 31, 2012 Year 5 — Period 2 10November"1, 2012 April 30, 2013 Footnotes: 1 Maintain semi-annual monitoring during perm monitoring until the renewed permit,is issued\ 4 ty 4�-.,r ':. 2 If no discharge occurs during the sampling p Flow" within 30 days of the end of the six=mot The applicant must continue semi-annual ermittee must submit a monitoring report indicating "No ing period. 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 guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP) Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring .,i iseharge Characteristics , ,' Units Benchmark'' Total Suspended Solids mglL 100 COD (Chemical Oxygen Demand) mP� 120 PH standard 6-9 Part 11 Page 6 of 10 Permit No. NC,i000134 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving" sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months'of the inspection. 5. Record each instance of a Tier One response.in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel 7l conducting the inspection, the selected.actions,.and the date the selected actions were implemented. V Tier Two If: During the term of this permit; the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive}; Then: The permittee shall: I . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part 11 Page 7 of 10 Permit No. NCS000134 During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to,tqualify for the No Exposure Exclusion. Part 11 Page 8 of 10 Permit No. NCS000134 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permtttee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements ,^ l Discharge Characteristics Frequency) Monitoring, . Location2 Color semi-annual i , SDO Odor semi-annual ✓ 'SDO Clarity semi-annual/" floating Solids { semi-ann al SDO Suspended Solids `semi nnual \_f , SDO Foam semi-annual,, SDO Oil Sheen ,pfrsemi-annual SDO Erosion or deposition at the ; semiannual SDO outfall r' Other obvious indicators �_. semi-annual SDO of stormwater pollution Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No. NCS000134 q - areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Aral tical Monitoring Requirements for On -Site Vehicle Maintenance Dischar a Characteristics , Units . Measurement Fre uen Sy I Sample—— Type2 -Sample . Location3 H standard semi-annual Grab SDO Oil and Grease m semi-annual Grab SDO Total Suspended Solids m /I semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain au e New Motor Oil Usage allons/month I semi-annual,; Estimate - Footnotes: Measurement Frequency: Twice per year during a representative storm'eve nt;,for'each year until either another permit is issued for this facility or until this permit is revoked o'r rescinded`.'If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal.permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring;periods through the end of this permitting cycle. i If � Z If the stormwater runoff is controlled by a storm water,detentiont pond a grab sample of the discharge from the pond shall be collected within the firs00 minutes of discharge from the pond. ti 3 Sample Location: Samples shall be collected,at each>stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle'maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded' _' ", "'� / 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). Exeeedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics: Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part Il Page l0 of 10 Permit No. NCS000134 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within;l2 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing -facilities, reviously permitted and applying for renewal under this permit: 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. Duty to Comply -% The permittee must comply withall'conditions,of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water AcLand is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. Ff a. The permittee shallcomply.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 proii'ibitioris, 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)] 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 violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $1 1,000 Part I I I Pagel of 8 Permit No. NCS000134 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 3. Duty to Mitigate 4. 5. 6. 7. 9 The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the sponsibility for effective compliance may be temporarily suspended. Y Oil and Hazardous Substance. Liabili _ Nothing in this individual permit shall be construed to•preclude..the institution of any legal action or relieve the permittee from any responsibilities, liabilities;,or penalties to'which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 [,of the`Federal Act, 33 USC 1321. Property Rights The issuance of this individuall'permit does`not convey any property rights in either real or personal property, or any exclusive privileges, nor does,it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tamaerin The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. PartI II Page 2 of 8 Permit No. NCS000134 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION S: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date fIn 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 •1.80 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 Ieast,l80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS, § 143-2153.6 and 33 USC 1251 et. seq. 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 maybe necessary under the Clean Water Act, The Permittee is required to notify the Division'in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or,informati'on 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; Part III Page 3 of 8 Permit No. NCS000134 (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 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed -to assure that qualified personnel properly gather and evaluate the information submitted .\Bas d on my inquiry of the person or persons who manage the system, or those persons directly' responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete_ I. am aware that there are significantpenal ti s,for submitting false information, including the possibility of fines and imprisonent.for knowing violations." f � The issuance of this individual permit does.not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained'in Title'40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the NAr �C,,aroli a.Adininistrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.n?�,� �w Permit Actions The permit may be modified; revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in prder to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part III Page 4 of 8 Permit No. NCSOOO134 a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b, There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part I11, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling i Samples collected and measurements taken, as required•herein, shall be characteristic of the volunrie and nature of the permitted discharge. Analytical sampling shall he performed during a representative: storm event. Samples shall be taken on a day and time thatis characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any,other waste stream, body of water, or substance. Monitoring points as specified in this permit'sliall not be/changed without notification to and approval of the Director. i 2. Recordina Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit,,the permittee shall record the following information: a.. The date, exact place; and -time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. - The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be'selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part I II Page 5 of 8 Permit No. NCS000134 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the,facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results .shall also be maintained on -site. The permittee shall retain records of all monitoring informatiI&i' incftuding all calibration and maintenance records and all original strip chart recordings for continuous monitoring, instrumentation, and copies of all reports required by this individual permit for a period oFa't,least 5 years -from the date of the sample, measurement, report or application. This period may be'e I " ded by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized. contractor acting as a representative of the Director), be in the,case of a facility which discharges through a municipal separate storm sewer system, an authorized,represent [ive of a municipal operator or the separate storm sewer system receiving the discharge, upon the,presentation of credentials and other documents,as maybe required by law, to; a. Enter upon the permittee's pre'Hiises where a regulated facility or activity is located or conducted, or where records -must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLAW" as per NCAC T15A 0213.0506. Part III Page 6 of 8 Permit No. NCS000134 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under 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-a`ny 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 Discharacs 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 stonyi4ter 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 pollutan&which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR"Part 122.42 (a). �,4 6. Anticipated Noncomplianc6�`"` The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour, Reporting The permittee shall report to the central office or the appropriate regional once 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 PartI ll Page 7 of 8 Permit No. NCS000134 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. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. PartI II Page 8 of 8 NCS000134 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph'.shall aiso,contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS �,,/ The permittee must pay the administering and comr. the Division. Failure to pay the fee in timely manne Division to initiate action to revoke the,Individual f PARTY] I. Act-�' See Clean Water Act. 2. Arithmetic Mean ance inonitoring fee within 30 (thirty) days after being billed by in accordance with 15A NCAC 2H .0105(b)(4) may cause this .-mit. DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater_Discharaes This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are; (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings; water from footing drains, flows from riparian habitats and wetlands. I (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000134 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean. Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and'Natural Resources. 9. Director The Director of the Division of Water Quality, the,permit issuing authority. 10. EMC The North Carolina Environmental M� nagement Commission. f1 11, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part V I Page 2 of 5 Pages Permit No. NCS000134 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if facility complies with the terms and conditions described in 40 CFR § 122.26(g). 16, Overburden r� Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permitee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, butvn6t.specifically limited to, any pipe, ditch, 14 channel, tunnel, conduit, well, or discrete fissure from which,stormwater. is ' may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 incoes.of rainfall'and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches,has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, '.if it rains for..,,,hours without producing any collectable discharge, and then stops, a sample may be collected'if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status`��,� When it is established that -the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the pe`rmittee'to'perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge k The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000134 (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. - Z> �j; ``�, 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials � such, as solvents, detergents, and plastic pellets; finished materials such as metallic products'; raw materials used in food processing or production; hazardous substances designated under section;] O1(A)kof CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential totbe,releassed with stormwater discharges. 26. Significant Spills �N� Includes, but is not limited to: releases'�of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 1 10.10 and CFR l 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activijy The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 24. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce Stormwater pollution and is based on an evaluation of the pollution potential of the site. 30, Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000134 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The'Clean Water Act, section 303, establishes the water quality standards and TMDL programs. r 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1).ofthe Clean'Water Act. 34. set Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities; inadequate treatment or control facilities, lack of preventive maintenance, or careless or i pro��_per-operation. 35. Vehicle Maintenance Activity. a� Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V I Page 5 of 5 Pages