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HomeMy WebLinkAboutNCS000049_HISTORICAL WITH APPLICATION_20181107----STORIVIWATER"DIVISION-CODING-SHEET --- PERMIT NO. DOC TYPE ❑FINAL PERMIT 0 MONITORING INFO 41 APPLICATION COMPLIANCE 0 OTHER DOC DATE ❑ 201Q2 l l 'Or+ YYYYMMDD Central Files: APS _ SWP _ 11/7/2018 Permit Number NCS000049 Program Category NPDES SW Permit Type Stormwater Discharge, Individual Primary Reviewer bradley.bennett Coastal SWRule Permitted Flow 0 Facility Facility Name IGM Resins USA, Inc. Location Address 3300 Westinghouse Blvd Permit Tracking Slip Status Project Type Active Renewal Version Permit Classification 3.00 Individual Permit Contact Affiliation Gerald Walker & Env Health Manager Safety 3300 Westinghouse Blvd Charlotte NC 28241 Major/Minor Region Minor Mooresville County Mecklenburg Facility Contact Affiliation Charlotte NC 28273 Gerald Walker & Env Health Manager Safety 3300 Westinghouse Blvd Owner Charlotte NC 28241 Owner Name Owner Type Igm Resins USA Inc Non -Government Owner Affiliation Scott Massey Manager Plant 3300 Westinghouse Blvd Dates/Events Charlotte NC 28273 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/31/1994 11125/2013 9/4/2018 9/21/2018 11 /612018 1116/2018 10/31/2021 Regulated Activities Requested /Received Events Plastics & synthetics manufacturing Region comments on draft requested 9/19118 Stormwater (activities not covered) Region comments on draft received 10/22/18 Additional information requested 8/29/18 Additional information received Outfall 001 Waterbody Name Streamindex Number Current Class Subbasin Steele Creek 11-137-10 C 03-08-34 Outfal I 002 Watarbody Name Streamindex Number Current Class Subbasin Steele Creek 11-137-10 C 03-08-34 Central Files: APS _ SWP _ 11 /7/2018 Outfal l 003 Watarbody Name Streamindex Number Current Class Subbasin Steele Creek 11-137-10 C 03-08-34 Outfall 004 Watorbody Name Streamindex Number Current Class Subbasin Steele Creek 11-137-10 C 03-08-34 Outfall 005 Waterbody Name Streamindex Number Current Class Subbasin Steele Creek 11-137-10 C 03-08-34 Last update: 111512018 NC Division of Energy, Mineral and Land Resources Review for Permit Renewal — NCS000049 IGM Resins USA Inc. - Charlotte, NC • Facility Activities and Process — Website says they specialize in development, manufacturing and supply of products and technical services to the global UV ink and coating industry. UV and EB (Electronic beam) energy cured coatings. DWM RCRA inspection states IGM is a manufacturer of UV acrylate esters where bases are mixed with acrylic acid to produce UV light sensitive resins. Resins are used in paint to produce a drying effect immediately after the paint is applied to any surface that is expose to sun light. Most likely SIC 2821— Plastic Materials and Synthetic Resins. Currently 2869 in BIMS. • Monitoring — The facility has been monitoring for TSS, COD, BOD and pH. Previous permit did have tier system. o Data from 2009 — 2013 (in renewal app) shows five benchmark exceedances for TSS, two for COD, none for BOD and 12 for pH. Data for 2014 -2018 submitted indicates fewer exceedances and a few high values that did not exceed. pH values did not exceed during this time frame. o All pH exceedances were for values below 6. o No BOD exceedances, so propose to remove BOD from permit. o Some question from review of files about the monitoring locations for at least one of the outfalls. In a 2009 inspection conducted by Charlotte -Mecklenburg Stormwater Services (CMSWS) several issues came up, including the concern that the facility was monitoring what they called a Swale. The swale goes through the property and could be a channelized stream. The swale also collects discharge from another property. The MRO asked that they create a new outfall (005) for a discharge going into the Swale and stop sampling the swale (004) as it leaves the property and flows into the creek since this was not an outfall point. This was verified in correspondence from the central office with previous owners in June 2010 letter. In the previous permit renewal staff in the MRO had outlined where outfalls should be monitored. It appears that with change of ownership, etc, the facility may still be monitoring the swale? a Parameters remaining in the permit —TSS, COD and pH. o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. • Discussions with Facility — Need to check on the activities at the site. Are they different from the previous owner (Cognis Corporation)? Is the SIC different? Are there potentially different parameters of concern that haven't been monitored for? Check on the outfall points, are they still monitoring the swale instead of the outfall (see discussion above). Name change in DWM LF files indicates no changes in operation with owner change to IGM. Conference call with Gerald Walker (IGM) and Kim Ackerman (consultant) — 8/29/18. Major items discussed: o Changes in Process -- No major changes, but reduction in process. They lost their largest customer so there is less material on site and they have dropped to 5 days per week production. o Questions on Monitoring Locations — Discussed the issues with monitoring of swale versus outfall point (see discussion above under monitoring). Facility staff working with process now were not here in that timeframe and seemed unaware of the previous issues. They confused the discussion with an outfall from an off site facility that also goes to the swale. Forwarded the previous correspondence to Gerald and Kim in an email on 8/29 for their review and response. o Discussion of Spills and Drainage to WW Treatment — Inspection info outlined spill issues in previous years. Discussed this and staff indicated there had been a wastewater leak that was repaired and materials cleaned up, etc. Indicated that all of the tank farm area at the facility drains to wastewater treatment. Also said whole production area goes to WW treatment. They indicated they do have a map showing the drainage area that flows to WW. Could be helpful for regional staff during inspection. o Permit Timeframe — Discussed with facility staff that in order to help with backlog and get renewals on better time frames where equal numbers come up for renewal each year, we are short cycling some permits. Their permit will run through 2021. Sent a second email to Gerald and Kim on 9/10/18 to try and get accurate locations for outfalls to enter in BIMS. Previous information submitted had the same lat/long for all four outfalls. Surface Water Information - Facility drains to Steele Creek in the Catawba River Basin, 11-137-10 , a class C stream. 2016 Integrated Report does not list this stream segment as having any impairment issues. NC National Heritage review — NHP report shows no aquatic resources within project area or within one mile. No areas of concern for the discharge from this facility. Regional Office Information - MRO — Draft to region and CMSWS on 09/19/2018 by email. Asked them to review the issues of sampling instream. MRO visited the site on 10/18/18 and sent okay to issue 10/22/18. But there was no Last update: 111512018 response to the issue of whether they were sampling in a stream segment. Email to MRO to ask about this on 11/5/18. Talked with James—11/5/18 and he doesn't think they are monitoring instream. Thinks there are only four outfalls and the MRO will be working with them in the future on ROS. t k See image to the right Facility comes up to the UT and it runs through the property. Shown as a swale on the site plan. They still show it as an outfall point even though this was pointed,out in a 2010 letter about a new outfall #005. May need to check this on site visit. Compliance Inspection Report Permit: NCS000049 Effective: 02/01/09 Expiration: 01/31/14 Owner: Igm Resins USA Inc SOC: Effective: Expiration: Facility: IGM Resins USA, Inc. County: Mecklenburg 3300 Westinghouse Blvd Region: Mooresville Charlotte NC 26273 Contact Person: Gerald Walker Title: Phone: 704-945-8702 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Data: 10118/2018 Primary Inspector: James D Moore Secondary Inspector(s): Entry Time: 09:OOAM Reason for Inspection: Complaint Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Phone: Exit Time: 12:30PM Phone: Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000049 Owner- Facility:lgm Resins USA Inc Inspection Date: 1011812018 Inspection Type : Compliance Evaluation Reason for Visit: Complaint Inspection Summary: Based on the inspection, I recommend issuing the new permit for NCS000049 as drafted. Page: 2 r �n.' Permit: NCS000049 Owner- Facility;Igm Resins USA Inc Inspection Data: 10118/2018 Inspection Type : Compliance Evaluation Reason for Visit: Complaint Analytical Monitorina Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: Based on the review of past monitoring results I recommend issuing the new permit With the proposed monitoring requirements in Table 1 on page 7. Yes No NA NE ■❑❑❑ ❑❑■❑ Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ 0 ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ N ❑ # Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑ Comment: Outfalls 1, 2 and 4_were inspected. The site would be a candidate for representative outfall status. Page: 3 ,e1 Bennett, Bradley From: Moore, James Sent: Monday, October 22, 2018 12:08 PM To: Bennett, Bradley Cc: Khan, Zahid; Broadway, Chad; Lee, Angela Y Subject: RE: Four Permit Renewals in Mecklenburg County Attachments: jm-10222018.pdf Based on the recent site inspections for NCS000315 — Nexeo Solutions, NCS000304 — Gerdau Ameristeel and NCS000049 — IMG Resins, I recommend issuing all 3 as drafted. Please the attached inspected reports. Also, no data from Charlotte Pipe yet, please keep that one on hold. Call if questions- James Moore MRO-LQ From: Bennett, Bradley Sent: Tuesday, October 02, 2018 3:14 PM To: Moore, James <james.moore@ncdenr.gov> Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad <Chad.Broadway@mecklenburgcountync.gov> Subject: RE: Four Permit Renewals in Mecklenburg County Thanks for the info James. It looks like you have communicated directly with them and they are going to email you the results. Could you forward the results to us when you get them. Also, do you feel that these four outfalls will be the ones they should be monitoring? If so, we will need to get locations for the outfalls (lat/Long) so we can update the outfalls in BIMS. Thanks BB From: Moore, James Sent: Tuesday, October 02, 2018 2:58 PM To: Bennett, Bradley <bradIey.bennett@ncdenr.eov> Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad <Chad.Broadway@ mecklenburgcountync.gov> Subject: RE: Four Permit Renewals in Mecklenburg County We inspected Charlotte Pipe last week and ask that you hold off on issuing the new permit until some addition sampling /data analysis can be completed. Please see the attached report and site map. The other 3 sites will be inspected next week. Please call if questions. James Moore 704.235.2138 From: Bennett, Bradley Sent: Monday, September 24, 2018 11:10 AM To: Khan, Zahid <zahid. khan @ncdenr.eov>; Moore, James <iames.moore@ncdenr.eov>; Broadway, Chad (Chad.Broadway@mecklenbur caunty_nc. ov) <Chad, Broadwamecklenbur count nc. ov> Subject: RE: Four Permit Renewals in Mecklenburg County Hey Guys, Left off one contact in case you needed it. Please add for IGM Resins: Kim Ackerman — k.ackerman i mresins.com — (c) 704 4918215 or (0) 704 945 8741 Thanks BB From: Bennett, Bradley Sent: Monday, September 24, 2018 7:39 AM To: Khan, Zahid <zahid.khan@ncdenr.Rov>; Moore, James <lames.moore@ncdenr.goy>; Broadway, Chad (Chad.Broadway@mecklenburRcopntync.Boy) <Chad. Broadway@ mecklenbur count nc, ov> Subject: RE: Four Permit Renewals in Mecklenburg County Hey Guys, Sorry I forgot to include contacts in the previous email for setting up a site visit. See below: NCS000040 — Charlotte Pipe David Waggoner - daggoner@charlottepipe.com — (704) 348-5539 Jenny Pappalardo - ipappalardoCcDcharlottepipe.com - (704) 348-5513 NC5000049 — IMG Resins Gerald Walker—grwaiker@igmresins.com — (704) 945-8702 NCS000304 — Gerdau Ameristeel Bob Churchill — bob.churchill@Rerdau.com — (704) 596-0361 x3128 Jill Gee — lIII Pee@gerdau.com — (704) 596-0361 x3035 NCS000315 — Nexeo Solutions Chris Byerman — cbyermanenexeosolutions.com — (281) 297-5831 ** He is located in Texas but was the main permit contact Tim Nightwine—tinightwine@nexeosolutions.com — (704) 391-6877 BB From: Bennett, Bradley Sent: Wednesday, September 19, 2018 3:34 PM To: Khan, Zahid <zahid.khan 2 ncdenr. ov>; Moore, James <iames.moore@ncdenr.gov>; Broadway, Chad (Chad.Broadwa mecklenbur count nc. ov) <Chad.Broadwa mecklenbur count nc. ov> Subject: Four Permit Renewals in Mecklenburg County Hey Guys, I have four more Mecklenburg County stormwater permit renewals heading to public notice. These will all appear in a public notice in the Charlotte Observer on Friday Sept 21" and the comment period will run through October 21". Please take a look at the draft permits at the Laserfiche links below and let us know if you have any r .t questions/concerns. It would be helpful if you could schedule a site visit for each facility and check these out if possible over the next 30 days. The Laserfiche links have the draft permit and cover letter and other information that is part of the renewal file. Let me know if you need any other information or have any problems accessing the files. Below for each I have included some areas for review. NCS000040 — Charlotte Pipe and Foundry Co. — 1335 S. Clarkson St. https://edocs.deg.nc.pov/Stormwater/Browse.aspx?id=720757&dbid=0&repo=WaterResources This facility probably needs some review of their outfall locations. They have some areas where they have questions since at least one outfall (005A) doesn't get much flow. The facility continues to have some issues with some metals (Cu, Pb and Zn remain in the permit). NCS000049 — IMG Resins USA, Inc. — 3300 Westinghouse Blvd. https://edocs.deg.nc.gov/Stormwater/Browse.asox?id=720887&dbid=0&repo=WaterResources One big issue with this facility relates again to outfalls. Back in 2010 there was an inspection that found that a perimeter swale around the facility may instead be a stream segment. They had been monitoring the swale. We asked them to instead monitor an outfall to the swale. After talking with them I think this really needs to be worked out at the site. The correspondence from before is in the Laserfiche folder. NCS000304 — Gerdau Ameristeel US, Inc. — 6601 Lakeview Rd. httos://edocs.deg.nc.gov/Stormwater/Browse.aspx?id=706112&dbid=0&repo=WaterResources This facility has a number of ponds onsite and they capture and use a lot of stormwater in their industrial process. The ponds are pumped from on to another until it gets to the North pond which feeds into their industrial process use. They also have a closed loop wastewater recycle system. Process water apparently doesn't comingle with the stormwater but probably a good idea to check that. The stormwater outfalls appear to only discharge when there are larger storms that lead to overflow from the ponds (they indicated 2yr storm or more). They want to continue monitoring one outfall (4) as representative. Probably worth reviewing this to make sure it is okay. Look at the review material in the files along with the documents they provided. They describe their stormwater flow pretty well and give some maps that help also. There was an issue in a 2013 inspection about potential dry weather flow from their landfill and they never responded to the regional office's request to provide info on this. The current staff have indicated that they feel that all of the leachate is properly collected and the flow was from surface runoff that takes a while to work its way to the outfall. Probably worth check on this also. NCS000315 -- Nexeo Solutions, LLC — 3930 Glenwood Rd https://edocs.deg. nc.gov/Stormwater/Browse.aspx?id=721118&dbid-0&repo=WaterResources Take a look at the review document in the Laserfiche folder. There were some questions we asked that we haven't heard back on yet. Related to two outfalls that were removed from the most recent site plan and getting more information on the containment pond onsite and how it functions, when it discharges, etc. Sorry for the long email. Hope it is some help. Let me know if you have any questions. My time here as a temp is winding down. I should be here through a good bit if not all of October, so hopefully we can get these moving toward issuance before then. Thanks! BB Bradley Bennett Stormwater Program . Note New Phone Number NC Division of Energy, Mineral & Land Resources Phone: (919) 707-3646 512 N. Salisbury Street Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(&.ncdenr.gov Raleigh, NC 27699-1612 The To rtotte Obscruer chariotteobservencom LakeNorman I SO;U rH:�'?�RX � Carolina Bride®I �V ' .N w a A Z , N e „ AFFIDAVIT OF PUBLICATION Account # Ad Number I Identification 313698 0003860043 1 NC DIV. OF ENERGY, MINERALAND LAND RESOURCES INTENT TC Attention: Laura Alexander NCDEMLR DIVISION OF ENERGY, MINING AND LAND RESOURCES 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMITS Public comment or objection to the draft permits is Invited. Submit written comments to DEMLR at the address below. All comments received through October 21, 2018 will be considered ri the final determination regarding permit issuance and permit provisions. Applications: The foHowing facilities have applied for renewal of Ihelr NPDES permits to discharge st.rmwater from their locations In Mecklenburg County. - Charlotte Pipe and Foundry Co, 1335 S. Clarkson St, Charlotte, NC. The facility discharges to Irwin Creek in the Catawba River Basin, Permit NCS000040. • IGM Resins USA, Inc, 3300 Westinghouse Blvd, Charlotte, NC. The laculty discharges to Steele Creek in the Catawba River Basin. Permit NCSOD0048. • Gordou Amodatool UE, Inc, 8801 L¢Iroviow nd, Charlotte, NC. The faeillty discharges to Long Creek in the Catawba River Basin. Permit NCS000304. • Nexeo Solution a, LLC, 39M Glenwood Rd, Charlotte, NC. The facility discharges to a UT to Stewart Creek in the Catawba River Basin. Permit NCS000315. Stormwater Program Contact: Bradley Bennett {919) 7073646 bradley.bernett@nCdonr.gov A copyy of the, draft permit is available at: https:llbh.ly/ JSl51 s, Additional permit documents are available for the reproduction cost ot: DEM;.,R Stormwater Program 512 N. Salisbury Street 1612 Maif Service Center Raleigh, NC 27699.1612 4P3860043 RECEIVED OCT 0 2 20113 DEER -LAND OIJALITY STORIVVATER FERNil J'TING North Carolina } SS Mecklenburg County } Before the undersigned, a Notary Public of said County and State, duty authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 1 Insertion(s) Published On: September 21, 2018 Tegan fA. Shinn, Accounting Clerk In Te imony ereof I have h eunto t my han affixed my seal on 6th day of September, 2018 My Commission Expires: 12/11/2022 Notary Signature Energy. Mir2eral and Land Resources ENVIRONMENTAL GUAL,ITV September 19, 2018 Mr. Gerald Walker IGM Resins USA, Inc. 3300 Westinghouse Blvd Charlotte, NC 28237 ROY COOPER ( :'• m1or MICHAE1, S. RI?GAN WILLIAM E. (`I'OBY) VINSON. JR. Subject: Draft NPDES Stormwater Permit Permit No. NCS000049 IGM Resins USA, Inc. Mecklenburg County Dear Mr. Walker: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part 11, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part 11, Section A. 3. Monitoring requirements in the draft permit have changed from the previous permit. Monitoring is proposed for Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), and pH. Based on monitoring results reported the Division has determined that these parameters are appropriate for assessing potential impacts from your discharge. Monitoring results from the previous permit cycle for Biological Oxygen Demand (BOD) has been consistently below the benchmark values. The draft permit proposes to remove this parameter from the permit. Comments from our regional staff or other information may result in maintaining these parameters or adding other parameters if it is apparent that your activities in some way have the potential to release them through stormwater runoff. Please note that in a call with you and Kim Ackerman on August 29, 2018 we discussed a potential issue with your facility's monitoring locations. This relates back to previous site inspections that indicated you may be sampling at one location that is potentially a stream segment Our Mooresville Regional Office had previously relayed a need to sample at a new outfall 005 rather than at outfall 004. This issue is one that our regional staff will want to discuss at an upcoming site visit. Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits in our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 North Salisbury Street I Raleigh, NC 27699.1612 919 707 9200 T NCS000049 Draft Permit Page 2 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 1S mg/L. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. The vehicle maintenance language in the permit has also been modified to clarify that these activities include not just vehicles, but also other similar equipment maintenance activities that may be exposed to Stormwater. This has always been the Division's implementation of this requirement, but hopefully the adjusted language is a little clearer about this process. S. Language has been added under Part II Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part 11, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). 8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the language "located in close proximity to each other" as it applies to multiple above ground storage containers having a combined storage of 1,320 gallons. 9. To address workload issues in the Stormwater Program we are working to have similar numbers of individual permits for renewal over each of the next five years. In order to accomplish this some of our permit renewals will be issued for time periods shorter than the usual Five year cycle. Your permit renewal is proposed to expire in 2021. Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments maybe emailed tome at bradley.bennetlPncdenr.gov or mailed to my attention at NC DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699-1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 707-3646. Sincerely, Original Signed by Bradley Bennett Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000049 cc: Zahid Khan, DEMLR Mooresville Regional Office- via email Chad Broadway, Charlotte -Mecklenburg Stormwater Services - via email Stormwater Permitting Program Files Permit No. NCS000049 DRAFT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES TO DISCHARGE STORMWATER UNDER THE NATIONAL PO Lh UTANI pISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carol ina,Geneeal6t'atute 143-215.1, other lawful standards and regulations promulgated and adopted -by the North Carolina Environmental \. Management Commission, and the Federal Water P�dllution Control Act, as amended, IGM Resins'USA; Inc. is hereby authorizeadischarge stormwater from a facility located at ;IGM,Resins USA, Inc. ,00'Westinghouse Blvd i'# Charlotte, NC Mecklenburg County to receiving waters designated as Steele Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [November 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [October 31, 2021]. Signed this day [October 31, 20181. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission r Permit No. NCS000049 DRAFT TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONSTOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Tlan`�� Section B: Analytical Monitoring Require m-lents�_ Section C: Qualitative Monitoring R quirements Section D: Special Conditions PART III STANDARD CONDITION FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliant( .a d Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5, Oil and Hazardous Substance Liability 6. Property Rights 7; Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply 8 Permit No. NCS000049 DRAFT Section B: General Conditions 1. Permit Expiration 2, Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance; t�" '; ;_ 2. Need to Halt or Reduce No0� 1)efens0i Ii IIIA4� 3. Bypassing of Stormwater Control,Facilities Section D: Monitoring and Records 1. Representative Sain` piing , 2. Recording Results 3. Flow Measurements 4. Test Procedures a 5. Rep entative'Outfall 6. Records,Retention 7. iNN!" Inspe0G 1 `ction and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000049 DRAFT 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 Cli R §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. 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 permit. All stormwater discharges shall be in accordance' with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this 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. Page - 1 SECTION C: LOCATION MAP Permit No. NCS000049 DRAFT Latitude: 35" 08' 09" N Longitude: 80' 57' 43" W County: Mecklenburg Stream Class: C Receiving Stream: Steele Creek Sub -basin: 03-08-34 (Catawba River Basin) NCS000049 IGM Resins USA, Inc. Page - 2 Facility Location effotth Permit No. NCS000049 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, 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 points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (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 that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Page - 3 Permit No. NCS000049 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the Stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected 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). 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 any material. 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 (S) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Page - 4 Permit No. NC5000049 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Page - 5 Permit No. NCS000049 DRAFT personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignificant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: https:Hdeq.nc.god/about/divisions/energy-mineraI-land- resources/npdes-stormwater-individuals. The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, 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, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Page - 6 Permit No. NCS000049 DRAFT 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 measurable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. The permittee shall compare monitoring results to the benchmark values in Table 1. 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. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. The benchmark values in Table 1 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation, however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor oil usage) are only required for outfalls that discharge runoff from vehicle or equipment maintenance areas in which more than 55 gallons of new motor oil and/or hydraulic oil per month is used when averaged over the calendar year. Table 1. Analytical Monitoring Requirements Parameter Discharge Measurement Sample Sample Bench-' Code, Characteristics Units Fre uenc 1 T ex Location3 mark 340 Chemical Oxygen Demand COD m L semi-annual Grab SDO 120 C0530 Total Suspended Solids (TSS) m L semi-annual Grab SDO 100 400 1 pli standard semi-annual Grab SDO 6-9 46529 Total Rainfall4 inches semi-annual Rain Gauge - Non -Polar Oil & Grease by EPA 552 Method 1664 (SGT-HEM) for mg/L semi-annual Grab SDO 15 outfalls with vehicle/equipment maintenance activitiess New Motor Oil Usage for outfalls with vehicle/ Gallons/ semi-annual Estimate - - equipment maintenance month activitiess Page - 7 Permit No. NCS000049 DRAFT Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measurable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. S This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance areas in which more than 55 gallons of new motor oil per month is used when averaged over the calendar year. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule u�,it11C 1tIi 9 j$33 Sari3 t ' j9"j. �� �:Sem>E Annuah',� €4t_e 4ESI 3ll .-:N } StartDatei �r Iw ' :p3 i j'!{, l;ys i.EndDate ` ,,Monitoring`Eventst z (All Years)3 (AII Years) 3 . Period 1 January 1 June 30 Period 2 July 1 December 31 F.fL4�Cl4tes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. Page - 8 Permit No. NCS000049 DRAFT Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter 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 exceedance. 3. Identify potential, and'select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Page - 9 Permit No. NCS000049 DRAFT SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). 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 SPPP. Table 6. Qualitative Monitoring Requirements Discharge CharacteristIcs!� E ��r 7' Frequencyt 'Mon or�ng, hocation2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measurable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. Page - 10 Permit No. NCS000049 DRAFT If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. Awritten record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. ualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: SPECIAL CONDITIONS ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 201S. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D, (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. ReDortinE RequirementsfSut)olements-S.ection-E._Il.]_and_Suners.ede&&-ction-L J�1 Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Page - 1 I Permit No. NCS000049 DRAFT Monitoring Report (eDMR) internet application. NC DEMGR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: h de ,nc. gov.1gibut di i ion water-resourceled mr Page - 12 Permit No. NCS000049 DRAFT 3. Signatory Requirements [Supplements Section U. (3.) (b) and Supersedes Section B. (3.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III, Section B. (3.) (a) or by a duly authorized representative of that person as described in Part III, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htt ate:. //deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant pen altiesfor submitting false information, including the possibility offines and imprisonmentfor knowing violations." 4. Records Retention [Supplements_SectiorLD-Gill The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Page - 13 Permit No. NCS000049 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. ComplianceSchedule 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 1I, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: 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 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this 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 prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. DAY to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA 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 [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Page - 14 Permit No. NCS000049 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction fora knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $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 [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $20,628 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duly to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance_ Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this 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 [40 CFR 122.41(g)]. Page - 15 Permit No. NCS000049 DRAFT Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Day to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411._ 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 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 [40 CFR 122.41]. 11. Onshore pr Qahore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Day to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. 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, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. 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 §143-215.36 and 33 USC 1251 et. seq. Page - 16 Permit No, NCS000049 DRAFT 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signa. tory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications 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, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where 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 [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. 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 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 Permit Issuing Authority [40 CFR 122.221. c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Page - 17 Permit No. NCS000049 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Permit Modification. RevocationTermination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. 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 permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance_Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation_and_Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 permit [40 CFR 122.41(e)]. 2. Deed to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry 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 Page - 18 Permit No. NCS000049 DRAFT 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 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measurable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Recordine Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; 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. 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. To meet the intent of the monitoring required by this 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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. Page - 19 Permit No. NCS000049 DRAFT 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122,41). 113spection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (littps://deg.nc.,Rov/about/divisions/energy- mineral-land-resources/n des-stormwater-individual . Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T1SA 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Page - 20 Permit No. NCS000049 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 of this permit shall be available for public inspection at the offices of the Division. 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. If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. 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 [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance ance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. aviL The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass . b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Page - 21 Permit No. NCS000049 DRAFT 9. Twenty-four Hour Reporting a. 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 [40 CFR 122.41(I)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Page - 22 PART IV DEFINITIONS 1. �r See Clean Water Act. Permit No. NCS000049 DRAFT 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather, does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on therelevant'DMR. t` 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: `-�, �> a. All other discharges that are authorizedjbi non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains,,air-conditioner condensate without added chemicals, springs, discharges of unciintaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows froth riparian habitats and wetlands. c. Discharges resulting froth fire fighting or.fire fighting training, or emergency shower or eye wash as a result of use in the evehtof an emergency. 7 "y.. 4. Best ManagementPractices {BMPsI Measures or practices used to reduce'the amount of pollution entering surface waters. BMPs may take the form of process, activq' or physical structure. More information on BMPs can be found at: S. 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, intermediate products, 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 having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. B. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Permit No. NCS000049 DRAFT 11. The North Carolina Environmental Management Commission. 12. Grab -Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. 15. Measurable,5tgrm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. 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, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122,26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. PerMit.Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Page - 24 Permit No. NCS000049 DRAFT 22. 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table lI (organic priority pollutants), Table 111 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Proper Damage 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. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Page - 25 Permit No. NCS000049 DRAFT 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. 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. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at o assessment/tmdls /draft-and-annroved-tmdls. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. For the purposes of this permit, vehicle maintenance activity includes equipment maintenance that uses hydraulic oil and that is stored or used outside, or otherwise exposed to stormwater. 35. Visiblg Sgdiragatatioa 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. 36. 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. Page - 26 Energy, Mineral and Lund Resources 5NVlR0NMEMTAL OLJALITY DATE: September 17, 2018 TO: Charlotte Observer EMAIL: �E=MAIL] ROY COOPER Gnv<:nrcw MICHAEL S. R.IEGAN secretory WILLIAM F.., (TOBY) VINSON, JR. Intel im Dircr.tot FROM: Bradley Bennett, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONETIME in the legal section of your paper by,Frday� 5epterribera 21; 2018. Please fax a copy of the proof to Bradley Bennett at (919) 807-6368 for final approval prior to publication. Within 10 days after publish date; please send the invoice and two copies of the original affidavit to: Bradley Bennett NCDEQ/DEMLR 512 N. Salisbury St. 1612 Mail Service Center Raleigh, NC 27699-1612 NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMITS Public comment or objection to the draft permits is invited. Submit written comments to DEMLR at the address below. All comments received through October 21, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Applications: The following facilities have applied for renewal.of their NPDES permits to discharge stormwater from their locations in Mecklenburg County. • Charlotte Pipe and Foundry Co, 1335 S. Clarkson St, Charlotte, NC. The facility discharges to Irwin Creek in the Catawba River Basin. Permit NCS000040. • IGM Resins USA, Inc, 3300 Westinghouse Blvd, Charlotte, NC. The facility discharges to Steele Creek in the Catawba River Basin. Permit NCS000049. • Gerdau Ameristeel US, Inc, 6601 Lakeview Rd, Charlotte, NC. The facility discharges to Long Creek in the Catawba River Basin. Permit NCS000304. • Nexeo Solutions, LLC, 3930 Glenwood Rd, Charlotte, NC. The facility discharges to a UT to Stewart Creek in the Catawba River Basin. Permit NCS000315. Stormwater Program Contact: Bradley Bennett (919) 807-6392 bradley.bennett@ncdenr.gov A copy of the draft permit is available at: https://bit.ly/2jSfSls. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Slate of North Carolina I Environmental Quality i Energy, Mineral, and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T y w YMV North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper Secretary Susi H. Hamilton July 19, 2018 Bradley Bennett NCDEQ 512 N, Salisbury Street Raleigh, NC 27604 RE: IGM Resins Charlotte Inc; NCS000049 Dear Bradley Bennett: N CN H DE-6499 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https:/Iwww.fw.s.goy/offices/DirectoQdListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney-butleri§ncdcr.gay or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919) 707-a107 LOCATION: 1651 Mel] Service Center www.ncnhp.orp 121 West Jones Street Reko, NC 27699-1651 Raleigh, NC 27603 II Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area IGM Resins Charlotte Inc Project No. NCS000049 July 19, 2018 NCNHDE-6499 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area ManagedrRM-5 Name Oiivne� _ f :Ovine ROT,�x Mecklenburg County Open Space Mecklenburg County Local Government NOTE: If the proposed project intersects with a conservation tmanaged area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federalty-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at htW:llncnhde_natureserve.omlcontenUtrelo. Data query generated on July 19, 2018; source: NCNHP, 02 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 r Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area IGM Resins Charlotte Inc Project No. NCS000049 July 19, 2018 NCNHDE-6499 Element Occurrences Documented Within a One -mile Radius of the Project Area Natural 18119 Dry Basic Oak -Hickory — 2004 C 2-High — --- G2G3 S2S3 Community Forest Natural 19493 Mixed Moisture Hardpan --- 2010 C 3-Medium — — G2? S2 Community Forest Natural 16959 Upland Depression — 2006 C 3-Medium — - G2G3 S2S3 Community Swamp Forest Natural 19382 Upland Depression --- 2004 C 3-Medium — — G2G3 S2S3 Community Swamp Forest Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 18005 Hi? 5-Very — Endangered G3 S2 Low Natural Areas Documented Within a One -mile Radius of the Project Area _ g-V SEte Name epreserttation- Ratin ;a_ecttve� attng , .. Neely Road Swamps R5 (General) C4 (Moderate) Westinghouse Boulevard Upland Swamps R4 (Moderate) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Ovimer T e NC Department of Transportation Mitigation Site NC Department of Transportation State Mecklenburg County Open Space Mecklenburg County Local Government Catawba Lands Conservancy Preserve Catawba Lands Conservancy Private Definitions and an explanation of status designations and codes can be found at . Data query generated on July 19. 2018: source: NCNHP. Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 4 O 4t 11 m STORMWATER DRAINAGE DATA OL17F'ALL DRA10M AREA (am) NON, AREA NvIPERW= 70 OUIFALL � TO OWALL TO IMASTEWATER TOTAL sw= I ZIP! &M 0 &V Swan 2.74 zw 0619 &19 swm W" 1.37 1.51 Wo sow 1.91 &00 Q.30 10m W BRANCH SWO04 _ter r �= FT- a N 5C 54' 42" E +49.96' E n \ � EQUIPMENT \ LAYDOWN AREA �\ <AND BONEYARD\\ s a- vt4l / a��yP� 42 3b" E, 60� EXIST. SWDdl F1.0/ SWALE � �o v I \ SPILL— DAM Ii OONmmPAD ❑ ® /n\ WOODED 6q I r POND \ C ! '• r 0 O i • Y p,WASTE C a I TREATMENT OFFICE OFFICE iY' CMP !� o 'ANK00 IRER I I' HOUSE I / FEN E II�wwr X fff/I/ EDPSEA(EfiFE /a '`� _ 1 �t l I f f f f if 1 J ll ! LUG E I '�/ / % / TOWDt�/ MAw I cMPf 2 ex1sT. �(/ I � , I f f f! l YE _v wtigi AAG / RE N'�R�-RAP 24' CMP x`, '�L! fl DUSE a Ii (j�f p MAINTENANCE ooca w, RIP -RAP EYJ�M / I J ' 01 �, W/RIP `� O �'�[/ p4 �K1At0fff' �1/1 l / rl 1 a� a C h ��+y� GUARD 111 / f I x+ I VEOEiAW OIL 'L` �� HOUSE n Li C�_1 p B SOUTH SHIPPING � f yr MCC o WAREHOUSE DOCKS /{ TEXTIL /� 'y� C El V 9Lac. aaSEo ovERAo FLP GAS �``� / LAB E I ' �Sim uRETHAIE ® ATE / PAVED AREA WAGON�� v RALCAR LID �� RR TRACKS — — RR TRACKS sra ��pr— FARM q FNCo Ij SIGN / r r whSTE LO NO LOi1R AGJ.- ED -_ pAINTEHAMCE �1,. �� �4 OUIFALL s r J DOME 5iii11 Q1/�� x 1` 1 FROM ODA Sp S GECY COFP. 1 r r � r l r — � r r r r r _ r S�yr�' �5 wrr xx / l _ r l / r r r LEGEND , 0 - ii 1111T,11 W — Sag 1; NM15n&L WAM — FM — IW SMM FORM MAIN AREA orVDM VO WAMOM 7WA7MMr .- — _ siaaorwr 11H O MANHOLE 13 SrORMDRMN CKM DAMN ® sou REWONSIE wT ® wer w m aw ►. rc9r WILL COlInWL W0E A wsomm somE Pow wwr MI111S1£MIIlER TREA7MOU SWO02 Pumm wommem our>&u IOWFALL DRAINIW AREA NOTES: 1. THIS MAP IS FOR STORM WATER PERMITTING ONLY. NO FIELD MEASUREMENTS WERE MADE. DRAINAGE AREAS ARE ESTIMATED. REFERENCE NOTES: 1. BASE MAP TAKEN FROM OVERALL SITE PLAN PREPARED BY PENTA ENGINEERING, P.A. DRAWING No. CH--EX-01002, DATED JUNE 25, 2001_ LAST REVISED MARCH 3, 2004. 2. SITE SURVEY TAKEN FROM SURVEY FILE NO. W-673—B(JOB 18602) PROVIDED BY R.B.PHARR AND ASSOC. DATED 6/7/91 ***CAUTION*** NORTH CAROLINA ONE CALL CENTER 3 DAYS BEFORE DIGGING CALF. !!nt�(/ TOLL FREE 1-800-632-4949 A ONE CALL SYSTEM FOR COMMUNITY AND JOB SAFETY. THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRACTOR'S CONVENfENCE ONLY. THERE MAY 13E OTHER UTI LITIES NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIEILiTY FOR THE LOCATIONS SHOWN AND IT SHALL BE 1HE CONTRACTOR'S RESPONISIBILITY TO 'VERIFY THE LOCATIONS OF ALL UTILITIES WI]HIN THE. LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. INOT FOR CONSTRUCTION A 10/09/2013 ISSUED FOR CLIENT REVIEW SDA AS ?BJS REV. I DATE DESCRIPTION BY CHK I APV GRAPHIC SCALE 150 0 75 150 300 (IN FEET) SCALE 1" = 150' ".F 148 River Street, Suite 220 Greenville, South Carolina 29601 864-421-9999 www.synterracorp.com IGM RESINS USA, INC 3300 WESTINGHOUSE BOULEVARD CHARLOTTE, NC SITE DIAGRAM STORM WATER POLLUTION PREVENTION PLAN 1099.09.01 SHEET REVISION DRAWING Ci07 I 1 OF 1 I A November 20, 2013 Mr. Bradley Bennett, Supervisor Stormwater Permitting Program Individual Permit Renewal 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: NPDES Stormwater Permit Number NCS000049 renewal package Dear Mr. Bennett, IGM Resins received a permit renewal package from your department date October 18, 2013. Please find enclosed a complete application form along with all requested information in duplicate in order to update and renew IGM Resins USA, Inc. NPDES Stormwater Permit. The following information was requested in the "Supplemental Information Required for Renewal of Individual NPDES Stormwater Permit" in duplicate is enclosed. 1. A current site map from the S WPPP. 2. A summary of Analytical Monitoring results during the term of the existing permit. 3. A summary of the Visual or Qualitative Monitoring results. 4. A summary of Best Management Practices utilized at the permitted facility, 5. No industrial activity change of significance has been implemented during term of the existing permit. 6. A signed certificate of the development and implementation of a Stormwater Pollution Prevention Plan. If you should have any questions concerning this submittal, please contact Gerald Walker at 704- 945-8702 at your convenience. Sincerely, Gerald Walker PE, QEP, CHMM SHE Engineer IGM Resins USA Inc. IGM Resins USA Inc. 3300 Westinghouse Boulevard Charlotte, NC 28273 United States of America t: +1 704 945 8702 f: +1 704 945 8721 e: g.walker@igmresins.com 1: www,lgmreslns.cam NMA Permit Coverage Permit Number Renewal Application Form NCS000049 'NCDENR National Pollutant Discharge Elimination System Stormwater Discharge Permit ;' ,�`• The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address I G M Resins Charlotte Inc Owner/ Organization !Name: Owner Contact: Chris Zawistowicz Cg 1 V-AQ 0 Mailing Address: 3300 Westinghouse Blvd M oa %�I> 5S Phone Number: Charlotte, NC 28241 {�`V G 1 w i TY a Z Z'7 3 Fax Number: Za13 E-mail address: NQV 2 5 •;.i� DS1W4S�t4�� Facility/Permit Contact Information IGM Resins Charlotte; Inc. r C M ftio 5 Facility Name: Facility Physical Addre, s: 3300 Westinghouse Blvd ,,•�i Charlotte, NC 28273 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge InfQrrnafjgn Steele Creek Receiving Stream Stream Class: C Basin: Catawba River Basin r Sub -Basin: 03-08-34 '1 Number of Outfalls: Impaired Waters/TMDE. Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? 0 Yes ❑ No ❑ Don't Know h I h 2 W TMDL [ for rnforn1atlon on t ese waters refer to ttp.//hen o.r.state.nc.us/su/1 mpalred _ aters / ) CERTIFICATION 1 certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. : a Signature Date Print or t�pe name of person signing above Title Stormwater Permitting Program :..: `.. Please return this completed renewal application form Individual Permit Renewal and other required supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be lete: considered comp (Do not submit the site`Storm►" ater Pollution Prevention Plan) Initials,�it'J�'; :i,, '.t. 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas),'drainage structures, drainage areas for each outfall, '',�t?r;ir},';!•' building locations and impervious surfaces should be clearly noted. • ir;f"•L � v>� 2. A summary of Analytical Monitoring results during the term of the existing permit (if youri?"'fi't ,. Y permit required analytical sampling). Do not submit individual lab reports. The summary'.:.' . can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H J.2„S3 3. A su mary of the Visual Monitoring results. Do not submit individual monitoring reports:11,, ' The summary can consist of a -table including such items as outfall number, parameters" surveyed, observations, and date monitoring conducted. �►-'� 4. A summary of the Best Management Practices utilized at the permitted facility. Summary'' should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6 for t If the final to filing the rener days of receipt o ication of the development and implementation of a Stormwater Pollution Prevention Plan permitted facility (Sign and return attached form). 1 it r itfl �" i year analytical monitoring of„the existing permit term has not been completed prioi T4i^,' ,al submittal, then the last years monitoring results should be submitted within 30'tii the laboratory reports. ,(i.e: do not withhold renewal submittal waiting on lab results),.:?. . Summary of Analytical Monitoring Results 2009 - 2013 Permit'Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 2009 Outfall Date Flow Total Rainfall . TSS GODS COD pH (mm/dd/yr) MG (inches) (mg/1) (mg/1) (mg/1) (SU) 001 06/11/2009 N/A 0.25 8.2 ND 16 7.08 01/17/2010 N/A 2.10 29 4.3 25 6.42 002 06/11/2009 N/A 0.25 4.2 ND 23 6.95 01/17/2010 N/A 2.10 11 2.4 22 6.6 003 06/11/2009 N/A 0.25 43 3.9 66 7.06 01/17/2010 N/A 2.10. 23 ND 12 6.73 004 06/11/2009 N/A 0.25 4.8 ND 16 7.44 01/17/2010 N/A 2.10 11 2.0 12 6.87 005 01/17/2010 N/A 2.10 4.3 N.Q. N.D. 6.85 2010 Outfall Date Flow Total Rainfall TSS BOD5 COD pH (mm/dd/yr) MG .(inches). (mg/1) (mg/1) (mg/1) (SU) 001 06/30/2010 N/A 0.3 69 7.1 . 180 • 5.51 . 10/25/2010 N/A 0.50 130 + 5,.8 55 6.49 002 06/30/2010 N/A 0.3 7.2 2.9 20 5.64 10/25/2010 N/A 0.50 30 6.1 27 6.98 003 06/30/2010 N/A 03' 50 5:9 80 5.85 10/25/2010 N/A 0.50 12 3.6 <10 6.74 004 06/30/2010 N/A 0.3 15 3.0 53 5.61 + 10/25/2010 N/A 0.50 7.4 3.1 <10 6.71 005 06/30/2010 N/A 0.3 13 3.2 24 5.29 10/25/2010 N/A 0.50 11 <2.0 <10 6.95 Summary of Analytical Monitoring Results 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 2011 Outfall Date Flow Total Rainfall TSS BOD5 COD pH (mm/dd/yr) MG (inches) (mg/1) (mg/1) (mg/1) (SU) 001 06/28/2011 N/A 0.4 110 ' 9.1 87 5.61 08/25/2011 N/A 0.4 10 09/21/2011 N/A 2.1 80 10/19/2011 N/A 13 3.2 41 6.45 002 06/28/2011 N/A 0.4 18 10 32 5.58 10/19/2011 N/A 1.5 15 ND 20 6.81 003 06/28/2011 N/A 0.4 22 9.9 46 5.25 • 10/19/2011 N/A 1.5 1.4 ND 13 6.62 004 06/28/2011 N/A 0.4 4.8 2.3 16 6.57 10/19/2011 N/A 1.5 1.6 ND 12 6.41 005 06/28/2011 N/A 0.4 52 3.2 24 6.6 10/19/2011 N/A 1.5 2.3 ND 15 6.47 2012 Outfall . Date Flow Total Rainfall TSS BOD5 COD pH (mm/dd/yr) MG . (inches) (mg/1) (mg/1) (mg/1) (SU) 001 05/8/2012 N/A 0.3 130 8.6 69 7.09 08/07/2012 N/A 0.37 9.2 3.0 79 6.66 002 05/8/2012 N/A 0.3 31 5.8 SO 7.1% 08/07/2012 N/A 0.37 32 6.6 14 6.65 003 05/8/2012 N/A 0.3 73 17 58 7.37 08/07/2012 N/A 0.37 3.7 2.3 57 6.81 004 05/8/2012 N/A 0.3 31 4.1 28 7.2 08/07/2012 N/A 0.37 9.7 4.1 45 7.0 2013 Outfall Date Flow Total Rainfall TSS BOD5 COD pH (mm/dd/yr) MG (inches) (mg/1) (mg/1) (mg/1) (SU) 001 06/06/2013 N/A 0.6 150 • 5.7 110 -' 5.63' • 0925/2013 N/A 0.28 44 5.5, ,.. 77 7.14 002 06/06/2013 N/A 0.6 38 3.5 53 5.59 • 09/25/2013 N/A 0.28 20 8.6 17 6.17 003 06/06/2013 N/A 0.6 100 3.8 36 5.74. • 09/25/2013 N/A 0.28 32 2.9 37 6.78 004 06/06/2013 N/A 0.6 33 4.3 36 5.87 09/25/2013 N/A 0.28 44 3.4 40 6.68 Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 Date June 11, 2009 Characteristics Location Outfall - 001 002 003 004 Ciba Geigy Color 1 1 1 1 No Discharge Odor 1 1 1 1 N/A Clarity 1 2 1 1 N/A Floating Solids 1 1 1 1 N/A Settled Solid None None None None N/A Suspended Solids 1 1 1 1 N/A Foam 1 1 1 1 N/A Oil sheen 1 1 1 1 N/A 1— None 2 — Faint 3 — Moderate 4 - Strong Date Nov. 13, 2009 Characteristics Location Outfall 001 002 003 004 Ciba Geigy Color 1 1 1 1 No Discharge Odor 1 1 1 1 N/A Clarity 2 2 2 3 N/A Floating Solids 1 1 1 1 N/A Settled Solid 1 1 1 1 N/A Suspended Solids 1 1 1 1 N/A Foam 1 1 1 1 N/A Oil sheen 1 1 1 1 N/A 1— None 2 — Faint 3 — Moderate 4 - Strong `r Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 Date May 3, 2010 Characteristics I Location Outfall 001 002 003 004 Ciba Geigy 005 Color 1 1 1 1 No discharge 1 Odor 1 1 1 1 N/A 1 Clarity 2 2 2 3 N/A 3 Floating Solids 1 1 1 1 N/A 2 Settled Solids 1 1 1 1 N/A 1 Suspended Solids 1 1 1 1 N/A 1 Foam 1 1 1 1 N/A 2 Oil sheen 1 1 1 1 N/A 1 1— None 2 — Faint 3 — Moderate 4 -- Strong Date June 30, 2010 Characteristics Location Outfall 001 002 003 -004'. 005 Color 2 1 2 1 1 Odor 1 1 1 1 1 Clarity 1 1 2 1 1 Floating Solids 2 1 1 1 1 Suspended Solids 2 1 2 1 1 Foam 1 1 1 1 1 Oil sheen I 1 1 1 1 1 1— None 2 — Faint 3—Moderate 4—Strong Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 Date October 25 2010 Characteristics Location Outfall 001 002 003 004 005 Color 2 1 2 1 1 Odor 1 1 1 1 1 Clarity 1 1 2 1 1 Floating Solids 2 1 2 1 1 Suspended Solids 2 1 2 1 1 41 Foam 1 1 1 1 1 Oil sheen 1 1 1 1 1 1- None 2 — Faint 3 — Moderate 4 - Strong Date June 28/30, 2011 Characteristics Location Outfall 001 002 003 004 005 Color 1 1 2 1 1 Odor 1 1 1 1 1 Clarity 1 1 1 1 1 Floating Solids 2 1 1 1 1 Suspended Solids 2 1 1 1 1 Foam 1 1 1 1 1 Oil sheen 1 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong Resampling Date August 5.2011 Characteristics Location Outfall 001 002 003 004 005 Color 1 Odor 1 Clarity 1 Floating Solids 1 Suspended Solids 1 Foam 1 Oil sheen 1 Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 1—None 2 — Faint 3 — Moderate 4 — Strong Date September 21, 2011 Characteristics Location Outfall 001 002 003 004 005 Color 1 Odor 1 Clarity 1 Floating Solids 1 Suspended Solids 1 Foam 1 Oil sheen 1 1— None 2 — Faint 3 — Moderate 4 - Strong Date October 19,2011 Characteristics Location Outfall 001 002 003 004 005 Color 2 1 1 1 1 Odor 1 1 1 1 1 Clarity 2 1 1 1 1 Floating Solids 2 1 1 1 1 Suspended Solids 2 1 1 1 1 Foam 1 1 1 1 1 Oil sheen 1 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong 4 Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 Date May 8, 2012 Characteristics Location Outfall 001 002 003 004 Color 1 1 2 1 Odor 1 1 1 1 Clarity 1 1 2 1 Floating Solids 2 1 2 1 Suspended Solids 2 1 1., 1 Foam 1 1 1 1 Oil sheen 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong Date August 7. 2012 Characteristics Location Outfall 001 002 003 004 Color 1 1 2 1 Odor 1 1 1 1 Clarity 1 1 2 1 Floating Solids 1 1 2 1 Suspended Solids 1 1 1 1 Foam 1 1 1 1 Oil sheen 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong 0 Summary of Visual Stormwater Monitoring 2009 - 2013 Permit Renewal Submission IGM Resins USA, Inc. Permit # NCS000049 Date June 6, 2013 Characteristics Location Outfall 001 002 003 004 Color 2 1 2 1 Odor 1 1 1 2 Clarity 2 1 2 1 Floating Solids 2 1 2 1 Suspended Solids 2 1 1 1 Foam 1 1 1 1 Oil sheen 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong Date September 26, 2013 Characteristics Location Outfall 001 002 003 004 Color 1 1 1 1 Odor 1 1 1 1 Clarity 2 1 1 1 Floating Solids 2 1 2 1 Suspended Solids 2 1 1 1 Foam 1 1 1 1 Oil sheen 1 1 1 1 1— None 2 — Faint 3 — Moderate 4 - Strong 6 'Best Management Practices Submitted to NCDENR NPDES Permit NCS000049 Renewal November, 2013 1. Good Housekeeping is implemented and enforced throughout the plant to ensure that the facility is maintained in a clean and orderly manner. IGM Resins recognizes that good housekeeping is important to safety and to pollution prevention. It is the responsibility of every employee to ensure that basic housekeeping standards are met. Employees are trained to incorporate routine cleanup operation, labeling of containers showing name and type of substance, and prompt and proper cleanup of all material used in work activities. 2. A comprehensive Preventative Maintenance Program is utilized at IGM Resins that ensures that mechanical and control equipment are in good working order minimizing the likelihood of leaks and malfunctions. This equipment is inspected on a routine basis to detect faulty operations and vessels checked for signs of deterioration. 3. Spill Response and Reporting. A Spill Prevention Control and Countermeasure (SPCC) Plan for oil and chemicals at the facility is in effect addressing prevention and spill response for potential "discharges." The SPCC plan addresses internal notification, spill response, strategies, spill equipment, spill procedures, and reporting requirements. IGM Resins has secondary containment at bulk storage locations, which drain into the plant wastewater treatment system. There is a procedure for draining all tank farm dikes to ensure that the material in the dike is inspected prior,to opening the drain valve. 4. In addition to permit required semisannual Visual Stormwater Outfall Monitoring A Comprehensive Stormwater Inspection is conducted at a minimum of semi- annually that includes inspection of all outside areas including loading/unload.ing areas, wastewater, treatment, area, production areas, Boneyare, hazardous waste and. red label drum storage areas, inspection of dikes around tank farms, process building roof and dry weather flow to storm water discharge outfalls to name a few. Also regular preventive maintenance inspections, utility operator inspections of the tank farm containment dikes, regular inspections of the hazardous waste storage area and Boneyard areas are also conducted. S. Sediment and Erosion.control, has'been minimized by various projects that have improved grading, reshaping and reseeding banks, and other landscaping improvements with the installation of fabric and stone. 6. As required by the, permit IGM Resins has developed a training program for.alI employees for annual training on proper spill response and cleanup procedures, goals of the SWPPP, good housekeeping measures, and BMPs. In.addition, HazWOper training is provided,for all operations personnel., " L k . ' . E3• ,. P<<, .. ,, .�+teL �,k l ..N �i-•�"" fir, ( _ ;. _ � :�; _: x.� • r•..3,' - �• STORKWA�'ER°POLLUTION. PREVENTION PLAN - : - 77 Y DEVELPMEN=FND AjINiPLEMENTATION ' to N ,ray � y r #L—ERTIFICAT10N �iir �s u No, Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting Facility Name: IGM Resins Charlotte, Inc, Permit Number: NCS000049 Location Address: 3300 Westinghouse Blvd ` Charlotte, NC 26273 County: Mecklenburg " '• "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and ,�., implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather;:t: )' and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete.' :�;;iallp And t� "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit" And , "I am aware that there are significant penalties for falsifying Information, including the possibility of Fines and imprisonment for knowing,, violations.' g ( gl p g ry, q j n this CerEification. DO NOT SEND Sign accordin to ermit si nato re ulrements and retur EVENTION PLAN WITH x,S THIS STORMWATER POLLUTION�PR Signature Date Title 5PPP Certification 10/13,.:�-.• 1,., `• . Ii G, ww �3Ja�c Ig Cal, W I 6cr:ld V),Jb r - G 1g41 as' 70W) Rk5-- g7o2 ,. 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Permit #i NCS000049 2014 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/1) pH (SU) 001 2/21/2014 0.25 51 3.8 23 7.09 002 2/21/2014 0.25 22 3.1 54 6.85 003 2/21/2014 0.25 33 ND 51 7.07 004 1 2/21/2014 0.25 11 ND 18 1 6.93 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/I) BOD5 (mg/1) COD (mg/1) pH (SU) 001 9/24/2014 0.28 6.4 ND 11 6.69 002 9/24/2014 0.28 4.0 4.4 ND 6.58 003 9/24/2014 0.28 11 2.2 18 6.54 004 9/24/2014 q.28 3.9 ND ND 6.71 2015 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BODS (mg/1) COD (mg/1) pH (SU) 001 3/5/2015 0.32 31 4.7 38 7.5 002 3/5/2015 0.32 16 2.6 22 7.45 003 3/5/2015 0.32 16 3.0 1 26 7.51 004 1 3/5/2015 0.32 1 2.5 1 ND I ND 7.09 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/1) pH (SU) 001 10/2/2015 1.1 250 4.3 69 6.74 002 10/2/2015 1.1 17 ND 26 7.2 003 10/2/2015 1.1 7.3 ND 22 6.95 004 10/2/2015 1.1 1.6 ND 19 6.8 Resample Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/1) pH (SU) 001 10/28/2015 0.45 16 - - - 002 003 004 Resample Outfall Date Flow MG (if app.) ' Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/0 pH (SU) 001 11/19/2015 1.15 33 - - - 002 003 004 2016 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/0 pH (SU) 001 2/3/2016 1.1 32 11 56 7.34 002 2/3/2016 1.1 19 2.1 12 7.17 003 /2016 1.1 20 ND ND 7.21 004 t2;3/2016 1.1 16 ND ND 7.19 Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/0 pH (SU) 001 9/1/2016 0.85 13 10 48 6.79 002 9/1/2016 0.$5 37 2.6 16 6.81 003 9/1/2016 0.85 6.3 2.8 15 6.67 004 9/1/2016 0.85 6.6 2.7 14 6.17 2017 Outfall Date Flow MG (if app.) Total Rainfall (Inches) TSS (mg/1) BOD5 (mg/1) COD (mg/1) pH (SU) 001 3/31/2017 1.25 12 4.6 12b 6.33 002 3/31/2017 1.25 18 7.6 71 6.41 003 3/31/2017 1.25 15 4.3 33 6.67 004 3/31/2017 1.25 1 2.7 1 2.4 24 1 '6.54 0utfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BOD5 (mg/1) COD (mg/1) pH (SU) 001 9/1/2017 0.52 9.1 2.4 15 6.20 002 9/1/2017 0.52 7.1 4.1 13 6.37 003 9/1/2017 0.52 15 3.1 1 41 6.18 004 9/1/2017 0.52 2.7 ND ND 6.44 ;.. Outfall Date Flow MG (if app.) Total Rainfall (inches) TSS (mg/1) BODS (mg/1) COD (mg/1) pH (SU) 001 2/26/2018 0.21 NO 2.4 83 7.08 002 2/26/2018 0.21 12 2.8 99 7.17 003 2/26/2018 0.21 6 2.9 i0o 6.99 004 2/26/2018 0.21 NO NO NO 6.9 of wArFR � r 4 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources DATE: November 5, 2008 TO: Charlotte Observer NUMBER: 704-358-5340 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807-6303 SUBJECT: PUBLIC NOTICE PAGES: 1 Coleen H. Sullins, Director Division of Water Quality Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, November 11, 2008. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Cognis Corporation, 3300 Westinghouse., Charlotte, NC 28241 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Cognis Corporation, 3300 Westinghouse., Charlotte, NC, Mecklenburg County. The facility discharges to waters designated as Steele Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000049, are available by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 brian.lowther@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than December 12, 2008._All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000049. WSW, wM N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 The Charlotte Observer Publishing Co. Charlotte, NC North Carolina ) ss Affidavit of Publication Mecklenburg County] THE CHARLOTTE OBSERVER ------------------------------ -------------------+------------------------ STORMWATER PERMITTING UNIT I NCSDENR/DW0 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1677 I REFERENCE: 30064055 6270961 Cognis Corporation I I Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, cloth depose and say that he/she is a representative of The Charlotte observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The I Charlotte observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina, and that as such he/she is familiar with the books, records, files, and business of said I Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation I and Publication. I I 1 I I I PUBLISHED ON: 11/11 I I I I AD SPACE: 62 LINE I FILED ON: 11/14/08 ------ --- --- ---{ ----- ---- -- fj-------- NAME: �a r TITLE: r DATE: 14 Zug In Testimony Whereof I have hereunto set my hand and affixed my seal, the day and year aforesai . Mil C01nmisslon EA—Phs May i� � , 2a1i Notar ' am -mission Expires: 1k. r- I 02 WATFAQ Michael F. Easley, Governor 7 WilliamG. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Golsen H. SulEins, Director Division of Water Quality October 27, 2008 Mr. Bill Shaw Cognis Corporation PO Box 7044 Charlotte, NC 28241 Subject: Draft NPDES Stormwater Permit Permit No. NCS000049 DSM Desotech Incorporated Gaston County Dear Mr. Shaw: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. The analytical monitoring parameters, BOD-5, COD, and pH, have been maintained for the sampling requirements in this permit. Acetone was removed. TSS was added to the analytical monitoring requirements based on EPA Multi -Sector General Permit, Sector C "Chemical and Allied Products" recommendations. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to 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, 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. No`t`r Cara "na �tua�t� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.enr.statemc.us 512 N. Salisbury St, Raleigh,NC 27604 FAX (919)807-6494 1-877-623-6748 An Equal opportunity/Affirmative Action Employer- 509E Recycled110% Post Consumer Paper W,lr,Bi11 Shaw C(; nMs Corporation Permit No. NCS000049 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part I1 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 1I 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. 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 Brian Lowther at (919) 807-6368 or brian.lowther®ncmail.net cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 11 9 m NCS000049 F W A TF Michael F. Easley, Governor �� `4p William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co r Coleen H. Sullins Director _ Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Cognis Corporation NPDES Permit Number: NCS000049 Facility Location: Charlotte, NC (Mecklenburg County) Type of Activity: CHEMICAL MANUFACTURING SIC Code: 2869 iInk Receiving Streams: See Figure 1 ,C U River Basin: Catawba River Basin, Sub -basin 03-08.34 E-1V Stream Classification: C SEp 2 4 20,03 Proposed Permit Requirements: See attached draft permit. V, Monitoring Data. See Table I Facility Location: See Figure I DWQ Sudace Dater P[ tv°01101 Response Requested by (Date): October 22, 2008 Central Office Staff Contact: Brian Lowther, (919) 801-6368 Special Issues: Issue 'RatingScales' 1 ease `to 10 hard Compliance history 5 Benchmark. exceedance 3 Location (TMDL, T&E species, etc 5 Other Challenges: • Finding Acetone Benchmark 5 Difficult Rating: t8 Description of Onsite Activities: Chemical Manufacture, store raw materials, Incoming & Outgoing trucks, and mixing chemicals as Documents Reviewed: •. SPU File • Central File • 2004 Catawba Basinwide Plan * 2008 draft 303(d) list • National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" 0' � M k al 9 o �t y V �;s? opo rl Page 1 of 8 NCS000049 History: Date Permit first issued: 10/01/94. • Date Permit re -issued: 09/01/01 • Date: Inspection by Christopher Elmore of the Mecklenburg County Water Quality Program on March 11, 2005 Date: Permittee submitted renewal application: 02/09/06 Page 2of8 NCS000049 -.4 c7- Figure 1: Map of Facility Gognis Ccirporation i 77 440 0 3140 NIZt klilr A.IR -A NCS000049 H Z17 map Scale Cognis Corporation Lab qjde: 350 8' 9" N Longitude: 800 5743" W County: Me Ienburg Receiving Stream: Steele Greek Stream C m: C Sub-basn: 03-08-34 (Catawba River Basin) Facility Loca tio n Page 3 of 8 NCS000049 Central Office Review Summary: 1. Owner's Other Permits: Owner has no other permits in BIMS. 2. General Observations: • Based on the site visit 03/11/05 the site seems to be compliant with their permit. The facility is engaged in producing a wide variety of chemicals for use in industry. The facility stores these products on - site until they are transport to their purchaser. All production areas and most storage areas are covered to exclude rainwater. All chemical storage areas have secondary containment. 3. ImRairment: Steele Creek is not listed on the 303(d) and not in the Catawba Basinwide Plan. 4. Threatened and Endangered: No State or Federally endangered or threatened species within 2 miles of the site based on the NC Natural Heritage Virtual Workroom. 5. Location: Outfalls goes to a'C Stream. 6. Industrial Changes Since Previous Permit: The only change was the deactivation of the ethoxilation process in May of 2005, for which ethylene oxide and phenol are no longer stored in bulk or used in the production at the plant site. 7. Analytical Monitories Notes: The analytical monitoring was done three times. A list of reasons was attached for not being able to sample during March until May 2005. The central file shows no monitoring after the application was filed. COD had one value over the current benchmark for outfall 3. COD and BOD were maintained in the monitoring because only 3 samples were taken and more data is needed to withdraw the monitoring, pH was below the range twice. Acetone was removed after talking to the permit contact. Acetone is not used in any process onsite and current levels were very low. Based on the EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products", TSS should be included for the SIC 2869. Oualitative Monitoring•_ Notes: Nine different monitoring was done from 9/4/01 to 11/28/05. Most of the responses were usual, none, and clear. Page 4 of 8 NCS000049 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration Acetone BOD 5 COD pH Sampling Date Flow (in) (hours) Benchmark: Benchmark: Benchmark: Benchmark: Range (MGD) 17 mg/L 30 mg/L 1 120 mg/L 6-9 su Outfall 1 11/12/2004 0.066 0.028 5.5 <50 2/14/2005 0.031 <.020 4 <50 6.1 6/6/2005 0.028 0.034 12 <50 6.9 Outfall 2 11/12/2004 0.022 0.083 2 5 <50 2/i4/2005 0.021 <.020 <2 <50 6.4 616 /200 5 0.02 0.018 9.7 <50 5 33 Outfall 3 11/12/2004 0.007 1 0.02 1.8 <50 6.4 2/14/2005 0.007 <.020 12 6.6 6/6/2005 0.007 0.035 18 79 6.3 Outfall 4 11112/2004 1 0.34 <.020 <2 <50 6.9 2/14/2005 0.28 <.020 4.9 <50 6.4 6/6/2005 0.26 <.020 3.1 <50 7.3 Over Current Benchmark Data Not Collected Page 5 of 8 NCS000049 Revised Permit Recommendations: Analytical Monitoring: 1. BOD-5, COD, and pH were maintained. Acetone was removed. TSS was added to the analytical monitoring requirements based on EPA Sector C "Chemical and Allied Products" recommendations. 2. .All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all 6f the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL, established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges, 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 f C NCS000049 Discussions with permittee; Bill Shaw, 704 945 8728, 9/10/08 Randy Rhoades has left new contact is Bill Shaw (Safety and Environmental Manager) l . General description of industrial activities? Chemical Manufacture, store raw materials, Incoming & Outgoing trucks, and mixing chemicals as well as reactors. 2. Have there been any changes since filing the application? Shut down some processes areas. 3. What is your source of potential acetone pollution? Acetone is not in any of the processes and only in very small quantities in the lab. 4. Do you have a waste water permit? Yes, they have pretreatment and a wastewater permit with Charlotte. 5. - Do you have vehicle maintenance onsite? Some fork lift maintenance. 6. What is you SIC code? NAICS 325998 e Page 7 of 8 4 NCS000049 Recommendations: Based on the documents reviewed, the application information submitted on February 9, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) - Date a 2 r r I Lo8 Stormwater Permitting Unit Supervis Date $ dS for radley ennett rr j Concurrence by Regional Ofi'ice _ Qi� Date / z%-y Water Quality Supervisor - � W—A ---- _ Date L G Regional Office Staff Comments Page 8 of 8 rol Mr. Randall Rhoades Cognis Corporation PO Box 7044 Charlotte, NC 28241-7044 Dear Mr: Rhoades: Michael F. Easley, Governor a, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 4, 2008 Subject: NPDES Permit Renewal Application Cognis Corporation Permit Number NCS000049 Individual Stormwater Permit Mecklenburg County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000049 on February 9, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As Iong as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. Sincerely, ZL� C. za,_V� Brian Q. Lowther Environmental Engineer Stormwater Permitting Unit cc: Mooresville Regional Office Stormwater Permitting Unit Files Central Files r�Caro ina tura�ly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o,enr,state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunitylAtfirmallve Action Employer— 50% Recycled110% Post Consumer Paper February 3, 2006 Mr. Bill Mills Stormwater and General Permits Unit 1617 Mail service center Raleigh, N.C. 27699-1617 W i U _ Z,I p; Re: NPDES Stormwater Permit # NCS000049 renewal packet Dear Mr. Mills: ognis, Cognis Corporation P.O. Box 7044 Charlotte, NC 28241 USA Phone 704/588.2500 www.cognis-us.com i) W aa� �nVn LL- u °3 Cognis Corporation received a permit renewal package from your department dated December 29, 2005. Please, find enclosed a complete application form along with all requested information in order to renew Cognis Corporations NPDES Stormwater Permit. The following information was requested in the "Supplemental Information Required for Renewal of Individual NPDES Stormwater Permit" in duplicate and is enclosed. 1. A current site map from the SWP3. 2. A summary of the final year analytical monitoring. 3. Visual stormwater monitoring is conducted at least twice per year. Please find enclosed the results of this monitoring on the nine tables enclosed with this letter. 4. A summary of the Best Management Practices utilized at Cognis Corporation. 5. The only industrial activity change of significance was the deactivation of the ethoxilation process in May of 2005, for which ethylene oxide and phenol are no longer stored in bulk or used in production at the plant site. (No enclosure) 6. A signed certification of the development and implementation of a Stormwater Pollution Prevention Plan (S WP3). If you have any questions regarding the permit renewal please contact Randy Rhoades at 704- 945-8726 or the below listed email. Respectfully yours, 12. Randall B. Rhoades Environmental Specialist Randy Rhoades Environmental Specialist Cognis Corporation -- P.O. Box 7044 Charlotte, NC 28241 Ph:704-945-8726 Fax:704-945-8728 randy.rhoades(@,cognis.com nis.com e Enclosure Cc: C. Zawistowicz, Cognis Corporation ! B. Shaw, Cognis Corporation Randy Rhoades Environmental Specialist Cog nis Corporation — P.O. Box 7044 Charlotte, NC 28241 Ph:704-945-8726 Fax:704-945-8728 randy. rhoadcscp nis.com State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 29, 2005 COGNIS CORPORATION ATTN: RANDALL BRUCE RHOADES, OR SUCCESSOR PO BOX 7044 CHARLOTTE, NC 282417044 Dear Permittee: F90WANCDENR f NORTH C.AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Cognis Corporation Permit Number NCS000049 Mecklenburg County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000049. This permit expires on August 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by August 31, 2006. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stogy rmwater'and Ge ren al_Pe�mits Uni lies Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 19, 1999 BILL SHA W HENKEL CORP. PO BOX 7044 CHARLOTTE, 'NC 28241 1�• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRces Subject: NPDES Stormwater Permit Renewal Henkel Corp. Permit Number NCS000049 Mecklenburg County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000049. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper SW6 91 North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Neville McDonald P.O. Box 7044 Charlotte, NC 28241 Dear Mr. McDonald: h I — "I LT.6;qA tT4 0 16 OL �EHNR August 31, 1994 Subject: Permit No. NCS000049 Henkel Corporation Mecklenburg County In accordance with your application for a stormwater discharge permit received on October 1, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bill Mills at telephone number 919/733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr, P. E. cc: Mr. Jim Patrick, EPA Mooresville Regional Office Mecklenburg County P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000049 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Henkel Corporation is hereby authorized to discharge stormwater from a facility located at 3300 Westinghouse Blvd. Charlotte Mecklenburg County to receiving waters designated as Steele Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective October 1, 1994. This permit and the authorization to discharge shall expire at midnight on August 31, 1999 Signed this day August 31, 1994. Original Signed By vOicten R Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000049 19:4931101Aff:[499►II/:II T.`l Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 hoptor. .�/ '�— sM aro+v " • �]Vla��na I'� o + ti _ cos Lak � t. � r •�J �'' � ••ter •'Y� � ^° ��� b 65e� B<01 0 - �•� �� _65o - - ,✓ act O- - ---_- ',� _ ,@- / fA 1f5J ••` 6 Qa=aI 0 so » `. 1' to —� ke • it (• _. .. 15 ..Ij ~�. `o ` c� III `'4 '��� L� •_. - 1--�' - �•�l` -. -- *• ` �� �`. Xing H } 1 ('Airport T J 4 y Q� ss - Fled --_-r-.. - _ -.z _-111I 1 •j 5_- _ _ 51��4. • - --- .. .. 'i � - - _.� ti� Ems-' �-% _ �,. r:' , �' ,�• 1' - •-_ _53 ;� .::�`+,"�/ f 41F�!` -�'• - ;,/�' ��_ � -�;Central FIe�Creek• `,, k;<'; •+ 1 4 �'6MSi Ch \< .5 ■ Towel _ p' - _ Tan;. Tr 11er Tar- . i • �l �► ' r /! t 502 1 4 10 COO rcE r 1 503 5' 30" 504 j'r m -, r, i tm rPORT MILLI 506 4854 III SW iurvey SCALE 2:24000 0 >urvey tographs MNI IDC4 0 1000 2GPJ 3000 d00n 5000 6000 GN d yy° 0'02• CONTOUR INTERVAL i0 FEE" 7, JIII : µ{= NATIONAL GEODETIC VERTICAL DATUM OF 1929 / I the I� IITM (Win ANn Ibkn M. Ar: •::'�i. Ni^.R74 Permit No. NCS000049 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES FS. ,C 1ONN A; FINAL LIMITABONSAND COM,QLS FOR STORMWATER DISCHARGES 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 below. 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 11, Standard Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the following items: z. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) 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. (5) 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 U, Standard Conditions, Section B.9. Page 4 Permit No. NCS000049 b. 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: (1) A study addressing 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 practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) 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. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. 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. e. 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 Page 5 Permit No. NCS000049 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g . Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h . Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during 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. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Page 6 Permit No. NCS000049 Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. 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. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. C. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) 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. (3) Discharges resulting from fire -fighting. Page 7 Permit No. NCS000049 If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring tormwater Discharge Characteristics Units Measurement 1 Sam 2 Sample LQcation3 H Std. Units annually Grab SDO Chemical Oxygen Demand m annually Grab SDO BODS m annually Grab SDO Acetone m annually Grab SDO Total Rainfall4 inches Event Duration4 minutes Total Flow4 MG SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility mla;it perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part H, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. (2) Cut-off Concentrations The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 8 Permit No. NCS000049 required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. H within the range of 6.0 to 9.0 Chemical Oxygen Demand <120 m BOD5 <30 m Acetone <0.005 m Footnotes: 1 pH cannot be averaged due to the nature of the, logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. tormwater Discharge Characteristics 1 Monitoring J=2 Monitoring Locatio 3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. Page 9 Permit No. NCS000049 (4) Analytical Monitoring Requirements for Vehicle Maintenance Activities) Stormwater Discharge Characteristics Units Measurement 2 Sample Sample 3 H standard annually Grab SDO Oil and Grease m9A annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 u annually Grab SDO Total Suspended Solids m annually Grab SDO Detergents (MBAS)6 m annually Grab SDO FoQmotes: 1 Stormwater discharges from 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 be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at -facilities which conduct vehicle cleaning operations. (5) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 11 Permit No. NCS000049 required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee m= perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. H 1 within range 6.0 - 9.0 Oil and Grease < 30 m Lead, Total Recoverable < 0.033 mg/1 Total Suspended Solids < loom Detergents (MBAS) < 0.50 m 11 Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall -be used for cut-off concentration purposes. Page 12 Permit No. NCS000049 The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 13 Individual Stormwater Page Al IV. PART n STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS WEERNW, WITMMUM. ; The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. I ;PT-KiRno :34' Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. • *1 V'.el Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the. summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N Is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. + +Ogre W11;t7sT-M;W 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 having a total storage capacity of greater than 1,320 gallons. 5. CalendarDav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 7. DD-EUor Division o The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management, the permit issuing authority. aMEROM The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Am 11. Lau= 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. All municipal separate storm sewers that are either. a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or c. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. Me •, • 1 1!1 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. A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 3.13 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b . Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Individual Stormwater Page A4 21. Significant S4U Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR, I 17:2I) or-section-107 of CERMA (Ref; 40 CFR 302.4). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under W of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; C. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have . received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile unkyards, including but limited to those classified as Standard Industrial classification 5015 and 5093; Individual Stormwater Page A5 g. Stearn electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-U) of this definition). For the categories of industries identified in (a) through Q) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used, for the storage and maintenance of material handling equipment; sites used for residual treatment:, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). D - M . got The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27. Zvnes of Samples a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected,at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by wateyr,' air,-grarity,­vrimfroririts sit -of origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. Waste„Rile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 r• ::. • •rro 1. The permittee must comply with all cenditiorimf this 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 renewal application. a. The permittee shall comply with effluent 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 $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 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 $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars (S10,000) 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 Administrator for violating section 301, 302, 3061307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duly to The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3►143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsibleforconsequential damages, such as fish' kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 • .�... ...1MITIF.M. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. gomm-grare : •i The issuance of this 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. N. INNER = sit U111 The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to dischar a beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications 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 Individual Stormwater Page A10 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 exceeding25 milhon-(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 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 matters for the company.'(A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under.my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page Al I This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. PUMVISMONG1•2111NOSTIN:.P• 35:41r ►: • as-11wir•► •.OI:a 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 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 the permit. fill" S- -, - It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. a. Definitions (1) 'Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause limitations to be exceeded, but only -if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (I) 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part II, E. 5. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 (3) The perminw submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Upsets a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, Iack of preventive maintenance, or careless or improper operation. b . Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:.. (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part 11, E. 5. (b) (B) of this permit- (4) The permittee complied with any remedial measures required under Part U, A. 2. of this permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. yVlow r u• M•;l.1.*: •;o Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. if no approved Individual Stormwater Page A14 methods are determined capable of achieving minimum detection and reporting levels below general pen -nit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 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. M ,M The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least S years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this 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 The results of such analyses. The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator.or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Individual Stormwater Page A15 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b . Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c . Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b . The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. Transjgys 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. 4. Monitoring Repor#s Monitoring results shall be reported at the intervals specified elsewhere in this permit. 5. Twenty-four- Hour2aoniU a. 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 r . Individual Stormwater Page A 16 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 it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part II. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 5. of this permit. Where the permittee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, alI reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent 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. ..'. • •� • a� ��•. 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 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. 1 � Individual Stormwater Page A17 AY PART III LIMITATIONS REOPENER This 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 permit; or b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. ADMINISTERING PART IV AND COMPLIANCE REQUIREMENTS MONITORING FEE The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.