HomeMy WebLinkAboutNCS000057_HISTORICAL WITH APPLICATION_20120203----------STORIVIINATER-DIVISION-CODING-SHEET ----"
PERMIT NO.
NC�-,DC005
DOC TYPE
❑FINAL PERMIT
❑ MONITORING INFO
APPLICATION
COMPLIANCE
❑ OTHER
DOC DATE
❑ ZZ12 aZ-O�j
YYYYMMDD
AWMA
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director ReC lV� Secretary
February 3, 2012 DIVISION OF 1IilATER QUALITY
'
Mr. Mark Dwyer FEB o 8 20112.
Chemical Specialties, Inc.SVVP SECTION
P.O. Box 1330 MOORESVILLE REGIONAL OFFICE
Harrisburg, NC 28075
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000057
Chemical Specialties, Inc. (CSI)
Cabarrus County
Dear Mr. Dwyer:
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 have been reduced in this permit to include TSS, COD, Copper, Zinc, and
pH. Sampling for Arsenic and Lead have been removed.
2. All analytical monitoring remains at semi-annually during a qualifying storm event However, the qualifying
storm event has been revised from a representative storm event to a measurable 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. Failure to monitor semi-annually per permit terms immediately institutes monthly monitoring for all
stormwater parameters for six months, as specified in below Table 2.
4. Benchmarks for analytical monitoring remain in this draft permit Exceedances of benchmark values require
the permittee to increase monitoring, increase management actions, increase record keeping, and/or instals
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 One 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 Two guidelines which require a
repetition of the steps listed for Tier One and also immediately institute monthly monitoring for all
parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive
samples. During the term of this permit, 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 follow the Tier Three'guidelines which require the
permittee to notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth
analytical results.
Wetlands and stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919.807.63001 FAX: 919.807.6494
Internet: www.ncwaterquality.org
An Equal opportunity 4 ARrmatva Action Employar
NorthCarolina
Natura!!rf
Mr. Mark Dwyer
CSl
Permit No. NCS000057
5. As discussed previously, Copper and Zinc are not subject to triggering the increased monitoring requirements
of Tier Two and Three. In lieu of this, mandatory best management practices (BMPs) are included as
specified in Part I1, Section E.
6. You are required to collect all of the analytical and qualitative monitoring samples during measurable storm
events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall
status.
7. A section on qualitative monitoring response has been added in Part II, Section C, which is similar to the Tier
Three for analytical monitoring, for repeatedly failing to respond effectively to correct problems identified by
qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation.
8. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 2, 4, and 5.
9. The event duration requirement has been removed per DWQ revised strategy. (The total rainfall parameter is
in this permit, however.)
10. Vehicle maintenance monitoring remains semi-annually in order to coincide with analytical and qualitative
monitoring. Monitoring for TPH has replaced Oil & Grease. 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 TMD[, 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 Parti1 Section'A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part Il 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. 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.
5. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR
copy must be submitted to the local DWQ Regional Office by March 1 of each year.
Please submit any comments to me no later than thirty (30) days following your receipt of the draft Comments
should be sent to the address listed at the bottom of this page: If no adverse comments are received from the
public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at (919) 807-6375 or
robert.patterson@ncdenr.gov.
cc: Mooresville Regional Office, Michael Parker
Stormwater Permitting Unit .
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
1 �
s
Attachments
2
Permit No. NCS000057
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
TO DISCHARGE STORMWATER UNDER THE
In compliance with the provisions of North Caroli W enerafWtute 143-215.1, other
lawful standards and regulations promulgated a o Led by the North Carolina
Environmental Management Commission, an e r Water Pollution Control Act, as
amended,
S ialties, Inc.
is hereby authoriziorge stormwater from a facility located at
10 Pharr Mill Road
Harrisburg, NC
Cabarrus County
to receiving waters designated as Rocky River, a class C stream in the Yadkin -Pee Dee River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, 11, Ili, and 1V hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective May 1, 2012.
This permit and the authorization to discharge shall expire at midnight on April 30, 2017.
Signed this the 20th day of April, 2012.
for Charles Wakild, PE, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000057
PART
Section A;
Section B:
Section C:
PART II
Section A:
Section B.
Section C:
Section D:
Section E:
PART III
Section A:
TABLE OF CONTENTS
INTRODUCTION
Individual Permit Coverage
Permitted Activities
Location Map
MONITORING, CONTROLS, AND LIM
DISCHARGES
Stormwater Pollution Preventior
Analytical Monitoring Req '�
Qualitative Mo 'torin qu
is
PERMITTED
On -Site Vehicle , I n Monitoring Requirements
Mandatory , st Ma ement Practices (BMPs)
STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Compliance and Liability
1. Compliance Schedule
2. Duty to' Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
S. Oil and Hazardous Substance Liability
b. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties For Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to'Reapply
I
Permit No. NCS000057
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements _
Section C: Operation and Maintenance of Poll 2 o rols
1. Proper Operation and Ma?'1e(____c"�1
2. Need to Halt or Reduce Nense
3. Bypassing of Stormwa�cilities
Section D: Monitoring and Records
1. Represe tativ m
2. Recor a It
3. Flow M me
4. Tes roved
5. Re. sent a Outfall
6. Re etention
7. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
Permit No. NC5000057
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such -discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Ex os a Exclusion from NPDES
stormwater discharge permit requirements. Any o ne perator wishing to obtain a No
Exposure Exclusion must submit a No Exposure C ifi • • oti of Intent (NOI) form to
the Division; must receive approval by the Divisi st • n no exposure conditions
unless authorized to discharge under a valid NPD rmwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES T
1w
Until this permit expires or i fi evoked, the permittee is authorized to discharge
stormwater to the surface wate o arolina or separate storm sewer system that
has been adequately treated d m d in accordance with the terms and conditions of
this permit. All stormwate ischar 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.
Part I Page 1 of 2
SECTION C: LOCATION MAP
Permit No. NCS000057
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NCS000057 Chemical Specialties, Inc.
Latitude: 350 19' 56" N
Longitude: 80' 37' 33" W
40
il` F County: Cabat•lUS
I Receiving Stream: Rocky River
y Index No,: 13-17
Sti-eam Class: C
Sulu -basin: 03-07-12 ,Yadkin - Pee Dee River Basin) Facility Location
Part I Page 2 of 2
Permit No. NCS000057
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site. 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 Plan. The site plan shall provide a description of,
potential pollutant sources that may be exp
stormwater discharges. The site plan shall
(a) A general location map (USGS quadrangle,0
map), showing the facility's location in r-Wat
waters; the name of the receiving wa s
discharge, or if the discharge is to - u cip
name of the municipality and the ti tj
n
Physical facility and the
bute to contamination of
appropriately drafted equivalent
nsportation routes and surface
the stormwater outfalls
,eparate storm sewer system, the
iving waters; and accurate latitude
and longitude of the po' of arWKhe general location map (or alternatively
the site map) shall iden e e ach receiving water is impaired (on the state's
303(d) list of impaired r ocated in a watershed for which a TMDL has
been established, a - what arameters of concern are.
(b) A narrative descriftletorage practices, loading and unloading activities,
outdoor process are , Est -or particulate generating or control processes, and
waste disposal practices. Ainarrative description of the potential pollutants that
11
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.
Part I[ Page 1 of U
Permit No. NCS000057
(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 Plan. The stormwater management plan 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 plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical d - omic feasibility of changing
the methods of operations and/or storage cti lim' ate or reduce exposure
of materials and processes to rainfall and r - flo erever practical, the
permittee shall prevent exposure of all star eas, material handling operations,
and manufacturing or fueling operations. a here elimination of exposure is
not practical, the stormwater manage p n all document the feasibility of
diverting the stormwater run-on aw f m s of potential contamination.
(b) Secondary Containme Re m n nd Records. Secondary containment is
required for: bulks or3RTMWe7bVf li .1 aterialk; storage in any amount of Section 313
of Title III of the Superfu n nts and Reauthorization Act (SARA) water
priority chemicals; an tora - a amount of hazardous substances in order to
prevent leaks and s s from o taminating stormwater runoff. A table or summary
of all such tanks an ore aterials and their associated secondary containment
areas shall be main f 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 (5) years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
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.
Part 11 Page 2 of 12
Permit No. NCS000057
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Faciiity 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 the potential to contaminate
stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil 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. n
4. Preventative Maintenance and Good House ep' gr . A preventative
maintenance and good housekeeping program e e ed and implemented.
The program shall list all stormwater control s s, stormwater discharge outfalls, all
on -site and adjacent surface waters and wed ds, trial activity areas (including
material storage areas, material handling .s "al areas, process areas, loading
and unloading areas, and haul roads), a dr . a atures and structures, and existing
structural BMPs. The program all b h edules of inspections, maintenance,
and housekeeping activitie f sto at I trol systems, as well as facility
equipment, facility areas, i gtems that present a potential for stormwater
exposure or stormwater poll not already addressed under another element
of the SPPP. Inspection o ater ndling areas and regular cleaning schedules of
these areas shall be inc orate to the program. Timely compliance with the
established schedules f 'nsp ions, maintenance, and housekeeping shall be
recorded and maintainglEWe SPPP.
5. 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
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
6. 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.
7. SPPP Amendment. 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:
Part II Page 3 of 12
Permit No. NCS000057
(a) an updated list of significant spills or leaks of pollutants for the previous
three (3) years, or the notation that no spills have occurred (element of the
Site Plan);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Plan);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Plan),
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 i riting (in accordance with
Part III, Standard Conditions, Section B, ParagraUb 3"e Director that the changes
have been made.
B. Facility Inspections. Inspections of the facilit n W all stormwater systems shall occur
as part of the Preventative Maintenance and o ' o ekeeping Program at a
minimum on a semi-annual schedule, one 1 t 5 first half of the year (January to
June), and once during the second half fglyJ5 =Gaember), with at least 60 days
separating inspection dates (unless o ed ore frequently than semi-annually).
These facility inspectionsm j a diff t fr din addition to, the stormwater
discharge characteristic i r uired in Part II B, C, and D of this permit.
9. SPPP Implementation. a pe i e shall implement the Stormwater Pollution
Prevention Plan and all propri BMPs to prevent contaminants from entering
surface waters via stor ater mplementation of the SPPP shall include
documentation of all m - g, 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.
Part 11 Page 4 of 12
Permit No. NCS000057
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall he performed during a measureable storm event at each
stormwater discharge outfall (SDO).
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 DWQ Regional Office. See Definitions,
E
Table 1. Analytical Monitor in Re uirem (ts 4kV
DlDan aai
a
Sample
imple
Charaeteris 3- s
nits .
en.
T�ype2
ca o _
Total Suspended Solids
m L
nnual
Grab
SDO
Chemical Oxygen Demand
mg/LAW,
mi-annual
Grab
SDO
Cop2er, total recoverable
semi-annual
Grab
SDO
Zinc, Total Recoverable
L
semi-annual
Grab
SDO
H
stan
semi-annual
Grab
SDO
Total Rainfa114
i
ches
semi-annual
Rain
-
Gauge
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge or local
rain gauge reading must be recorded.
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). 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).
Part 11 Page 5 of 12
Permit No. NCS000057
Table 2. Monitoring Schedule
Mo itorin eriodlz
Year 1- Period 1
Sam le Number
Start
May 1, 2012
End
December 31, 2012
1
Year 1 - Period 2
2
January 1, 2013
June 30, 2013
Year 2 - Period 1
3
July 1, 2013
December 31, 2013
Year 2 - Period 2
4
January 1, 2014
June 30, 2014
Year 3 - Period 1
5
July 1, 2014
December 31, 2014
Year 3 - Period 2
6
January 1, 2015
June 30, 2015
Year 4 - Period 1
7
July 1, 2015
December 31, 2015
Year 4 - Period 2
8
January 1, 2016
June 30, 2016
Year 5 - Period 1
9
July 1, 2,D1VDecember
31, 2016
Year 5 - Period 2
10
Jan yory 4M 7 1.
April 30, 2017
Footnotes:
1 Maintain semi-annual monitoring until either a
permit is revoked or rescinded. The permittee
before the submittal deadline (180 days before
under the permit. The permittee must contin
process, even if a renewal permit is not issu i
2 If no discharge occurs during the sampli eri
indicating "No Flow" or "No Discharge_' hirA
Failure to monitor semi-annua
monitoring for all stormwcpri
the permittee may return requires continued month
response. "No discharge"
failure to monitor, as long
mit is i for this facility or until this
an application for renewal of coverage
i e considered for renewed coverage
lcaI nitoring throughout the permit renewal
�r piration of this permit.
permittee must submit a monitoring report
of the end of the sampling period.
terms immediately institutes monthly
to After six (6) months of monthly monitoring,
Upal sampling monitoring schedule, unless DWQ
g or benchmark exceedances prompt a "Tier Two"
tfall during a monitoring period does not constitute a
perly reported.
The permittee shall compare monitoring results to the benchmark values in Table 3. The
benchmark values in Table 3 are not permit limits but should be used as guidelines for the
permittee's Stormwater Pollution Prevention Plan (SPPP). 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.
Total Recoverable Copper (Cu) and Zinc (Zn) are not subject to triggering the
increased monitoring requirements of Tier Two and Tier Three. Refer to Part 11,
Section E.
Part If Page 6 of 12
Permit No. NCS000057
Table 3. Benchmark Values for Analvtical Monitorine
pischar a Cha cterisiics
Total Suspended Solids
Un�i
mgZL
Bent ark
100
Chemical Oxygen Demand
mg/L
120
Copper, total recoverable'
mg/L
0.007
Zinc, Total Recoverable'
mg/L
0.067
pH
standard
6-9
Footnotes:
1 Benchmark value is dependent on water hardness;ivaluen b is based on a water hardness of
50 mg/l.
2 Cu & Zn benchmarks do not trigger monthly monitu & monitoring should not be
included if Tier 2 is triggered by other parameter hrks.
If: The first valid sampling result a ab be�j'44iark value, or outside of the benchmark range,
for an parameter at an out a
Then: The permittee shall:
1. Conduct a stormwater anagem inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate causes of the benchmark value exceedance.
3. Identify potential and select the specific: s ource 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 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 exceedence, the inspection date, the personnel conducting the inspection, the
selected actions. and the date the selected actions were implemented.
Part II Page 7 of 12
Permit No. NCS000057
erl
If: During the term of this permit, the first valid sampling results from two consecutive monitoring
periods 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 for all parameters at every outfall where a sampling
result exceeded the benchmark value for two consecutive samples. Monthly (analytical and
qualitative) monitoring shall continue until three consecutive sample results are below the
benchmark values or within the benchmark range.
3. If no discharge occurs during the sampling period, the r tee is required to submit a
monthly monitoring report indicating "No Flow" . , o ith r orting requirements.
4. Maintain a record of the Tier Two res onse in t S
-
h
During the term of this permit, if the valid samp ' g r s quired for the permit monitoring periods
exceed the benchmark value, or are outside t e m k range, for any specific parameter at any
specific outfall on four occasions, t e per i ee tify the DWQ Regional Office Supervisor in
writing within 30 days of recei o e a ical results. DWQ may but is not limited to:
• require that the permittee r se, or decrease the monitoring frequency for the
remainder of the permi
• require the permittee install uctural stormwater controls;
• require the permittee ent other stormwater control measures;
• require the permittee orm upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
This site discharges to impaired waters experiencing problems with copper, turbidity, and
biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of
Rocky River, the permittee may be required to monitor for the pollutant(s) of concern in
the future and submit results to the Division of Water Quality. The Division will consider
the monitoring results in determining whether additional BMPs are needed to control the
pollutant(s) of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan.
Part II Page 8 of 12
Permit No. NCS000057
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and assess new 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 as
specified in Table 4, and during required analytical monitoring events (unless the permittee
is required to perform further qualitative sampling per the Qualitative Monitoring
Response, below). Inability to sample due to adverse weath conditions must be
documented in the SPPP and recorded on the DMR (fee jar
rsA' Ave Weather in Definitions).
In the event an atypical condition is noted at a sto ter �ge outfall, the permittee
shall document the suspected cause of the co nditio any actions taken'in response to
the discovery. This documentation will be main e the SPPP.
Table 4. Qualitative Monitoring Requ' s a
Di - ar P � ara - er cs
Color
quency�
'-a
t ring-
o a �vT
SDO
Odor
a nual
SDO
Clarity
i-annual
SDO
Floating Solids
emi-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 Measurement Frequency: Twice per year during a measureable storm event. See Table 2 for schedule of
monitoring periods through the end of this permitting cycle. 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.
Part 11 Page 9 of 12
Permit No. NCS0000S7
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.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new 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 standar violation, DWQ may but is not
limited to:
• require that the permittee revise, increase, c
(analytical or qualitative) for the remainder
• require the permittee to install structural st,
• require the permittee to implement other st
• require the permittee to perform upstre
impacts on receiving waters; or
• require the permittee implements i fi
SECTION D: ON -SITE VEHI
Facilities that have any
ng frequency
r conT-roIs;
control measures;
m monitoring to characterize
ns to qualify for a No Exposure Exclusion.
CE MONITORING REQUIREMENTS
maig,fenance activity occurring on -site which uses more
than 55 gallons of new rper month when averaged over the calendar year
shall perform analytical mon ring as specified below in Table 5. All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
e
Free ue . _•. 1
T , eZ
Sampleace
Locations
c argChart
H
standard
semi-annual
Grab
SDO
Non -Polar Oil & Grease /
TPH
EPA Method 1664 SGT-HEM
mg/L
semi-annual
Grab
SDO
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
gallons/mon
th
semi-annual
Estimate
-
Part 11 Page 10 of 12
Permit No. NCS000057
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event, until either another permit
is issued for this Facility or until this permit is revoked or rescinded. See Table 2 for schedule of
monitoring periods through the end of this permitting cycle.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site or local
rain gauge reading must be recorded.
Monitoring results shall be compared to the benchmark
values in Table 6 are not permit limits but should lets
Stormwater Pollution Prevention Plan (SPPP).
the permittee to increase monitoring, increase
keeping, and/or install stormwater Best Mana;
II Section B.
Table 6. Benchmark Values for V
1 in Table 6. The benchmark
gLQjguidqines for the permittee's
c hmark values require
ent ns, increase record
ictices (BMPs), as provided in Part
nance Anal tical Monitoring
Dis h_4 a Chara a istics
[+init Benchmark
pH 4
Lksft6d 6-9
Non -Polar Oil & Grease / TPH
[EPA Method 1664 (SGT-HEM)]
I,
15
Total Suspended Solids &V001f
mg/la
100
SECTION E: MANDATORY BEST MANAGEMENT PRACTICIES (BMPS)
The Permittee shall implement the following BMPs at this facility and shall include these
BMPs in the facility's SPPP:
1. The Permittee shall ensure entryways and loading/unloading areas near
manufacturing areas where copper and zinc exposure could occur are swept and
cleaned -up daily, and that'cleaning procedures are conspicuously posted within the
affected work areas.
2. The Permittee shall ensure routine evaluations by employee task groups of BMPs
intended to reduce copper and zinc exposure and shall identify practices or areas in
need of improvement.
Part 11 Page 11 of 12
Permit No. NCS000057
3. The Permittee shall implement BMPs to reduce copper and zinc exposure, including
but not limited to: storing empty drums and totes indoors; improving preventative
maintenance for any dust collectors; and clean-up from handling and storing of the
powdered, liquid, and scrap copper and zinc materials. For BMPs that have already
been implemented, the Permittee shall ensure those practices are maintained as
long as they effectively reduce copper and zinc exposure.
4. The Permittee shall devise a Monitoring Plan for sampling runoff from segregated
areas (for example, the roof drains and loading/unloading areas) to determine
where the primary contributions of copper and zinc to stormwater occur at the site.
The permittee may also include performing upstream and downstream monitoring
during rain events of the receiving stream to help ide ify to what extent the facility
may be contributing to the stream's impairm nt pper. This Monitoring Plan
shall be submitted to DWQ for review and � ro in ur months of the
effective date of this permit [by Septem , 20 a Monitoring Plan should
require sampling (grab samples) be conduc d ring measurable storm events. In
addition to other parameters the Permitt de seful, the Permittee shall
analyze copper and zinc concentrati0 e i e flow volume for each sampled
event. If averages will be used, the n o chide criteria about how many
samples are required. If the Perm' a ill aluate the proportion of contribution
to the total mass of cop@& an c i ff from the entire site, measurements
should be taken concu mwater discharge outfalls. Revisions to the
Monitoring Plan shall no a vision to the Stormwater Permit. Any revision
of the Monitoring Pla ter t , itial review and approval of DWQ shall be
accomplished by m al agre ent between DWQ and the Permittee.
S. For areas the Permits determined to be primary contributions to copper
and/or zinc in runoff from this facility, either through the above Monitoring Plan or
by other means, the Permittee shall assess BMPs intended to reduce copper and zinc
release and exposure from industrial activities, reduce other sources of copper and
zinc contamination, and/or capture and treat the runoff with engineered controls.
The Permittee shall establish a schedule to implement selected BMPs and shall
submit a status report to DWQ outlining progress two and a half years following
the effective date of this permit [by November 30, 20141. The BMPs assessment
and recommendations may focus on copper and zinc sources attributable to
industrial activities and materials, but the report should list any other influences
that are suspected to, or were determined to, contribute significant amounts of
copper and zinc to the stormwater discharge.
Part 11 Page 12 of 12
Permit No. NCS000057
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary containment,
as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12
months of the effective date of the initial permit issuance. , A#
New Facilities applying for coverage for the firsKno
rmw r Pollution Prevention Plan
shall be developed and implemented prior, the b,dr s from the operation of the
industrial activity and be updated thereafter on an. ondary containment, as specified
in Part I1, Section A, Paragraph 2(b) of this permit smplished prior to the beginning of
discharges from the operation of the industrial an
Existing facilities previously permitted
limitations, and controls contained in thi
shall become effective immed' tely u i
Pollution Prevention Plan fqzhkp
months of the effective date o er
containment, as specified in P a
beginning of discharges fr the o
d alffilyWor renewal: All requirements, conditions,
r (e5ftt new SPPP elements in this permit renewal)
wfijWthis permit New elements of the Stormwater
neWshall be developed and implemented within 6
updated thereafter on an annual basis. Secondary
ph 2(b) of this permit shall be accomplished prior to the
of the industrial activity.
2. Duty to Comply
The permittee must comp 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 122.41].
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.
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 $37,500 per
day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
Part ll] Page 1 of 10
Permit No. NCS000057
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 'I 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)]
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,
any permit condition or limitation implementin
section 402 of the Act, and who knows at that ti
imminent danger of death or sAkn
ily inj
not more than $250,000 or imt or
second or subsequent convictiito a fine of not more than $500m sorganization, as defined in sec( B)Iviolating the imminent danger sbe fined up to $2,000,0Q&f su
3 , 307, 08, 318 or 405 of the Act, or
y su s Rs in a permit issued under
at he th MoTy places another person in
upon conviction, be subject to a fine of
15 years, or both. In the case of a
an ment violation, a person shall be subject
n t of not more than 30 years, or both. An
of the CWA, shall, upon conviction of
to a fine of not more than $1,000,000 and can
convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a ci^fa
Wre than $25,000 per violation may be assessed against
any person who violt in accordance with the terms, conditions, or requirements
ofa permit. [North CStatutes § 143-215.6A]
g. Any person may be n administrative penalty by the Administrator for violating section
301, 302, 306, 307, 399FEW8 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 I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class It
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)]
3. Day 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 LjalZility
Except as provided in Part III, 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.
Part III Page 2 of 10
Permit No. NCS000057
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. Eroperty 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)].
7. SevCrajZility
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, . e application of such provision to
other circumstances, and the remainder of this permit, shal&We affected thereby [NCGS 15013-23].
8. Day to Provide Information
The permittee shall furnish to the Permit Issuing Au , withi ` easonable time, any information
which the Permit Issuing Authority may request to a whether cause exists for modifying,
revoking and reissuing, or terminating the permi ue ant to this permit or to determine
compliance with this permit. The permittee s s rn to the Permit Issuing Authority upon
request, copies of records required to be ke y i it [40 CFR 122.41(h)].
9.
The Clean Water Act provid t
inaccurate, any monitoring
conviction, be punished by a f
more than two years per v' tion,
after a first conviction of ch pers
$20,000 per day of viol n, or bye
10.
soi6 falsifies, tampers with, or knowingly renders
required to be maintained under this permit shall, upon
t than $10,000 per violation, or by imprisonment for not
oth. If a conviction of a person is for a violation committed
nder this paragraph, punishment is a fine of not more than
prisonment of not more than 4 years, or both [40 CFR 122.41].
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 122.411.
11. Onshore or Offshore 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. Duty to Reaonly
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)].
Part III Page 3 of 10
Permit No. NCS000057
SECTION B: GENERAL CONDITIONS
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.
2. Transfers
This permit is not transferable to any person without
Director in accordance with 40 CFR 122.61. The Dire
NCGS 143-215.1, in particular NCGS 143-215.1(b)(
and reissuance of the permit, or a minor modificati
such other requirements as may be necessary under
statute. The Permittee is required to notify thg 8�
facility is sold or closed.
3. Signato Ey Requirements
All applications, reports, or in
and certified [40 CFR 122.4,g
a. All permit applications
follows:
n notice to and approval from the
G dition proval in accordance with
y re modification or revocation
ify ew permittee and incorporate
[40 CFR 122.41(1)(3), 122.61] or state
iwriting in the event the permitted
the Permitting Issuing Authority shall be signed
(1) For a corporatVarble corporate officer. For the purpose of this Section, a
responsible coons: (a) a president, secretary, treasurer or vice president of
the corporatioincipal business function, or any other person who performs
similar policyg functions for the corporation, or (b) the manager of one or
more manufac, 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 122.22].
Part Ill Page 4 of 10
Permit No. NCS000057
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 122.22]
c. Changes to authorization: If an authorization under paragrap (b) of this section is no longer
accurate because a different individual or position has r sfbility for the overall operation of
the facility, a new authorization satisfying there e f para aph (b) of this section must
be submitted to the Director prior to or togethe ith y formation, or applications to
be signed by an authorized representative [40 2.221
Certification. Any person signing a docur
the following certification [40 CFR 122.2
BE ACCEPTED:
"I certify, under penalty of law, that
direction or supervision i ccord�lh
properly gather and ev th
`�!
persons who manage the s or
the information submitte ,
am aware that there a signifi
possibility offines an mprison en
�aphs a. or b. of this section shall make
ATEMENTS OF CERTIFICATION WILL
do me and all attachments were prepared under my
r
i em designed to assure that qualified personnel
at submitted. Based on my inquiry of the person or
Vf
ersonsdirectly responsibleforgathering the information,
my knowledge and Belief, true, accurate, and complete. I
0enalties for submitting false information, including the
for knowing violations."
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(0].
b. 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 21-1.0105(b)(2) may cause this Division to initiate action to revoke the permit.
Part III Page 5 of 10
Permit No. NCS000057
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenancg
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)].
Need to Halt or_ReduceNot 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 compli�ce with the condition of this
permit [40 CFR 122.41(c)]. �7
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take e
unless:
a. Bypass was unavoidable to prevent loss of liFe
ury or severe property damage; and
b. There were no feasible alternatives to the
retention of Stormwater or maintenanc ur
weather. This condition is not satisf if
the exercise of reasonable engine r' ju
normal periods of equi t d e
c. The permittee submitte s r ired
the three conditions listed above, the Director may
ering its adverse effects.
If the Director determinet it
approve an anticipated b ass ai
SECTION D: MONITORING
t a permittee for bypass
he use of auxiliary control Facilities,
riods of equipment downtime ar dry
controls should have been installedin
t a bypass which occurred during
ntenance; and
under, Part III
f I, Section E of this permit.
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 measureable
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)].
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.411:
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.
Part III Page 6 of 10
Permit No. NCS000057
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 reAA levels below permit discharge
requirements, then the most sensitive (method withlo ssible etection and reporting
level) approved method must be used.
5. Representative Outfall
If a facility has multiple discharge locations with tan dentical starmwater discharges that
are required to be sampled, the permittee ma tia he rector for representative outfall status.
If it is established that the starmwater disc ge r antially identical and the permittee is
granted representative outfall status, the m mg quirements may be performed at a reduced
number of outfalls.
6. Records Retention
Visual monitoring shalOdo a ecords maintained at the facility along with the
Stormwater Pollution Popies of analytical monitoring results shall also be
maintained on -site. Thretain records of ail monitoring information, including
o all calibration nce records,
o all original striordings for continuous monitoring instrumentation,
o copies of all rered by this permit,
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].
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this 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)].
Part III Page 7 of 10
Permit No. NCS000057
SECTION E: REPORTING REQUIREMENTS
Discharge rip ReporLs
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the Facility receives the sampling results from the
laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ
Regional Office by March 1 of each year. The submittal shall be on forms supplied by the Division.
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 en f the specified sampling period,
giving all required information and indicating "NO FLOW" ajfp
,ONCAC T15A 02B .0506.
If the permittee monitors any pollutant more fret
procedures approved under 40 CFR Part 136 and
other appropriate instrument governing the discl
included in the data submitted on the DMR.
The permittee shall record the required
Monitoring Report Form provided by the
Qualitative monitoring results should
requirement to do so.
Irn u�y this permit using test
piing IdWon specified in this permit or
kesults of such monitoring shall be
57ring observations on the SDO Qualitative
tall retain the completed forms on site.
to the Division, except upon DWQ's specific
2. Submitting Reports
Two signed copies of Disc ge Mo ' g Reports (DMRs) shall be submitted to:
Central Files
PODivision of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ
Regional Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by each RO can be found here
http://portal.ncdenr.org/web/wq/home/ro. The permittee shall retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files
unless specifically requested by DWQ.
3. Availability of RC12orts
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. 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 143-215.66 or in Section 309 of the Federal
Act.
Part III Page 8 of 10
Permit No. NCS000057
4, Non-Stormwater Discharees
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
The permittee shall give advance notice to the Director of any pla ed changes at the permitted
facility which may result in noncompliance with the pel'mit,R 122.41(1)(2)].
it s
The permittee shall report to the local DWQ Region6tha.
th hours, all significant spills as
defined in Part IV of this permit Additionally, the pall report spills including: any oil spill
of 25 gallons or more, any spill regardless of amos a sheen on surface waters, any oil
spill regardless of amount occurring within 1 waters, and any oil spill less than 25
gallons that cannot be cleaned up within 24 ur
8. Bypass
Notice [40 CFR 122.41(m)(
a. Anticipated bypass. If I
prior notice, if possible
the anticipated quality
b. Unanticipated bypas�
an unanticipated b c
0
ws in advance of the need for a bypass, it shall submit
prbefore the date of the bypass; including an evaluation of
.e bypass.
shall submit notice within 24 hours of becoming aware of
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(l)(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)].
Part: III Page 9 of 10
Permit No. NCS000057
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)].
Part ill Page 10 of 10
Permit No. NCSOOOO57
PART IV DEFINITIONS
1. Act
See Clean Water Act.
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 ass ment during the next qualifying
storm event. Documentation of an adverse event (with dat and written narrative) and the
rationale must be included with your SPPP records. er ther s not exempt the perm ittee
from having to file a monitoring report in accorda wi h schedule. Adverse events and
failures to monitor must also be explained and rep on the r ant DMR.
3.
This permit regulates stormvater discharge m ter discharges which shall be allowed in
the stormwater conveyance system are:
a. All other discharges that are author' b no stormwater NPDES permit.
b. Uncontaminated groundwater, f u ati s, air -conditioner condensate without added
chemicals, springs, dis es - 'on ated potable water, waterline and fire hydrant
flushings, water from fo ra ws from riparian habitats and wetlands.
c. Discharges resulting fro ti or fire -fighting training, or emergency shower or eye wash
as a result of use in t vent mergency.
4.
Measures or practices 112200nuce the amount of pollution entering surface waters. BMPs may
take the form of proce'A8,Wivity, or physical structure. More information on BMPs can be found at:
https//cfpub.e a.eov/nodes/stor water/, menuo_f2mpslindex.cfm.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Productsi
11
Liquid raw materials, manufactured products, waste materials or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above ground
storage containers located in close proximity to each other having a total combined storage capacity
of greater than 1,320 gallons.
Certificate of Coverage
The Certificate of Coverage (CCC) 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 the permit and is signed by the Director.
8. 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 DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
Part IV Page 1 of 4
Permit No. NCS000057
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
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 w ste ' ed in or on land and which is not a
land treatment facility, a surface impoundment, an i io a hazandous waste long-term
storage facility or a surface storage facility. ir h.
15. Measureablg StUrM Even
A storm event that results in an actual discharge
measurable storm event must have beo,
apply if the permittee is able to docu
events during the sampling period, ancopies of this information and a writtAfter authorization by the D I e '
permittee's SPPP.
16.
th a itted site outfall. The previous
hours or. The 72-hour storm interval may not
r erval is representative for local storm
al from the local DWQ Regional Office. Two
shall be sent to the local DWQ Regional Office.
ritten approval letter must be kept on site in the
A stormwater collectionistem wit n 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. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CI~R
§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 Water Quality (see "Director" above).
20. Permittee
The owner or operator issued this permit.
Part VI Page 2 of 4 Pages
Permit No. NCS000057
21. Point Source DischargC 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.
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 DWQ may grant representative outfall status. Representative outfall status
allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. Is listed in 40 CFR 372.65 pursuant to Section 3 of a uperfund Amendments and
Reauthorization Act (SARA) of 1986, also titled mergen anning and Community Right -
to -Know Act of 1986;
c. Is present at or above threshold levels at a fa ' so o SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following crite
i. Is listed in appendix D of 40 CF ar 22 Table II (organic priority pollutants), Table III
(certain metals, cyanides, a he able IV (certain toxic pollutants and hazardous
substances);
ii. Is listed as a haza ub i ursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant fo ich s published acute or chronic water quality criteria.
25.
Substantial physical dailMh9wroperty, damage to the control facilities which causes them to
become inoperable, or su tial 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. Sienificant 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. Stor ate[ Discharge OutfalI (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,
Part VI Page 3 of 4 Pages
Permit No. NCS000057
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. ciajed with Industrial ' i
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.
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential the site.
F
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintain' g w r I ndards, in all seasons, for a
specific water body and pollutant. A list of approve Ls for t ate of North Carolina can be
found at r
33. Toxic Pollutant
Any pollutant listed as toxic under Section 3 (a ) Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mec ' l r pa g, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Vigjble Sedimentation
Solid particulate matter, th mine nd organic, that has been or is being transported by water, air,
gravity, or ice from its s' of origi hich can be seen with the unaided eye.
36, 25-year. 24 hour S
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part VI Page 4 of 4 Pages
To: Robert Patterson January 23, 2012
From: Rob Krebs �W
Prepared By: Michael Parker FILE
l�
NCS000057 Chemical Specialties, Inc
Cabarrus County
Site inspection conducted on January 19, 2012, by Michael Parker. Facility contact: Ms. Jonna Stein,
Operations Manager, (704) 455-4171 and Mr. Mark Dwyer, Safety, Health and Environmental
Manager, (704) 455-4177. This request is for the renewal of the subject SW permit. This facility is
currently in the business of producing inorganic products for industrial and agricultural applications
and the wood preserving industry. Chemical Specialties (CS) is in the process of switching over to
organic based wood preserving chemicals, which is a trend throughout the wood preserving industry.
The site has two SW outfalls, one which drains to unnamed tributary to the Rocky River and the other
drains to a conveyance channel that empties into the Rocky River (RR). The RR at CS is listed as
impaired for Copper, Turbidity, and Biological Integrity. The downstream segment of the RR is listed
as impaired for Copper, Turbidity, and Zinc.
A small part of the SW generated on the western side of the CS site discharges through a steel pipe into
a conveyance channel located adjacent to the RR. This outfall is designated as outfall 001. On the day
of the site visit, the only flow observed in this pipe was drinking water being used to circulate through
jackets used to keep nearby pieces of machinery from freezing. Outfall 001 receives the least amount
of SW generated at this site and a significant portion of the industrial processes that drain to this outfall
are under roof. Even so, benchmark levels for Cu and Zn are routinely exceeded at this outfall.
Observations made during the site visit noted that there were very limited options for structural BMPs
at this outfall due to the fact the area is almost entirely paved and this part of the site sits very near the
top -of -bank of the RR. The proximity of the RR to the site (and in particular this outfall) is
problematic since storage of raw materials, loading and unloading of raw materials and the finished
product, and the various industrial processes are occurring adjacent to SW collection drains that empty
into this outfall. Major operational changes would be necessary if current operations were shifted to
another portion of the site. CS has made some improvements in this area, and additional measures are
planned.
Part of the SW generated at CS site is routed to an existing treatment lagoon that is covered under a
separate NPDES wastewater permit (NC0006351). There is also a portion of the site's SW that drains
towards the lagoon, but does not enter the lagoon. This SW eventually enters into an intermittent
channel (both by point and non -point means) that originates onsite and eventually discharges near the
south end of the property into the RR and is designated as outfall 002. On the day of the site visit, the
intermittent channel had substantial flow, even though rainfall had not occurred for at least 48 hours
prior to the site visit. It is surmised that the flow observed in the channel was predominately base flow
from seeps and groundwater sources located upstream. During the site visit, Ms. Stein informed the
writer that analytical testing for this SW outfall was being collected in -channel at an inlet structure
located � 200 feet from the channel's junction with the RR. Based on observations made during the
site visit, any testing performed at this location especially when base flow existed in the channel would
likely not provide data that was entirely reflective of the SW draining from this portion of this facility.
Page Two
Based on the analytical data collected to -date at outfall 002 (and reported to the Division), benchmark
exceedances for Cu and Zinc are numerous. The existence of base flow in the channel, however,
would t dd di W flow, and any data collected would likely not provide an accurate
characte on S draining to this outfall. It is unknown, however, as to .whether the
analytic e t� fo d at this outfall was conducted when base flow existed or when the channel
was pre ominately SW. The SW that,drains from this portion of the CS site enters the channel at
several different locations rather than one defined point. Ms. Stein informed the writer that the channel
was often dry or nearly dry during the warm weather months, which would be indicative of a channel
that originates as an ephemeral channel and begins a transition to intermittent prior to reaching the RR
near the south end of the CS property. Complicating this matter is the fact that CS has both point and
non -point SW sources discharging into this channel, therefore, locating a sampling location that will
capture the SW originating from this portion of the property, but not include superfluous base flow in
the channel will be difficult. Further discussions and/or additional site visits will likely be necessary to
determine whether the current sampling location is the more appropriate location to capture the SW
from the south side of the CS site.
Another likely contributor to this facilities inability to consistently comply with their benchmark limits
is the historical use of the site as a wood preservatives manufacturer. CS has been in operation since
the 60's, and the bioaccumulation of wood preservation constituents are likely prevalent in the soils
and on the equipment scattered throughout the site. Although current SW exposure practices are likely
a significant improvement over those of the past, any constituents that may have accumulated in the
soils and in the industrial process areas have the potential to be released during storm events and
ultimately effect SW quality. CS also has air emissions, but it is unclear as to whether these emissions
could have played a significant role in failure of CS to meet benchmark requirements. There are also
operational improvements that may help in reducing pollutant levels. For example, scrap copper used
in the manufacturing of the wood preservatives is stored in bags at one location on -site, but must be
transported across site by fork-lift to where it is processed. In the area where the bags of scrap copper
are stored for manufacturing, small flakes of copper can be seen on the pavement in the vicinity of the
unloading area that are exposed to rain events. The leaching of copper from these flakes into SW is
highly probably given the acidity of area rainfall. These observations were discussed with Ms. Stein
and operational improvements were suggested.
Zinc has also been problematic at CS with many reported results above benchmark levels, however,
according to Ms. Stein, all sources of Zinc used in the manufacturing process are under roof. Again,
historical manufacturing activities at this facility may be playing a part in the sources of current zinc
levels, but it was noted by the writer that a large part of the site is covered by galvanized metal
buildings and much of the piping used in the manufacturing processes are exposed galvanized piping
which may be slowing leaching zinc into the site's SW during rainfall events and as they corrode. It
was suggested to Ms. Stein that some of the many internal outfalls located throughout the CS property
(including some roof drainage) be sampled to help determine the effect, if any that the metal structures
and piping may be having on zinc concentrations in the site SW. Ms. Stein was amenable to
conducting this sampling in hopes it will -help identify possible sources of zinc. In the meantime, this
Office recommends that the renewed permit incorporate the suggested language (Mandatory Best
Management Practices) that will hold in abeyance tiered testing for benchmark exceedances as long as
the other investigative activities are completed, including the possibility of site specific BMPs based
on the results of a Division approved monitoring plan.
Page Three
In a follow-up to questions asked by the CO regarding this site, Ms. Stein was asked how the
"background" rainfall sample she collected and analyzed was obtained. She said that various
collection containers were placed throughout the site during a rain event. The rainfall in each container
was then combined into one container and the resulting mixture tested for Cu and Zn. Ms. Stein was
also asked if the SW from the loaded trailer parking area went directly to SW or to the WWT lagoon.
Her response was that there was a pipe at the lower end of the trailer parking lot that received all the
SW from this area and was fitted with a valve. Normally, the valve remained open in case of a spill so
the spill would be sent to the WWT lagoon, but during rainfall events, the valve was closed and all SW
was directed to outfall 002.
At this time, CS is not required to conduct any in -stream monitoring for copper or zinc in either their
SW permit or their NPDES wastewater permit. Instream testing may also help CS identify to what
extent they may contributing to the RR's impairment for Cu, especially during storm events. This
testing will be brought to the attention of CS in the inspection report that will be forwarded to the
company.
In conclusion, CS has instituted a number of physical and operational improvements designed to help
reduce contaminant exposure and more are planned in the coming months. With the suggested
language noted above regarding BMP evaluation included in the permit, CS will be able to investigate
and eventually implement management and operational strategies that will hopefully improve SW
pollutant concentrations and possibly effect a reduction in in -stream Cu impairment.
It is recommended that the subject SW permit be issued with consideration given to the
comments/recommendations as contained in this report
/mlp
Y NCS000057
�*A MRa
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STAFF REVIEW AND EVALUATION RrOUre.e
NPDES Stormwater Permit � ,s`3 �� IN--_VrF_R OUPAIT
Facility Name:
Chemical Specialties, Inc. (CSI) JAN 3 1
NPDES Permit Number:
NCS000057
Facility Location:
rEii*MAL
5910 Pharr Mill Rd., Harrisburg, NC (Cabarrus County)
Type of Activity:
Inorganic Chemical Manufacturing
SIC Code:
2819
Receiving Streams:
Rocky River [Index no. 13-171, See Figure I
River Basin:
Yadkin -Pee Dee River Basin, Sub -basin 03-07-12
Stream Classification:
C
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See renewal application
Response Requested by (Date):
February 1, 2012
Central Office Stab Contact:
Return to: Robert Patterson, (919) 807-6375
Description of Onsite Activities:
• Chemical manufacturing of inorganic products for industrial and agricultural applications and wood
preservers. Also beginning to produce new organic products due to the wood preservative industry moving
away from metal based chemicals.
• Chemicals/materials include metal nitrates (calcium, magnesium, aluminum, manganese, copper,
lithium, & zinc) , metal chlorides (aluminum, magnesium, zinc, & manganese), metal acetates (magnesium,
lithium, & zinc), CCA, ACQ, DBlaze fire retardant (phosphor -ammonium boron), wax based water
repellants, organic chemicals (Dowanol*, Tergitol*, Texanol*, castor oil, & emulsifiers), and organic
pesticides (Imidicloprid & Tebuconazole).
*to be discontinued by end of 2011
Documents Reviewed:
0 NPDES Stormwater Permit -Application Materials
• National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU File, Central Files
* EPA Sector -Specific Permit, 2008
• 2010 303(d) List, 2008 Yadkin Pee -Dee Basinwide Plan
Page 1 of 5
NCS000057
History: r
• Date permit first issued: December 10, 1999
• Date permit re -issued: March 2, 200 ; 7
• Date permittee submitted renewal application: September 9, 2011
Figure 1: Map of Facility
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Page 2 of 5
-NCS000057
Central Office Review Summary:
1. Owner's Other Permits:
• WW - NCO006351
• Air — NE145993, 3702500040
• RCRA -- NCD048467427
2. General Observations:
• 2 SDOs — 001 is a pipe, 002 is a ditch
• Indoor and outdoor storage of materials
• Portions of site drain to onsite W WTP or captured for process'water use
• Site is immediately adjacent to Rocky River
• While some areas drain to the WWTP or process water, stacks could introduce pollutants from these
areas to the air and to stormwater
• They have implemented a number of BMPs to attempt to minimize Cu and Zn exposure (see page 2 of
renewal cover letter dated 9/8/11.
3. Impairment: This segment of Rocky River (13-17b) is impaired for Copper, Turbidity, and Biological Integrity.
The downstream segment (13-17c) is impaired for Copper, Turbidity, and Zinc. No TMDLs for this segment.
4. Threatened and Endangered: None shown in this area.
5. Industrial Changes Since Previous Permit: Volumes of CCA and arsenic acid are decreasing with new organic
products being produced.
6. Anal3jical Monitoring Notes: All samples were above the benchmarks for Cu and Zn. All other parameters were
below benchmarks. Additional monitoring was done on rainfall for Cu & Zn, and groundwater for Zn; Cu in the
rainwater was above the benchmark, and Zn in the groundwater was above benchmark. One thing to note is that
both of these are possible contaminates release from the air stacks onsite. Permittee has requested that the Cu
and Zn benchmarks be raised. However, benchmarks are not changed for individual sites, they are statewide
values used for all facilities. The receiving stream is impaired for Cu, so it is important that the permittee reduce
or eliminate Cu exposure to the maximum extent practicable (MEP). The renewal application does note changes
and BMPs related to Cu and Zn, so they are actively working on minimizing exposure. Due to the permittee's
concerns with the Cu and Zn issues in the sw discharges and the stream impairment, it may also be helpful to do
upstream & downstream monitoring. Another idea would be to investigate installing structural BMPs that are
known to help remove metals from sw (ie. bioretention). They may also need to do some internal investigation to
try and pin point sources. They have a number of BMPs that have already been implemented to target Cu and Zn
(see 2"d page of renewal application letter) W at Ste' (i15� ott ts';antfiis overialliss>ic?
7. Qualitative Monitoring -Notes: Most observations were not of concern. Some results noted foam and low clarity;
one note of high suspended solids noted in 2007/2008.
Revised Permit Recommendations: Analytical Monitoring:
1. Removing lead based on Division's revised monitoring strategy. Recommend removing Arsenic based on all
results being well below the benchmark. All other parameters to remain. COD was not above the benchmark,
but some were elevated; also will be helpful to keep with the shift to organic products.
2. All analytical monitoring remains set to semi-annually during a representative storm event as defined in Part lI
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 remain in 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
Page 3 of 5
NCS000057
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 responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5. '
Other Proposed Changes to the Previous Permit:
I . Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part 1I Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not
contain non-stormwater discharges.
4. 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 § I22.26(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.
Discussions with permittee: Jonna Stein, 704-4554171, voicemail & emailed 12/13/11 — no response as of
12/30/11 (see copy of email attached)
1. Q: How was the "background" rainfall sample collected? Was it just a single sample?
a. ANSWER:
2. Q: What method is used to determine if the loaded trailer parking area goes to sw or to ww?
a. ANSWER;
r �
1A9 .1,)�
Page 4 of 5
r . - 'NS000057
Recommendations: Based on the documents reviewed, the application information submitted on September 9, 2011
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) �(/ Date 12.2 3 0 ! r
Stormwater Permitting Unit Supervis Date Z 30 gyp!(
for Brad y Bennett
� r
Concurrence by Regional Office. wCr Date
r
RO Water Quality Supervisor ' C (�____ Date 112-y
Regional Office Staff Comments (attach additional pages as necessary)
Page 5of5
zwk
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!F�tmaw•sf
r
September 8, 2011 CHEMICAL SPECIALTIES, INC.
Mr, Bradley Bennett
Supervisor Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: NPDES Stormwater Permit Coverage Renewal
Chemical Specialties Inc
Permit Number: NCS000057
Dear Mr. Bennett:
RECEIVED
DIVISION OF WATER QUALITY
JAN 3 2,012
5WP SECTION
MOORESVILLE REGIONAL OFFICE
JR@gflV@J
SEP o 9 201,
pyF��AMWAiER
SMV4ajjW Woo
Please find enclosed Chemical Specialties Inc: (CSI) stormwater permit renewal application package.
Included in this package are 2 copies of the following:
• Site maps: SP-000-01, SP-000-02, DRAIN 2008, DRAIN 2008-2
• Summary of Analytical Monitoring results
• Summary of Visual Monitoring results
• Summary of Best Management Practices
• Narrative describing changes in industrial activities
• Certification of the development and implementation of Stormwater Pollution Prevention Plan
CSI would like to request that the benchmark values for copper and zinc be increased. CSI has performed
an analysis of its rainwater and Cu and Zinc are both contained in th'e rainwater. Copper is contained in
rainwater above the benchmark. Please see the table below for the current benchmark, average
stormwater results, rainfall and groundwater data.
Benchmark
Outfall
Outfall
Rainfall
Groundwater
Proposed
(ppb)
#1 Avg
#2 Avg
(ppb)
Benchmark (ppb)
(ppb)
(ppb)
Zinc
67
270
216
31
172
300
Copper
7.3
38.5
62.3
124
Not tested
ISO
The Rocky River does not have any TMDLs established for copper or zinc. CSI has implemented a variety
of BMPS for copper and zinc without much change on the stormwater results.
PO Box 1330. 5910 Pharr Mill Road • Harrisburg, NC 28075.704-455-5181
Main Fax 704-455-6507 • Purchasing and Transportation Fax 704-455-5987
Lab Fax 704-455-1123 • Accounting and PoleCare Fax 704-455-1940
Engineering Fax 704-454-5348
Zinc
• Zinc production area is under roof.
• All product storage areas have secondary containment and secondary containment waters go to
waste water treatment.
• Zinc oxide raw material bags are placed in plastic bags prior to disposal in compactor.
• June 2011: due to reduction in site nonhaz waste, compactor has now been removed and
replaced with covered dumpster.
Copper
• 2012: Planned relocation of ACQ-C1 production under roof pending capital expenditure.
approval ($450K)
• June 2010: began using roll off with metal lid for storage of used ACQ filters.
• June 2010: began rinsing ACQ filters prior to disposal and placement in roll -off boxes to remove
copper content and hence reduce volume and toxicity associated with potential copper
discharges
• March 2010: Repaired (poured new concrete overexisting secondary containment structure)
secondary containment for Copper Count N production area
• March 2010: Coated secondary containment structure for T-251 & T-253
• Main drive improvements were completed in 2006 to completely pave the main drive, curb and
establish catch basins which are routed to the WWT system.
It is also concerning that the benchmark forcopper is lower that actual rainwater results. CSI is
concerned that the current benchmarks are unattainable.
If you have any questions or need additional information please contact Lonna Stein at 704-455-4171 or
9onnas chemspec.com. Thank you for your consideration of this issue,
Sincerely,
Jonna A. Stein
Safety, Health and Environmental Manager
IL v
Analytical Monitoring Summary
Chemical Specialties Inc.
NCS000057
w
11-No� 1
5/4/2007
4/28/2008
- x-
11 /14/2008
5/6/2009
�.
11110
ram_
5/17/2010
_
12/1 /2010
7/6/2011
Average
PH
7.49
5.9
7.02
7.4
6.77
7.49
7.18
7.21
7.06
TSS mg/I
8.8
34.7
36
5
79.0
ND
8.5
67.7
34.2
COD mg/I
56
56.5
38
ND
41.0
36.0
48.0
57
47.5
Total As mg/l
0.023
0.0266
0.031
0.0198
0.02
0.0096
�0.0286
0.032
0.0238
Total Lead mg/I
ND
ND
ND
ND
ND
ND
ND
ND
Total Zinc mg/1
0.32
0.181
0.284
0.214
0.300
0.2020
0.417
0.239
0.2696
Total Copper
mg/I
0.011
0.0454
0.0568
0.0108
0.0508
0.0504
0.0286
0.0542
0.0385
Total Flow (MG) 0.110 0.703 0.007 0.721 0.844 0.270
Outfal_lnNo 2-- 's-
0.450
0,035 I 0.393
PH
NA
NA
7.38
6.62
6.74
6.92^
7.83 6.92
7.07
TSS mg/I
NA
NA
41.6
55.6
23.2
1 1.0--F
3.5 5.5
23.4
COD mg/I
NA
NA
ND
ND
28.0
34.0
74.0 54
47.5
Total As mg/I
NA
NA
_ ND
ND
ND
0.0528
0.0115 0.0113
0.0252
Total Lead mg/I
NA
NA
ND
ND
ND
ND
ND MD
Total Zinc mg/I
NA
NA
0.202
0.161
0.074
0.2550
0.25 0.356
i 0.2163
Total Copper
mg/I
NA
NA
0,0473
0.0503
0.0296
0.0466
0.0971
0.103
0.0623
Total Flow MG
NA
NA
0.007
0.721
0.844
0.270
0.450
0.035
0.388
lvr1 Ova '3. r✓1,
007 lkf�/
aG - ,-0(�,7- xAy//t
stormwater results history for permit renewal.xls
Summary of Visual Monitoring
Chemical Specialties Inc
NCS000057
5/4/2007
4/28/2008 11/14/2008 5/6/2009
11/10/2009
5/17/2010
�w
12/1/2010 7/6/2011
Outfa!I Description
Ditch/Creek
Ditch
Ditch
Ditch
Ditch
Ditch
Ditch
Ditch
Color
Light
brownish/yellow
Amber (from dirt
and suspended
solids)
Light yellow
Clear
Clear
Clear
Clear
Clear to
light
yellow
Odor
None
None
None
None
None
None
None
None
Clarity
4
4
2
1
2
3
1
2
Floating Solids
1
1
3
1
1
1
1
2
Suspended Solids
4
2
2
1
1
1
2
Foam
4
f Yes (turbulence)
Yes
No
No
Yes
No
No
Oil sheen
No
No
No
No
No
No
No
No
Deposition
No
No
No
No
No
No,
No I
No
Erosion
No
No -
No
No
No
No
No
No
Other Indicators of
Pollution
No
No
No
No
No
No
No
No
Outfall Description
NA NA I Pipe
Pipe ®�
Pipe
Pipe Pipe
Pipe
Color
NA
NA
Clear
Clear
Clear
Clear
Clear
Clear
Odor
NA
NA
None
None
None
None
None
None
Clarity
NA
NA
1
1
1
; 1
1
1
Floating Solids
NA
NA
1
1
1
1
1
1
Suspended Solids
NA
NA
2
1
1
1
1
1
Foam
NA
NA
No
No
No
No
No
No
Oil sheen
NA
NA
No
No
No
No
No
No
Deposition
NA
NA
No
No
No
No
No
No
Erosion
NA
NA
No
No
No
No
No
No
Other Indicators of
Pollution
NA
NA
No
No
I No
No
No
No
stormwater results history for permit renewal.xls
Supplemental Information
Chemical Specialties Inc
NCS000057
Item # 4. Best Management Practices Utilized at the Facility
Because CSI is a chemical manufacturer, most of the facility Best Management Practices (BMP)
revolve around the concept of minimizing chemical contact with stormwater. In that effort, the
CSI facility uses the following BMPs:
• Indoor storage of product and raw materials where practical.
• Redundant tank level indication.
• Indoor & outdoor tank storage has secondary containment.
• Inorganic secondary containment stormwater goes to WWT system.
• Wood preservative secondary containment stormwater is collected and returned to the
operating process.
• Preventative maintenance to minimize leaks and drippages from the piping systems.
• Tanker, railcar and hose inspection program.
• Full tanker parking area drains to a lined spill lagoon which is part of the WWT system.
• Concrete paved driveways sloped to catch basins which are piped to lined spill lagoon
which is part of WWT system.
• Series of stormwater system drains to minimize erosion
• Series of stormwater gate valves to divert stormwater from river in the event of a spill.
• Curbing and riprap to minimize impact of sheet flow
• Railside track pans
• No on -site maintenance of trucks or vehicles
• Curbing along the south side of driveway to contain potential tanker leaks/spills.
• Nonhaz waste minimization program decreased waste generation from 48 tons to 12
tons/year due to recycling effort and less waste such as raw material product storage
bags was placed in dumpsters.
• Oil water separators to collect oil from air compressors to eliminate possible oil
contamination to stormwater.
• Written operating procedures and operator training.
• Spill kits with drain blankets.
• Semi-annual inspection of secondary containments and stormwater collection drains and
production areas.
• Annual employer stromwater training.
Please find attached a table indicating materials manufactured, handled or stored and the
associated BMP for each specific product. This table is intended to comply Item # 4 on the
Supplemental Information Checklist.
Item # 5. Changes in Industrial Activity
Chemical Specialties Inc is a chemical manufacturer that produces inorganic products for
industrial and agricultural applications and wood preservatives.
Inorganics include metal nitrates such as calcium, magnesium, aluminum, manganese, copper,
lithium and zinc. Metal chlorides including aluminum, magnesium, zinc and manganese are also
produced. Other products produced by the inorganic branch of the business also include metal
acetates, such as magnesium, lithium and zinc. While product mix does vary the product
offering in this product line has remained relatively constant since the last permit issuance.
Wood preservatives manufactured include chromated copper arsenate (CCA), arsenic acid,
alkaline copper quaternary (ACQ), DBlaze fire retardant (phosphor -ammonium boron
compound) and water repellants (wax based products). While these products have been
manufactured or handled at the facility for many years the wood preservative industry is
transitioning from metal based chemistries to organic based chemistries based on
biodegradable biocides called ITAs or chloroisothiazolinones. Hence the volumes of CCA and
arsenic acid are decreasing with launch of the new organic products. The production of these
organic based products includes the storage and handling of new organic chemicals including;
Dowanol, Tergitol, Texanol, castor oil and derivatives, emulsifiers and the organic pesticides
Imidicloprid and Tebuconazole.
Supplemental Information Required for a Renewal of Individual Stormwater Permit
BMP Summary
Chemical Specialties Inc.
NCS000057
Material
Storage Location
Usage
Qty Stored
BMPs Utilized
Arsenic trioxide bags
Indoor
Waste
Bags washed 3 times.
Material stored indoors.
Stored outside and under roof.
NA
Equip_ is deconed prior to storage.
Abandoned equipment
Used equipmentlBone yard
Varies
New storage shed in bone yard
(2009) to minimize contact with
rain and major equipment cleanup_
Stored outside in tanks wl
secondary containment.
Acetic Acid
Indoor outdoor tanks
Raw
40,OOO lbs
Stormwater back to process.
Material
Containment repairs made in
October of 2010 during scrubber
installation.
Main production areaslstorage
ACC
Tank farm that is under roof
Product
<500,000
under roof with secondary
containment. High volume of
lbs
tankers transported across site.
Stormwater back to process.
Tanks have secondary
Ammonia 19%
Raw
containment. Stormwater back to
(ammonium hydroxide)
Outside tank storage
Material
90,000 lbs
process. Containment repairs
made in October of 2010 during
scrubber installation.
Ammonium Chloride
Solid
Indoor
Raw
Material
<20,000 lbs
Stored inside in bags
Antifoam (silicone)
Indoor & minimal outdoor
Raw
Material
<100,000
Stored inside in drums but used
outside in areas with secondary
&
lbs
containment. Small volumes
Material
Storage Location
Usage
Qty Stored
BMPs Utilized
Product
transferred.
Indoor & outdoor (some process
<1,000,000
Stored outside in tanks under roof
Arsenic acid
tanks not under roof)
Product
Ibs
wlsecondary containment. Ali
stormwater back to process.
Raw
<1,000,000
Stored outside in silos within
Arsenic Trioxide
Indoor & Outdoor
Material
Ibs
containment. Bags stored indoors_
All stormwater back to process.
Boric acid
Indoor & outdoor
Raw
70,000 Ibs
Stored inside. Only in small
Material
volumes outside.
Stored outside in tanks but
Carbon Dioxide
Raw mat'I/indoor & outdoor
Raw
60,000 Ibs
becomes gas at ambient temp and
Material
pressure
Stored inside and outside in tanks
CCA
Indoor & outdoor
Product
<1,000,000
w/containment. Some tanks under
(60%)
Ibs
roof. All stormwater back to
process_
Chromic acid
Indoor
Raw
< 500,000
Stored inside in' drums
Material
Ibs
Copper Ammonium
Carbonate (Compsol)
Outdoor
Product
575,000 Ibs
Stored outside in tanks wl
secondary containment. All
stormwater back to process.
Stored outside in tanks
wlsecondary containment. Small
consumer commodities stored
Copper Count N
Indoor & outdoor
Product
<99,000 Ibs
inside. All stormwater back to
(Copper Ammonium
process. Containment repairs
Acetate)
made in October of 2010 to
containment during scrubber
installation.
Raw
120,000 Ibs
Usually stored indoors but
Copper metal
Indoor & outdoor
Material
sometimes outside.
Material
Storage Location
Usage
Qty Stored
BMPs Utilized
Rinse filters prior to disposal to
minimize chemical content. Use
hard topped covered roll -offs to
Copper wastes
Indoor & outdoor
Waste
30,000 lbs.
minimize contact with rain. Curbing
and containing area where roll -off
is stationed. Routine inspection by
operations.
D-blaze
Stored outside in tanks wl
Outdoor
Product
100,000 lbs
secondary containment.
Stormwater back to process.
Dowanol (Product to be
eliminated a# end of
Stored in tank farm with roof and
2011 due to
Outdoor
Material
100,000
secondary containment.
discontinuation of
Stormwater back to process.
Ecovance
Filter media
Raw
Stored indoors. Spill kits covered
(diatomaceous earth,
Indoor & minimal outside (spill kits)
Material
60,000 lbs
wlplastic
clay)
Fuel oil
Outdoor
Fuel Oil
<10,000 gal
Stored outside in double wall tank.
Hydrated lime &
Outdoor & minimal indoor storage
Raw
350,000 lbs
Stored outside in silos. Hydrated
Calcium Hydroxide solid
of bags
Material
lime area drains to WWT.
Stored outside in tanks
Hydrochloric Acid
Outdoor
Raw
300,000 lbs
wlsecondary containment
Material
structure. All captured SW to
WWT.
Hydrogen Peroxide
Outside
Raw
Material
<100,000
lbs
Tank has secondary containment.
Imidacloprid &
Indoor
Raw
50,000 lbs
Stored indoors.
Tebuconazole
Material
Magnesium Hydroxide
Outdoor
Raw
850,000 lbs
Tank has secondary containment.
Material
Stormwater to WWT.
Material
Storage Location
Usage
Qty Stored
BMPs Utilized 7
Reactors controlled with weigh
Metal Acetates (Mg, Li &
cells and PLC. Outside area
Zn)
Indoor & outdoor
Product
180,000 Ibs
sloped to drains All stormwater
drains to WWT system. Totes
stored indoors. Operator training
Metal Carbonates (Cu,
Indoor
Raw
<100,000
Li, Mn, Na)
material
Ibs
Stored inside in containers.
Reactors controlled with weigh
Metal Chlorides (Al, Mg,
cells and PLC. Outside area
Zn, & Mn)
Indoor & outdoor
Product
900,000 Ibs
sloped to drains All stormwater
drains to WWT system. Totes
stored indoors. Operator training.
Reactors controlled with weigh
Metal Nitrates (Ca, Mg,
1,670,000
cells and PLC. Outside area
Al, Mn, Cu, Li, & Zn)
Indoor & outdoor
Product
lbs
sloped to drains All stormwater
drains to WWT system. Totes
stored indoors. Operator training.
Containers stored inside. Zinc
Metal Oxides (Cu, AI,
Raw
1,060,000
oxide empty raw material bags
Mg, & Zn)
Indoor
Material
Ibs
are placed in plastic bags prior to
disposal in com acter.
Stored in tank farm that is under
Raw
<1 000,000
roof with secondary containment.
Monoethanol-amine
Indoor & outdoor
Material
Ibs
Collected water goes back to
process. Smaller containers stored
indoors.
Nitric Acid
Indoor & outdoor
Raw
500,000 Ibs
Tank has secondary containment.
Material
Stormwater goes to WWT.
Bulk storage tanks under roof with
Raw
secondary containment. Most
Oils and waxes (linseed,
Indoor and outdoor
Material
<100,000
production indoors. Some
mw-2, castor, pine)
&
Ibs
containers stored inside but used
Products
outside in areas wlsecondary
containment.
Raw
Stored outside in tank but
Oxygen
Indoor & outdoor
Material
65,000 Ibs
becomes gas at ambient temp and
pressure.
Material
Storage Location
Usage
Qty Stored
BMPs Utilized
Raw
Stored outside in tank with
Phosphoric Acid
Indoor &outdoor
Material
80,000 Ibs
secondary containment.
Stormwater goes to WWT.
Preact (Zinc Ammonium
Outdoor
Stored outside but all stormwater
Chloride)
Product
20,000 Ibs
goes to WWT system.
Raw
Outside storage is in tank farm
Quaternary Ammonium
�
that is under roof with secondary
Compounds (Q-50C, Q-
Indoor and Outdoor
Material
<1,000,000
containment. Collected water goes
5097, CTAC)
&
Ibs
back to process. Smaller
Product
containers stored indoors.
Raw
<100,000
Stored outside in tanks but all
Sodium Hydroxide
Outdoor
Material
Ibs
stormwater goes to WWT system.
(Isothiazolinones or
Raw
ITAs)
Bulk storage in indoor tanks
Material
<500,000
w/containment_ Containers stored
Supatimber HE 14,
Indoor
&
Ibs
indoors. Process area indoors.
Moldex 45, DCOIT
Product
Tergitol (Product to be
eliminated at end of
Stored in tank farm under roof with
2011 due to
Outdoor
Raw
100,000 Ibs
containment. All stormwater goes
discontinuation of
Material
back to process.
Ecovance)
Texanol (ester alcohol)
Product to be eliminated
Stored in tank farm under roof with
at end of 2011 due to
Outdoor
Raw
<100,000
containment. All stormwater goes
discontinuation of
Material
Ibs
back to process.
Ecovance)
Timber rubbish & debris
(PPE & mist. debris)
Waste material/indoor
Waste
24,000 Ibs.
Stored indoor in containers.
Timbersaver (disodium
Indoor
Product
<100,000
Ibs
Stored inside
octaborate tetrahydrate)
Material
Storage Location
Usage
Qty Stored
BMPs Utilized
<100 000
Stored outside in tanker trucks in
Ultrawood
Indoor outdoor
Product
!bs
full tanker parking area. Transfers
performed in contained area.
Most pallets stored on recycle
trailer. Some stored outside.
Waste
Multiple
Product contamination should be
Wood pallets
Recycled indoor (trailer) & outdoor
minimal_ Pallets decontaminated
prior to recycling. Stormwater
from area collected to WWT.
North Carolina Division of Water Quality - Storm water Permitting Unit
Facility Name:
Permit Number:
Location Address:
County:
Chemical Specialties
NCS000057
5910 Pharr Mill Rd
Harrisburg, NC 28075
Cabarrus
"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 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."
And
"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."
S� n accordm t5, ,to: P rmitsigna,ot�.r.. q
uiremens and return this Certification DO NOT
SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.:;
2 . , ,.. , .
Signature
Print or type name of person'signing above
Date V/s / /I
v �Ot5
Title If
SPPP Certification 5/09
\'
f
J
Permit No. NCS000057
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY RECEIVED DIVISION WATER QUALITY
PERMIT
JAN 3 7012
TO DISCHARGE STORMWATER UNDER THE SW'P SECTION
MOORESVILLE REGIONAL OFFICE
In compliance with the provisions of North Carolin
standards and regulations promulgated and adopted
Management Commission, and the Federal Waterl
Chemi
is hereby
at 143-215.1, other lawful
Carolina Environmental
rol Act, as amended,
ies, Inc.
stormwater from a facility located at
arr Mill Road
sburg, NC
rus County
to receiving waters designated as Rocky River, a class C stream in the Yadkin -Pee Dee River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V and VI hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective May 1, 2012.
This permit and the authorization to discharge shall expire at midnight on April 30, 2017.
Signed this the 201h day of April, 2012.
for Charles Wakild, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000057
1
PART I
Section A:
Section B:
Section C:
PART II
Section A:
Section B:
Section C:
Section D:
PART III
Section A:
Section B:
TABLE OF CONTENTS
INTRODUCTION
Individual Permit Coverage
Permitted Activities
Location Map
MONITORING, CONTROLS, AND L
DISCHARGES
Stormwater Pollution Prevention P
Analytical Monitoring Requir e
Qualitative Moni�tori�ng uir e
On -Site Vehicle`te Mon
PERMITTED
itoring Requirements
STANDARD DITI S FOR NPDES STORMWATER INDIVIDUAL
PERMITS
JW
Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
b.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
General Conditions
1.
Individual Permit Expiration
2.
Transfers
3,
" Signatory Requirements
i
o
Permit No. NCS000057
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Out
6.
'Records Retent'o
7.
Inspe n
Section E: Reporting Re em
1.
Dis arge M itoring Reports
2.
Su • reports
3.
Avat iIity of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
1 l .
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
T
Permit No. NCS000057
PART I
INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
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 Exckh
s'on
from NPDES stormwater
discharge permit requirements. Any owner or operator wis obtain a No Exposure
Certification must submit a No Exposure Certifcatik
to th Division; must receive
approval by the Division; must maintain no exposur s authorized to discharge
under a valid NPDES stormwater permit; and must r t o Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED A
Until this permit expires or is ie vothe permittee is authorized to discharge
stormwater to the surface waters rt lina or separate storm sewer system that has been
adequately treated and managed ' e with the terms and conditions of this individual
permit. All stormwater disch es sha in accordance with the conditions of this permit.
Any other point source disc urface waters of the state is prohibited unless it is an
allowable non-stormwater d ge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part 1 Page I of 2
SECTION C: LOCATION MAP
Permit No. NCS000057
N. •, motif d ,-
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NCS000057
Chemical Specialties, Inc,
N,
tt _� f
Latitude; 35" 19' 56" N
Longitude: 8V 37 33" W
County: Cabal -us
Receiving Stream: Rocky Rivei.
Index No.: 13-17
St-eam Class: C
Sub -basal 03-07-12 (Yadkin - Pee Dee River Basin)
Facility Location
Part I Page 2 of 2
Permit No. NCS000057
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part Ill, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the ysical facility and the
potential pollutant sources which may be expect d t ribute to contamination of
stormwater discharges. The site plan shall co n tqMwi
(a) A general location map (USGS quadr ap or appropriately drafted
equivalent map), showing the facilit ' to in relation to transportation routes
and surface waters, the name of t in ater(s) to which the stormwater
outfall(s) discharges, or if the ' ch g a municipal separate storm sewer
system, the name of the mu ' the ultimate receiving waters, and
accurate latitude d Ion ' e oint(s) of discharge. The general location
map (or alternati a shall identify whether each receiving water is
impaired (on the s ist of impaired waters) or is located in a
watershed for a has been established, and what the parameter(s)
of concern are
(b) A narrative d of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: 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, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
Part11 Page] of 10
Permit No. NCS000057
B, Paragraph 3. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherev r practical, the permittee shall
prevent exposure of all storage areas, materia ling operations, and
manufacturing or fueling operations. I ea e
ination of exposure is
not practical, the stormwater manage nt n ment the feasibility of
diverting the stormwater runoff away -o areas o tial contamination.
(b) Secondary Containment Requin
required for: bulk storage of li
313 of Title III of the Superf
water priority chemicals; stc
order to prevent lls
or summary of all an
containment area
jEjjMWd1_T.brds. Secondary containment is
7101 e � ; storage in any amount of Section
en ents and Reauthorization Act (SARA)
Wany amount of hazardous substances, in
contaminating stormwater runoff. A table
stored materials and their associated secondary
ined. If the secondary containment devices are
connected to st Ovate veyance systems, the connection shall be controlled
by manually ivated lees or other similar devices (which shall be secured
closed with a eall
chanism), and any stormwater that accumulates in the
containment 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 years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and 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 Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) 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
Part 11 Page 2 of 10
Permit No. NCS000057
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil 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. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (incl ding material storage areas,
material handling areas, disposal areas, process areas o ing and unloading areas, and
haul roads), all drainage features and structure ng str ctural BMPs. The
program shall establish schedules of inspecti nt and housekeeping
activities of stormwater control systems, as w facilit quipment, facility areas, and
facility systems that present a potential for st exposure or stormwater pollution.
Inspection of material handling areas and r c ng schedules of these areas shall
be incorporated into the program. Tim c e with the established schedules for
inspections, maintenance, and house p' s be recorded in writing and maintained
in the SPPP.
5. Employee Training. Trai o shall be developed and training provided at a
minimum on an annual b ci personnel with responsibilities for: spill response
and cleanup, preventat' a main cc activities, and for any of the facility's operations
that have the potenti o con inate stormwater runoff. Facility personnel (or team)
responsible for impl a training shall be identified, and their annual training
shall be documented signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
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
Part 11 Page 3 of 10
Permit No. NCS000057
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
8. Facility 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
required in Part II B and C of this permit.
9. Implementation. The permittee shall implet
shall include documentation of all monitor
activities, and training provided to employe
of actions taken to implement BMPs associ
vehicle maintenance activities. Such docur
five years and made available to the Di0Ft(
immediately upon request.
L'UR&Impignentation of the Plan
ire a spections, maintenance
ing d7log of the sampling data and
e industrial activities, including
all be kept on -site for a period of
iirector's authorized representative
Part I1 Page 4 of 10
Permit No. NCS000057
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in' a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
oroducina a discharge begins within 10 hours.
Table 1. Analytical Monitoring Re uiremen
RI-21 ar
Charac_ etl 'cs
Total Suspended Solids
�rrr 1 its
m /L
ea ure r quen
ual
ample
e2N
Grab
a ple
WOMns
SDO
Chemical Oxygen Demand
m /L
se -annual
Grab
SDO
Co er, total recoverable
mi-annual
Grab
SDO
Zinc, Total Recoverable
semi-annual
6
Grab
SDO
H
tan
semi-annual
Grab
SDO
Total Rainfal14
inc1jj
semi-annual
�ain Gau e
- :1
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part I I Page 5 of 10
Permit No. NCS000057
Table 2. Monitoring Schedule
Monitorin eriad
Sam le umberNONE
Start
End
Year 1 — Period 1
1
May 1, 2012
December 31, 2012
Year 1 — Period 2
2
January'], 2013
June 30, 2013,
Year 2 — Period 1
3
July 1', 2013
December 31, 2013
Year 2 -- Period 2
4
January 1, 2014
June 30, 2014
Year 3 — Period 1
5
July 1, 2014
December 31, 2014
Year 3 — Period 2
6
January 1, 2015
June 30, 2015
Year 4 — Period 1
7
July 1, 2015
December 31, 2015
Year 4 — Period 2
8
January 1, 2016
June 30, 2016
Year 5 — Period 1
9
July 1, 01
December 31, 2016
Year 5 — Period 2
10
Jan y 4M 7
April 30, 2017
Footnotes:
1 Maintain semi-annual monitoring during permit renew
Permit, the permittee has submitted an application for
the permittee will be considered for reneweAcovera
monitoring until the renewed permit is issue2 If no discharge occurs during the sampling "No Flow" within 30 days of the end of the
Iexpiration of the Individual
coverage before the submittal deadline,
icant must continue semi-annual
VEe must submit a monitoring report indicating
ing period.
The permittee shall report the an ]from each sample within the monitoring period. The
permittee shall comparitorjipgjqm W a benchmark values in Table 3. The benchmark
values in Table 3 are not peX11n
imits hould be used as guidelines for the permittee's Stormwater Pollution PrevePlan PP). Exceedences of benchmark values require the
permittee to increase monit - i ase management actions, increase record keeping, and/or
install stormwater Best MandlWt Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
i char Cha acteristic
t nits
Benchmar
Total Suspended Solids
mg/L
100
Chemical Oxygen Demand
mg/L
120
Copper, total recoverable
mg/L
0.007
Zinc, Total Recoverable'
mg/L
0.067'
pH
standard
6-9
Footnotes:
1 Benchmark value is dependent on water hardness; value in Table 3 is based on a water hardness of 50 mg/I.
Part 11 Page 6 of 10
Permit No. NCS000057
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfal I;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the ' s tion.
5. Record each instance of a Tier One response in the m Pollut' n Prevention Plan. Include
the date and value of the benchmark exceedence, t in ecti the personnel conducting the
inspection, the selected actions, and the date the se actions were im lemented.
Tier If: During the term of this permit, the first valid s pli re from two consecutive monitoring periods
are above the benchmark values, or outside a ne ark range, for any specific parameter at a
specific discharge outfall;
Then: The permittee shall:
I . Repeat all the required acti ou ove in Tier One.
2. Immediately institute mo ley ing for all parameters at every outfall where a sampling result
exceeded the benchmar lue f wo consecutive samples. Monthly (analytical and qualitative)
monitoring shall contin three consecutive sample results are below the benchmark values or
within the 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. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, 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 DWQ Regional Office Supervisor in writing within
30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part I1 Page 7 of 10
Permit No. NCS000057
This site discharges to impaired waters experiencing problems with copper, turbidity, and
biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of
Rocky River, the permittee may be required to monitor for the pollutant(s) of concern in the
future and submit results to the Division of Water Quality. The Division will consider the
monitoring results in determining whether additional BMPs are needed to control the pollutant(s)
of concern to the maximum extent practicable.:
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable
for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan.
SECTION C: QUALITATIVE MONITORING REQUI
Qualitative monitoring requires a visual inspection of
representative outfall status and shall be performed a
monitoring event. Qualitative monitoring is for the p
Stormwater Pollution Prevention Plan (SPPP) and ash
In the event an atypical condition is noted at a
document the suspected cause of the conditi a an
discovery. This documentation will be tai
Table 4. Qualitative Moni t ements
NTS
ater utfall regardless of
teMaWe 4, during the analytical
of ev ating the effectiveness of the
&ew sources of stormwater pollution.
scharge outfall, the permittee shall
Lctions taken in response to the
the SPPP.
i s are ►ha acteri i
c
I i o ing
acation
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:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfail (SDO)
regardless of representative outfall status.
Part II Page 8 of 10
Permit No. NCS000057
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discba a aracteris ics
n
eau a
Samp a
p ;ej
H
standard
s - nua
Grab
SDO
Non -Polar Oil & Grease / TPH
EPA Method 1664 SGT-HEM)
mg/L
s i- 1
Grab
SDO
Total Suspended Solids
m g/L
e ual
Grab
SDO
Total Rainfall4
inche
s i-annual
Rain gauge
New Motor Oil Usage
n th
semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: 'twice r year d a representative storm event, for each year until either another
permit is issued for this facility until this ermit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted th ropri paperwork for a renewal permit before the submittal deadline, the
permittee will be considered f I application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See le 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 if the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Part I I Page 9 of 10
Permit No. NCS000057
1)ischar a Characteristics
+ nits
enchmark
pH
standard
6-9
Non -Polar Oil & Grease / TPH
[EPA Method 1664 (SGT-HEM)]
mg/L
15
Total Suspended Solids
mg/L
100
Part 1I Page 10 of 10
Permit No. NCS000057
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
2.
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2(b) of this permit, shall be accomplished withi�12 months of the effective date of
the initial permit issuance. i7
New Facilities applying for coverage for the first time ild e m previously permitted and
applying for renewal under this permit: The Stormwate tion Pr ion Plan shall be developed and
implemented prior to the beginning of discharges fonm
ion of the industrial activity and be
updated thereafter on an annual basis. Secondary cpecified in Part 1I, Section A, Paragraph
2(b) of this permit shall be accomplished prior tof discharges from the operation of the
industrial activity.
Dutv to Comply
The permittee must comply Nsuan
6%onodicif'jcation;
f this individual permit. Any permit noncompliance
constitutes a violation of theCld is grounds for enforcement action; for permit
termination, revocation and or denial of a permit upon renewal application.
The permittee sacompll,4,ith standards or prohibitions established under section 307(a) of the
Clean Water AcOMIOPPollutans within the time provided in the regulations that establish these
standards or proh ns, 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 l 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 ($10,000) 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: NC General Statutes 143-215.6A],
Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class [
penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed
Part I I I Page 1 of 8
Permit No. NCS000057
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class If penalty not to exceed $125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the pennittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthennar the permittee is responsible for
consequential damages, such as fish kills, even though the resp ity for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed ec a institution of any legal action or relieve
the permittee from any responsibilities, liabilitie ies which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 th e ct, 33 USC 1321,
6. Property Rights
The issuance of this individua Id n convey any property rights in either real or personal
property, or any exclusive privi t authorize any injury to private property or any invasion of
personal rights, nor any infri ement eral, State or local laws or regulations.
7. Severability
The provisions of this indipermit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000057
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit_ Expiration
The permittee is not authorized to discharge after the expiration
authorization to discharge beyond the expiration date, the erml
required by the agency authorized to issue permits no la had
permittee that has not requested renewal at least 180 d pr'
have a permit after the expiration and has not requeste wa
subjected to enforcement procedures as provided in N
Transfers
This permit is not transferable to any
Director may require modification or
incorporate such other requir, is
required to notify the Divisio6-1
Sianatoa Requirements
All applications, reports,
a. All applications
$n order to receive automatic
all submit forms and fees as are
iys prior to the expiration date. Any
tol%NW, or any permittee that does not
I at leMM80 days prior to expiration, will be
-215.36 and 33 USC 1251 et. seq.
Vu
otice to and approval by the Director. The
anceof the permit to change the name and
nder the Clean Water Act. The Permittee is
event the permitted facility is sold or closed.
submitted to the Director shall be signed and certified.
under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
Part III Page 3 of 8
Permit No. NCS000057
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 wledgc and belief, true, accurate,
and complete. I am aware that there are significa t pe1W for submitting false information,
including the possibility of fines and imprison r> fo no ing vio�qtions."
Indivi
The issuance of this individual permit does not proh
individual permit, revoking and reissuing the ind'
allowed by the laws, rules, and regulations co me(
and 123; Title 15A of the North Carolina A mist
General Statute 143-215.1 et al. 11
5. Permit Actions
The permit may be me
changes or anticipated
SECTION C: OPERATION
2.
I%Dpr
from reopening and modifying the
�migMr terminating the individual permit as
10, Code of Federal Regulations, Parts 122
ode, Subchapter 2H .0100; and North Carolina
;issued, or terminated for cause. The notification of planned
not stay any individual permit condition.
NTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
BypassingofStormwater 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
Partill Page 4 of 8
Permit No. NCS000057
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
The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
3.
Representative Sampling
Samples collected and measurements taken, as requii
nature of the permitted discharge. Analytical samplii
event. Samples shall be taken on a day and time that
taken before the discharge joins or is diluted by any
Monitoring points as specified in this permit sha e
the Director.
Recordinp, Results
For each measurement, sampH
requirements of this individual
acteristic of the volume and
rfolW during a representative storm
;tic of the discharge. All samples shall be
Team, body of water, or substance.
without notification to and approval of
nance activity performed or collected pursuant to the
shall record the following information:
a. The date, exact pife, and titfiMf sampling, measurements, inspection or maintenance activity;
b. The individual( ormed 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.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314,,of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part HI I Page 5 of 8
Permit No. NCS000057
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Re resentative Outfali
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at
Pollution Prevention Plan. Copies of analytical monitorin res
permittee shall retain records of all monitoring infonnat' , in
records and all original strip chart recordings for cont in ous n�
reports required by this individual permit for a period ast 5
measurement, report or application. This period may b t ed
Inspection and Entry
the cility along with the Stormwater
all also be maintained on -site. The
Lfl&all cal' ration and maintenance
m � mentation, and copies of al I
ye om the date of the sample,
by request of the Director at any time.
The permittee shall allow the Director, or a th zed presentative (including an authorized contractor
acting as a representative of the Director , in106jWof a facility which discharges through a municipal
separate storm sewer system, th eprINative of a municipal operator or the separate storm
sewer system receiving the dis u resentation of credentials and other documents as may be
required by law, to;
a. Enter upon the p ittee's pr ses where a regulated facility or activity is located or conducted,
or where record ust be t under the conditions of this individual permit;
b. Have access to any, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part III Page 6 of 8
E
Permit No. NCS000057
6.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
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. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
so.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Servict769,0
ter
Raleigh, North Carotin
In addition, a separate signed Annual Summary DMR
Office (RO) by March I of each year.
Ad
Addresses for each RO and the counties
http://portal.ncdenr.org/web/wq/hom,
Visual monitoring results should not be
specifically requested by DWAL 4
Availability of Reports
be submitted to the local DWQ Regional
Wan
be found here:
all retain the completed originals on site.
Regional Offices or Central Files unless
gnglymaking
Except for data determine o al under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all re s ccordance with the terms shall be available for public inspection
at the offices of the Divi -ity. As required by the Act, analytical data shall not be
considered confidential. any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
Non-Stormwater Discharges
If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
E
Anticipated Noncompliance
The permittce shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of S
Permit No. NCS000057
SniIIs
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI 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
a.
W,
10.
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.
Unanticipated bypass. The permittee shall submit notice wit n 24 hours of becoming aware of an
unanticipated bypass. V
Twenty-four Hour Reporting.
The permittee shall report to the central office or the
may endanger health or the environment. Any2av
the time the permittee became aware of the ci
within 5 days of the time the permittee becam
The written submission shall contain a
noncompliance, including ex tes4
anticipated time compliance isTmk
prevent reoccurrence of the non
The Director may waive
within 24 hours.
Other Noncompliance
regional office any noncompliance which
provided orally within 24 hours from
tten submission shall also be provided
1148q noncompliance, and its causes; the period of
if the noncompliance has not been corrected, the
ue; and steps taken or planned to reduce, eliminate, and
on a case -by -case basis if the oral report has been received
The-permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part I I I Page 8 of 8
Permit No. NCS000057
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under provisions of the Clean Water Act, if the
effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or ,
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this
Act then applicable.
PART V ADMINISTERING AND
REQIIII 0
The permittee must pay the administering and
the Division, Failure to pay the 1
Division to initiate action to reve
3.
Act
See Clean Water Act
in
it.
other requirements in the
E MONITORING FEE
ig fee within 30 (thirty) days after being billed by
with 15A NCAC 2H .0105(b)(4) may cause this
DEFINITIONS
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flush ings,. water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More information on BMPs can be found at:
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cftn.
4. 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.
5. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
Parts IV, V and VI Page l of4
Permit No. NCS000057
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7, Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the
10. EMC
The North Carolina Environmental Management
12.
13
14.
Grab Sample
An individual sample collected instant
qualitatively) must be taken within the
Hazardous Substance
Any substance designated
Landfill
A disposal facility or par
treatment facility, a surfa
a surface storage facility.
�ples that will be analyzed (quantitatively or
discharge.
6 pursuant to Section 31 1 of the Clean Water Act.
facility where waste is placed in or on land and which is not a land
!nt, an injection well, a hazardous waste long-term storage facility or
Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industriai 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.
DWQ 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)
16. 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 an Individual Permit.
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit,
Part V I Page 2 of 4 Pages
Permit No. NCS000057
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, dr discrete fissure from which stormwater is or may be discharged to waters
of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfal I. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative ou II status. Representative outfall
status allows the permittee to perform analytical monitoring at representative
number of outfalls.
21. Secondary Containment
Spill containment for the contents of the single largest
freeboard to allow for the 25-year, 24-hour storm ever
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pure
Reauthorization Act (SARA) o
to -Know Act of 1986& J
Is present at or abi
requirements; and
Meets at least one a fol
(1} Is listed' appendi
III {ce metals yai
hazard ces};
2 Is listed azardous
C.
()
CFR 116.4; or'
structure plus sufficient
3 of Title I I I of the Superfund Amendments and
the Emergency Planning and Community Right -
a facility subject to SARA title III, Section 313 reporting
criteria:
40 CFR part 122 on Table 11 (organic priority pollutants), Table
es, and phenols) or Table IV (certain toxic pollutants and
substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
(3) Is a!pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Propea Damage Il
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.
24. Si nificant 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(] 4) 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.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref' 40 CFR 110.10 and CFR 1 17.21) or section 102 of
CERCLA (Ref* 40 CFR 302.4).
Part VI Page 3 of 4 Pages
Permit No. NCS000057
26. 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.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmen.
28. Stormwater Associated with Industrial Activi
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw rnaterial storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activ s defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activitieded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details meas
is based on an evaluation of the pollution potential of t
30. Total Maximum Daily Load T DL
TMDLs are written plans for attaining and
water body and pollutant. (A list of appro4
http*flh2o.enr.state.ne.us/tmdl/) i
reduce stormwater pollution and
lauality standards, in all seasons, for a specific
state of North Carolina can be found at
31. Toxic Pollutant
Any pollutant listed as toxic un c n a)(1) of the Clean Water Act.
32. Vehicle M
Vehicle rehabilitation, m amcal r airs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operation
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part V 1 Page 4 of 4 Pages
SPILL SUPPLIES LISTING
A. MAIN DOCK BLDG. 14 - (ONE DRUM WITH PADS AND ABSORBENT PIGS)
B. NORTH END S-8 BLDG 1 (TWWO DRUMS WITH ABSORBANT PADS AND PIGS)
C. SPILL SUPPLIES BLDG. #17 (ABSORBANT CLAY, REDUCING AGENTS, NEUTRALIZINC CHEMS,
SHOVELS AND SQUEEGEES)
D. SPILL KIT #3 DRIVEWAY (ONE DRUM WITH CLAY ABSORBENT PADS AND PIGS)
E. #4 WAREHOUSE BLDG. 230 (CLAY ABSORBENT , PADS, PIGS)
F. TEXTILE PLANT BLDG. 42 (ONE DRUM WITH A DRAIN BLANKET AND PALLET OF ABSORBENT)
G. ACQ TANK FARM (SHOVELS AND A PALLET OF ABSORBENT)
H. MAINTAINENCE SHOP, BLDG 4 (ONE DRUM WITH PIGS AND PADS)
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LOCATION
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2.
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3.
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8 LOADING DOCK
4.
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5.
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6.
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7.
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9.
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10.
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11.
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- 12.
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13,
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14.
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15.
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16.
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17.
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18.
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19.
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20.
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21.
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22.
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23.
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24.
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25.
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26.
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WW4.
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WWS. LAB BASEMENT ROOM SUMP
t
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TO EITHER STORM OR WASTE WATER SYSTEMS.
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Patterson, Robert
From: Patterson, Robert
Sent: Tuesday, December 13, 2011 10:16 AM
To: 'jonnas@chemspec.com'
Subject: NCS000057 - Chemical Specialties, Inc. - Stormwater Permit Renewal
lonna,
I wanted to follow up from my voice mail I just left for you. I have a couple questions to ask to help with my review of
your renewal application.
1. How and where was the background rainfall sample collected (open area, from roof drain, etc.); and was it just a
single sample?
2. What method is used to determine if the loaded trailer parking area goes to sw or to ww?
Also, we have noted your concerns in your cover letter and we will work with you on addressing those. One thing to
note is that our benchmarks are based on acute toxicity values that are not adjusted for specific sites. These are the
same benchmarks used for any other sites monitoring for Cu and Zn. That said, we recognize that acute values for these
metals are low, and that their toxicity is highly variable and dependant on water hardness. We may consider site -
specific BMPs in lieu of benchmarks for one or more of these parameters. This is something we have done at a few
other facilities.
Thanks.
Robert D. Patterson, PE
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting
1617 Mail Service Center, Raleigh, NC 27699-1617 Mail I 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor Location & Parcels
(919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert.Patterson mcdenr. ov Email I http://portal,ncdenr.org/web/wg/ws/su Wcbsite
b-A Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is
exempt by statute or other regulation.
/ . xe;; - <�
12
ONrt c r,> KA G u f- Z,v 15s q t s ; 4-tSAd-iD 1 V AtUCs 000Stt 3.
SECTION E: MANDATORY BEST MANAGEMENT PRACTICIES (BMPS)
The Permittee shall implement the following BMPs at this facility and shall include these BMPs
in the facility's SPPP:
1. The Permittee shall ensure entryways and loading/unloading areas near manufacturing
areas where copper and zinc exposure could occur are swept and cleaned -up daily, and
that cleaning procedures are conspicuously posted within the affected work areas.
2. The Permittee shall ensure routine evaluations by employee task groups of BMPs
intended to reduce copper and zinc exposure and shall identify practices or areas in need
of improvement.
3. The Permittee shall implement BMPs to reduce copper and zinc exposure, including but
not limited to: storing empty drums and totes indoors; improving preventative
maintenance for any dust collectors; and clean-up from handling and storing of the
powdered and liquid copper and zinc materials. For BMPs that have already been
implemented, the Permittee shall ensure those practices are maintained as long as they
effectively reduce copper and zinc exposure.
4. The Permittee shall devise a Monitoring Plan for sampling runoff from segregated areas
(for example, the roof drains and loading/unloading areas) to determine where the
primary contributions of copper and zinc to stormwater occur at the site. This Monitoring
Plan shall be submitted to DWQ for review and approval within four months of the
effective date of this permit [by May 1, 20121. The Monitoring Plan should require
sampling (grab samples) be conducted during representative storm events. In addition to
other parameters the Permittee deems useful, the Permittee shall analyze copper and zinc
concentration and estimate flow volume for each sampled event. If averages will be used,
the plan should include criteria about how many samples are required. If the Perrnittee
will evaluate the proportion of contribution to the total mass of copper and zinc in runoff
from the entire site, measurements should be taken concurrently at stormwater discharge
outfalls. Revisions to the Monitoring Plan shall not require a revision to the Stormwater
Permit. Any revision of the Monitoring Plan after the initial review and approval of
DWQ shall be accomplished by mutual agreement between DWQ and the Permittee.
For areas the Permittee has determined to be primary contributions to copper and/or zinc
in runoff from this facility, either through the above Monitoring Plan or by other means,
the Permittee shall assess BMPs intended to reduce copper and zinc release and exposure
from industrial activities, reduce other sources of copper and zinc contamination, and/or
capture and treat the runoff with engineered controls. The Permittee shall establish a
schedule to implement selected BMPs and shall submit a status report to DWQ outlining
progress two and a half years following the effective date of this permit [by June 30,
20131. The BMPs assessment and recommendations may focus on copper and zinc
sources attributable to industrial activities and materials, but the report should list any
other influences that are suspected to, or were determined to, contribute significant
amounts of copper and zinc to the stormwater discharge.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 12, 2011
RECEIVED
DIVISION OF WATER QUALITY
Ms. jonna A. Stein
Chemical Specialties, Inc.
PO Box 1330
Harrisburg, NC 28075
Dear Ms. Stein:
OCT 14 2011
SWP SECTION
MOORESVILLE REEGIONAL OFFICE
Subject: NPDES Permit Renewal Application
CSI, Inc.
Permit Number NCS000057
Individual Stormwater Permit
Cabarrus County
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges
receipt of your renewal application for coverage under NPDES Permit Number NCS000057
on September 9, 2011, We are currently beginning our review of your renewal application.
Please continue to comply with all conditions and monitoring requirements in your current
or expired NPDES stormwater permit. • As long as you have submitted a complete renewal
request package and maintain compliance with those permit conditions, stormwater
discharges from this facility are authorized by that permit until the Division issues a
renewal permit or notifies you of an alternative action.
No additional information is required at this time, but we may contact you in the
future. Please notify us if any significant changes have taken place at this facility since
you submitted the renewal package. If you have any questions about this matter, please
contact me at (919) 807-6375, robert.patterson@ncdenr.gov.
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office
Stormwater Permitting Unit Files
Central Files
Wetla.ids and Stormwater Branch One
1617 Mail Sen16e Center, Raiei o, North Carolina 27699-16 �7 NOrthCar�)lina
Local 3n: 512' Salisbury St. Ra:eigh, No. Ii Carolina 2760A t r
Phor•:: 9; 9-80: 6300 4 FAX: 91!, 301-649' i Customer Sen-' .e: 1-877 '123-6748
Internet. www wwaterqualily.orc,
hn f oal OnnAd-- i Arfirmnfi— 2. Lnn !:mnlm.• -
Allocco, Marcia
From: Stein, Jonna [JonnaS@chemspec.com]
Sent: Tuesday, March 30, 2010 10:48 AM
To: Allocco, Marcia
Subject: RE: CSI Stormwater
No there was really no way to do that.
From: Allocco, Marcia [mailto:marcia.allocco@ncdenr.gov]
Sent: Tuesday, March 30, 2010 9:04 AM
To: Stein, Jonna
Subject: RE: CSI Stormwater
Hi Jonna,
Did CSI remove the wastewater from the storm drain after it reached it?
Thanks,
Marcia
From: Stein, Jonna [mailto:JonnaS@chemspec.com]
Sent: Tuesday, March 30, 2010 9:04 AM
To: Allocco, Marcia
Subject: CSI Stormwater
Marcia have been out of the office for a couple of days. Returning your call. The storm drain does eventually makes its
way to the Rocky River but it would be a torturous path (intersecting with other storm drains, swans etc) and is probably a
mile away from the River.
Hope this answers your question.
Thanks,
Jonna Stein
Safety Health & Environmental Mgr
PO Box 1330 ,
Harrisburg, NC 28075
704-455-4171
704-957-8868 (cell)
NOTE: The information transmitted is intended only for the person or
entity to which it is addressed and may contain confidential and/or
privileged material. Any review, retransmission, dissemination or other
use
of, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you
received this in error, please contact the sender and delete the
material from any computer.
NOTE: The information transmitted is intended only for the person or
entity to which it is addressed and may contain confidential and/or
privileged material. Any review, retransmission, dissemination or other
use
of, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you
received this in error, please contact the sender and delete the
material from any computer.
Bell, Wes
From: Stein, Jonna [JonnaS@chemspec.com]
Sent: Thursday, March 18, 2010 12:10 PM
To: Allocco, Marcia; Bell, Wes
Subject: Chemical Specialties Stormwater Report
Attachments: 1792 001.tif
I hope this will be satisfactory. Please let me know if you need additional information.
From: c45_ga@chemspec.com (mailto:c45_ga@chemspec.com]
Sent: Thursday, March 18, 2010 11:47 AM
To: Stein, Jonna
Subject: Attached Image
NOTE: The information transmitted is intended only for the person or
entity to which it is addressed and may contain confidential and/or
privileged material. Any review, retransmission, dissemination or other use
of, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If you
received this in error, please contact the sender and delete the
material from any computer.
((��
C81
March 15, 2010 CHEMICAL SPECIALTIES, INC.
Mrs. Marcia Alloco
NCDENR
Division of Water Quality
Mooresville- Regional Office
610 East Center Ave.
Suite 301
Mooresville, NC 28115
Subject: Notification of Sewage Leak to Stormwater: Chemical Specialties Inc., NCS
000057.
_.__._........_._ ._ _ .... Dear Mrs. Alloco:
The purpose of this letter is to follow up on our phone conversation on March 12, 2010 at
approximately 4:30 pm and to provide written notification to the Division as per our
operating permit section Part III E.8 or "Twenty-four Hour Reporting."
At approximately 4:00 pm on Friday March 12, 2010, CSI became aware of sewage
flowing to a storm drain. A drain blanket was placed over the storm drain at
approximately 4:15 pm. It is estimated that approximately 100-200 gallons of material
back flowed from the line to our septic drain Meld out onto the ground and then into the
storm drain.
The area was investigated by our maintenance staff and the most likely cause was thought
to be an underground leak of the line running to the septic drain field from the office
trailers. I observed that the flow had ceased at 5:00 pm on Friday evening. Contractors
arrived on site Monday morning and repaired a piece of underground ruptured 2" PVC to
the septic drain field. The issue was corrected by 11:00 am on 3/15/2010.
Thank you for your consideration of this issue. If you need additional information please
do not hesitate to contact me at 704-455-4171 or jonnas _,chemspec.corn.
Sincerely,
Jonna A. Stein
Safety, Health and Environmental Manager
CC: Wes Bell, NC DWQ
P%IJ LJ VFS� ���1artt i l Road - Harrisburg, NC 28075 -.704-455-5181
Main Fax 704-455-6507 - Purchasing and Transportation Fax 704-455-5987
Lab Fax 704-455-1123 *Accounting and PoleCare Fax 704-455-1940
Engineering Fax 704-454-5348
i
<s 0�o� W A rFi94G Michael F. Easley, Govemor
William G. Ross Jr., Secretary
co
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 3, 2007
Ms. Jonna Stein,
Chemical Specialties
PO Box 1330
Harrisburg, NC 28075 Sti �ra�
Subject: Individual Permit No. NCS 000057
Chemical Specialties
Cabarius County
Dear Ms. Stein:
Enclosed with this letter is a' copy of the draft stormwater permit sent on September 14,
2005 that was developed by the Division's central and regional staff. The significant changes to
your previous permit are summarized in the cover letter of this permit. As we discussed on the
telephone, this letter was addressed -to your predecessor who has since retired. For that reason, I
am re -sending the draft permit for your review and comment. I have revised the draft sent in
2005 to reflect that the permit will be signed and effective in 2007, and that it will expire in
2012. This new draft permit is also enclosed. Other than this change, the draft permit from 2005
has remained unchanged: Please provide'any comments to me no later than thirty (30)' days ._ '
following the receipt of this letter. Comments should be sent to the address listed at the bottom
of this page. Concurrently, the Division will publish a public notice in your local paper in order
to advise the community of this change and to solicit their feedback. The public will be given
until February 8, 2007 to submit comments to the Division. If no adverse comments are received
from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, please contact me at
919.733.5083 x376 or kelly.p.johnson@ncmail.net.
enc:
cc
Sincerely,
11 I rj.1— }f'1nr W:I'O 1RCE3 '
"AL OFFICE
elly Johnson _
Draft stormwater permit, September 14, 2005
Draft stormwater permit, 2007
Mooresville Regional Office
Stormwater Permitting Unit File NCS 000057
.11 J r r
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083
Customer Service
Internet: www.ncwatgMualiW oM Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax (919) 733-9612
623-6748
JAN 0 4 2007
1-877-
WN Cara
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An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
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SECTION C: LOCATION MAP Permit No: Ncs0000s7
. f i �h„ t��d•4 i �t� 1
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ru•'r �� � "��'�rF. ��ta r�+t � � .1/-r.. '. �� .� � 1. � �_ �+• sr `t�i �`.� l.ti,
VA
r ! J� ..rl � .ttai ,�w,�, , Jam, ""'-,• -. -. "�' r � - ;.,��'<,.� ';
Chemical Specialties, Inc. �� >�; ; ; L.
a1:.�rf.^jPLY
�'r _. r E Y F ;. mow' soo •, � :
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Latitude: 35'19'56". NCS000W ' "Facility
Longitude: 80°37'33"
Chemical Specialties Location` County: Cabarrus , - „>
Stream CIass: C Inc. -
Receiving Stream: Rocky River .
Sub -basin: 03-07-11 ' (Yadkin Pee -Dee River Basin)
Part I Page 2 of 2
Permit No. NCS000057
PART) . MONITORING,.CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
;Y SECTION A: ` STORMWATER POLLUTION PREVENTION PLAN
,.;,'fhe permittee shall develop a Stormwater-Pollution Prevention Plan, hereinafter referred to as
the Plan: , This Plan shall be considered public information in accordance with.Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. _ The Plan shall include, at a F
,minimum, the following
I Site Plan,.The site,plan shall provide a description of the physical facility and the '
potential pollutant sources which maybe expected toontribute to contamination
stormwater discharges. The site plan shall conta n tli allowing
y ,
a A general location map (USGS quadrang e.map or appropriately drafted
;equivalent map), showing the facility's location in relation to transportation
,routes and surface.waters, the n e* i e receiving waters}'to which the
stormwater:outfall(s) dischar , or if
�h�"c�ischarge is to a municipal separate
s#arm sewer system;'the name of��++. fie unicipality and the`ultimate receiving
waters; and accurate'lat�tuc a and`ontude of the point(s) of dischagge.
b A narrative descripo'strtices, loading and unloading activities'' a prac,
outdoor process areas, dust or particulate generating or control processes, and
waste dispos ractices y
• ..' r
C. A site map drwn cale with the following items f '
(1) Distance ,legend and north arrow,.
(2) Location`of industrial activities (including storage of materials,
disposal areas, process areas and loading and unloading areas) ,
(3) Drainage.structures
{4} .Delineated drainage areas for each outfall ° .
(5) Drai mageiarea for each outfall in acres and'percentage„of
each drainage area that is impervious `
T (6) 'Building locations
(7) yExisting BMPs and impervious surfaces. .
(8) ,For each outfall, a narrative description of the potential pollutants that"" .
could be expected to be present in the stormwater discharge..'
t _ .5. •4 V _ t -
d A list of signifcant spills or leaks'of pollutants that have occurred_at the facility
during the 3 previous 'years and.any corrective actions taken to mitigate, spill
impacts. ..
e. ;Certification that the stormwater outfalls have been evaluated for the presence of
-non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 3.
Part II Page 1' of 7
ti Permit No. NCS000057
2 StormwateIr Management PlanThe stormwater management plan shall contain a
p materials practices em to ed which control or
. .narrative description of the materi management p g _ap y ,
minimize the exposureof significant materials to stormwater, including structural and';'
nonstructural. measures. The, stormwater management plan at a minimum, shall ;
incoiporate.the following
a . Feasibility! Study A review `of the technical and. economic feasibility of changing '
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater:-, wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing; or fueling operations ;In areas where elimination of exposure is
not practical,.the stormwater management plan shall document the feasibility of, •.
diverting the stormwater runoff away from a eas of potential contamination
- fir ` { ( 'r E • f . - Nvio
b Secondary Confamrrient Schedule , A �cheduleto prvide secondary containment
far bulk storage of liquid materials, storagEof,Section' 313 of Title III of the
'Superfund Amendments and Reauthnnzat o 'ct SARA water rion
chemicals; or storage of hazard b °t ces to prevent leaks.and spills from
contaminating stormwater runoff. f th c ondary+containment devices are
connected directly to storm pater con. ance'systems; the connection shall be
_.,. III
�?
controlled by :manNally acts to . valves or other similar devices [which shall be
' ;secured !with a lock" g' e�liYailiffiu:mvisuallyob!ie�
] and any stormwater'that accumulates in the
`containriment area hall b�e atrvedfor'color, foam, out fall ,
staining; visible Bens nd)'dry weather flow, prior to release of.the accumulated
stormwater `A'A cumula ed stormwater shall be released if found to ,be
uncantam�natedlythmaterial stored within the.containment area.' Records
,..: documenttn hein'� ividual makin fhe observatiori the descri tion of the
g g P
accumulated stormwater and the date and time of the release shall be kept for a
period of fire years
c B1VIP Surnrriary. A narrative' descriprion 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 whe re necessary. The need for structural BMPs shall be
based on the 'assessmert of potential of sources to contribute significant quantities
r of pollutants.�to slo 6ter'discharges and data,collected through monitoring of
stormwater discharges.
3 Spill Prevention and Response Plan: The Spill Prevention and Response Plan (SPRP)
shall incorporate_ an assessment of potential pollutant sources based on a materials:
inventory of the facility. Facility personnel (or, #eam) responsible for implementing the
.SPRP shall be:identified.' Aresponsible person shall be on -site at all times during facility
operations that have the potential. to contaminate stormwater runoff through spills or..
exposure of materials associated with the facility operations.: The SPRP must be site ,
stormwater specif c.' Therefore, a SPCC plan, may be a component of the SPRP, but may
1n A
Part I[ ;Page 2 of 7
' Permit No. NCs000057. .
not be sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. ' . Preventative Maintenance and Good Housekeeping Program.: A preventative
maintenance program shall be. developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems:. Inspection.of material handling areas and regular cleaning schedules of
these area's be incorporated into the program
Employee Training. Training schedules shall be developed and training provided at a '
•. ,
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel invol��;;e.d in any.of the facility's
operations that have the.potential to contaminate stormwafer runoff.; Facility personnel
(or team) responsible for implementing"the traiAg hallkbe identified ;
6 :Responsible Party. -The Stormwater Pollution revention lan shall identify a specific
ppsition(s) responsible for the overall eoordmafion, development, implementation, and
revision to. the Plan. ;Responsibilities for all componeRs of the Plan shall be'docume'nted
and position assignments provided.," ,
7 Plan Amendment ;The permittee hall en t e Plan whenever there is a change in
deer n construction o erati, n,< r main ena which has a si n ificant effect on the
L .g , P � � �
."potential for "the discharge c�f p llutants to surface waters. The Stormwaier Pollution
' � Prevention Plan shall be rgviewed,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,4the permit. Within 30 days of such notice; the permittee shall
x
' submit a time scheduleto`dthe Director for modifying the Plati to meet minimum
requirements: The peimitte6 "shall provide certification in writing(iri accordance with.'
Part III; Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made:
S. - . = Facility Inspection Program: � Facilities are required to inspect all stormwater systems on:. -
at least a semiannual schedule, once in thefall (September -November) and once in the
Spring (April - June). The inspection and any subsequent maintenance activities '
performed shall. be. documented, recording date and time'of inspection, individual(s)
°making the inspection and'a narrative description of the facility's stormwater control..
- systems, plant equipment and systems. Records of these inspections shall be.incorporated
into the'Stormwater Pollution Prevention Plan.
Stormwater discharge'characteristic monitoring as required in Part Il-of this permit shall
be performed in addition to facility inspections.' _
9. Implementation: The. perinittee shall document all monitoring, measurements,
inspections and maintenance activities'and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
industrial activities, including "vehicle maintenance activities. 'Such documentation shall
Part II Page 3 of 7
Permit No. NCS000057
SECTION B:.ANALYTICAL MONITORING REQUIREMENTS
During
'the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge'stormwater subject to the provisions.of this permit.
Analytical monitoring of stormwater discharges shall be performed as specified below in Table
. All analytical monitoring shall be'performed during a representative storm event: • The required
-monitoring will result in a minimum of nine analytical samplings being conducted over the term
of the permit at each storinwater.discharge outfall.(SDO).. The permittee shall complete the
minimum •nine analytical samplings in accordance with the schedule specified below in Table 2.
Monitoring results shall be compared to the benchmark values in�Table 3. The benchmark
values in Table 3 are`no permit limits but should be ud aslgudelinesfor the permittee's
Stormwater Pollution Prevention Plan (SPPP). , The perm:' sh l"evaluate the sources of any: '
benchmark exceedances and evaluate' the effectiveness of any site BMPs.' - The permittee shall
review, and/or update the SPPP and'document any eff&b to address stormwater 'contamination.
Table 1. - Analytical Monitoring Re uirements
'4
9 Y g 4F"" r 113 3 1[ 1� i C' iM�71 r
a„, Dischar`ge
' . i� R
�
iZ R'k.
Measurement Frequencyt
iw.
I '4 , .3Yi.
�� Samples
3
Sample
�F
,i t
r<k"'�Cliaracfestics'
Unitsj
"���} Ot' M1 ",
�_,.
r
`�l;, ,i :!"�?Iuld,. _.. - ..a �����
e
fi, .-.. ..��a
3 ,.,,f .
.,kk.,.,I �.�.�r:w', I�;_ r.���x
,;;.MT e„
��Iocation3
Total Sus ended Solids
,m
, Semi-annual ly
Grab `
SDO
~
'
`
'
COD
m
Semi-annual l
Grab
SDO
Lead
m
Semi-annuall
Grab
SD
Zinc, total recoverable _m
S emi-annually
Giab ''°
SDO
Co' er,'total recoverable -': -' '
in
Semi-annuallyGrab
SDO `
H '
standard
Semi-annually
Grab
SDO
Total Rainfall
�, inches
Semi-annually-
=
Rainfall Event Duration
minutes '.
Semi-annuall
F,....... u..jll•*A:r.�f 1fvi
Monitoring period{Sample
M_`,� { tl:'4E:
Number,
11�41x i1'd j.. _-.:[i �f` >r.'...[y{Yij Y5 fi�
-I�:tStartuiia�fk,,.,.a l
p�i k��'4 [If hfki": ' r .i -:��K S f;-.
��.,? W�,ii Endf ili-i , 3 ;
i� r3.:: l..
Year 1 - Spring';�� '
1
`April,l; 2006 ;' .
�.: June 30, 2006).
Year l =Fall :..:'=.=.:2
' ' .,
September 1, 2006 ' :
� :November 30, 2006 .`=.
Year 2 =Spring
3 ; ::
April 1; 2007
June 30, 2007 .>; '
Year 2 ' Fall . `
4
== September 1, 2007 .
November 30, 2007
Year 3 -Spring":;..
5 <.;
,,April 1, 2008
'-June 30, 2008
Year 3, FaII
6 _ '
..'September 1, 2008 ..:
:' November 3.0, 2008
Year 4 -Spring
: 7
;April 1,2009
:: June 30"2009
Year 4 -Fall
; 8 .':.: , ' ' ;
= :: September 1, 2009 �.:
<::November.30, 2009,
Year 5 —'Spring '
9'April
1, 2010
-'s Jurie 3Q, 2010
1' 00�71 OiC 3 k f
u `
Maintain semi-annual monitoring during permit renewal process` } ,
1' `I
' Table 3. Benchmark Values for`Anal tical onttorin
i 5ibil{i �irov+.l 4k ��'' S R�r ! i{q
€ Discharge Characteristie&
5 i j {' 114 �� { 1 � �� i
`I Units `,ny
d �,`N k
� �z Benchmark l
� ,
�_`, � �i
k
Total Suspended'Solids'
:m' kM1
t�' '' 1�0, {
' `
COD
m
120
_
Copper, total recoverable
m x
0.007
Lead F
m
0 034 : , }
nS/
Zin `total recoverable
g/L m
., :0067
PH.., <,
standard
} " 6 9
A l F S
, J V
This s1 e discharges to•impaired waters :experiencing problein5 with'fecal coliform and turbidity
if a Total _Maximum Daily Load (TMDL) is approved for this segment of Rocky River, the':
Permittee maybe required to'monitor for, the; pollutants) of concern in the future and submit 5
results to the.Diviston;of Water Quality The Division will'consrder the monitoring results m
determining whether additional BMPs are•needed o control the pollutant(s) of concern to the ,
maximum "extent practicable r
If additional 13MO 'are ne%eded to achieve the required level of control, the Perrnittee will be
re wired to- 1 develo a strate � for im leirtentin appropriate " BM Ps and (2) submit a'timetable
q (}: p gY p, g
for.incorporation ofthose BMPs into the permitted Stormwater Pollution Prevention Plan
SECTION Cc -QUALITATIVE MONITORING'REQUIREMENTS
,Qualitative monitoring requires a visual inspection of each stormwater.outfall regardless of
representative autfaIl status;and shall be performed as specifed.below in Table 4. - Qualitative
,`
monitoring is'for.the purpose.of,evaluating the effeciiveness'of the Stormwater Pollution
f
Prevention Plan (SPPP). and assessing new sources of stormwaier'pollution.' No analytical tests =
Part 11Page 6 of 7
`III 1�aP
'D�scharge,,Characteristics,�;
�t a :i.' ° ,.rt a'4. .firs
R.H 4' -T . k4 .1M11'9i 1p�1[{
�3� �^��Frequency�
��"M .D, _� ";n .c�
II.. 41..�....VJ :ri'Flq
:I�OCat101!
Color.
Semi=Annual{SDU
Odor
Semi -Annual .
',�SDO<
Clan m ;
Semi -Annual`
Floating Solids,
Semi -Annual;
/.�SD�
Sus ✓ended Solids ..
Semi -Annual..
r` ' SDO ,
Foam
emi-Annual
Oil Sheen
Semi Ann W;
SDO '
Other obvious indicators
of stormwater' pollution%
Semi Annual . .
SDO , 't;
i., k 60tnOteS w Y
l! a. .
Monitoring Location: Qualitative monitoring shall be performed at each stormwaterdischarge outfall (.SDO) ;F
regardless of representative outfall status."
SECTION D..ON-SITE VEHICLE_ MAINTENANCE MONITORING" REQUIREMENTS
Facilities'whichhnve any vehicle'Imaintenarice activity occurring on -site, which uses' more than SS
galloi's of new motor oil per: month when averaged- over the calendar'year'shall perform
analytical monitoring as specified below in Table'5._ This monitoring shall be performed at all
outfalls which discharge storm_ water'runoff from vehicle maintenance areas:'
All .analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of1. nine analytical samplings being conducted over•the term
' of the permit at each stormwater discharge outfall (SDO) which discharges:_stormwater runoff
Trorri vehicle maintenance areas The permittee shall complete the minimum nine analytical
samplings in accordance with°the'schedule specified'in Table 2 (Section B).
Monitoring results shall be compared to the benchmark values in Table. 6.. The benchmark
values in Table, 6 are not permit limits_ but should be used as guidelinesfor the p6' ittee's ; :
Storm ter Pollution Prevention Plan (SPPP) ,Thepermittee shall evaluate the sources of any
' Part II Page 7 of 7
...., §Y .,.S,"'"..FIB: .d.,.. 1(l.' G-.''?4�Sl !E
Discha-rg; Character�st,cs
'4Erf9f
-kv p1,{ .
?`� z4'%� -t f"�{� iIlNllihf
� E iJn�ts
r stbiE�+3
�Ij .;, i,l tPfE'4` "xJ IHI}Y� t t
ElVieasurement �r
K111
E,
�` !c1 Ea" >"
i Sample
ii`.Trl
�,U SamTNlle '''
,i
h�F,,r .alix1rfL ;-, kr�£.'irFay4!'{idP,1.NTw�
(� :w; q"ltr
!'�fn'.?i��_df2} , a. MUM'
wi.i7��°[
I
7M
lt:k��!.
i� k6i „�,;
`�,-��
.spa �v.,..{f~S
x il
. ul ik3- �N
F're uenc rEf
.�, s..
Fy
tT e2,.°.i°:
f..
�rLocat�on3El�
�, -
H
standard
Semi-annually
Grab
SDO
Oil and Grease '\'
m ]
Semi-annually
Grab
SDO
Total suspended Solids
m 1
Semi-annually
Grab
SDO
New Motor Oil Usa e '"
alloris/month
Semi-annually,,
Estimate
.
Total Rainfall
inches
Semi-annually
.:�
Rainfall Event Duration''
: minutes
Semi=annually
.
x '
! Footnotes
..
,1 -Measurement Frequency ;,All analytical monitoring will be per' o n�ed,twici per year, once in 4ring (April,-
June) and once in the fall (September November) ; See Tabl,� 2 (Section B) for schedule of monitoring periods
S 7 if the stormwater runoff is controlled b a stormwat. r det ntio Fond a' ab sam le ofthe dischar a from the
and shall be collected within'the first 30 minutes o dis ar e. If the detention and dischar es`onl in response,
s P. tf a r A g. y. •.
to a storm event exceeding'a ten' ear design storm, theRn analytical monitoring is required and only qualitative
monitoring shall be performed a y t
3 Sainple Locatton.. Samples shall be collected each stormwater discharge out all (SDO) that discharges
stormwater runoffm froarea(s).w ere vehiel'inantenance activitiesoccur
t °�
Table 6. Benchmark alue•s _or Vehicle Maintenance•Anal•tical Monho` ri n' x
r
•5
J Hai! "§'a.ikJ ,hkArl i S.C>:�� iE A>H' E k'xt q, '�
#kD�stharg�Characterrsttcsa;��IUnftsl',3'
! I A I I' r
ll 1 p',; L?F''' e` iillb4?E3 ?, ei KI
tdrrBenchmarku��""
l
Total Suspended Solids
°s :` rng/L ` ':
=100
Oil and Grease
mg/L
k 30 ` 4
PH
standard
6 ; 9 .,
Part II Page 8 of 7
Permit No. NCS000057 .
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1 Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in'
accordance with the following schedule:
Existing Facilities The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date. of the initial permit and updated thereafter on an annual basis..'Secondary.;
containment, as specified in Part II, Section A; Paragraph 2(b) of this permit, shall be accomplished within
Y I2 months of the effective date of the initial permit issuance
Proposed Facilities: 'The Storm' 'water Pollution Prevention Plan shall,be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part H, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of discharges from the operation of the industrial activity.
. 2 Duty to ComQly':
. ,
s The permittee must comply with all candition�� of this individual permit Any,permit noncompliance y
_ constitutes'a violation'af the.Clean Water Act and is grounds for enforcement action; for'permit
termination, revocation and reissuance, or modification, or denial of a permit upon renewal application
a --,,The permittee shall comply with standards or prohibitions established under section 307(a) of the.:,
Clean Water Act for toxic pollutants within the time provided in the regulations, that establish these
standards or prohibitions; even if the permit has not yet been modified to incorporate the
7 requirement
b -The Clean Water Act provides that any persori who violates a permit candrtion is subject to a civil
penalty not to exceed $27,500 per day for each violation.,Any'person who'negligently violates any
' permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than' 1 year, or both. - Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both: ;Also, any person who violates a permit condition
may be'assessed an administrative penaltynot to exceed $11,000 per violation with the maximum
amount not to exceed $137,500. [Ref: Section 309. of the Federal Act 33 USC 1319 and 40 CFR .
122.41
' c. . Under state law, a daily civil penalty of not more than twenty-five 'thousand dollars ($25,000) per
violation may be assessed against any. person who 'violates or fails to act in accordance with the
terms, conditions, or requirements of a pemirt. [Ref: North Carolina General Statutes 143 F
215.6A]
d.. : Any person may be assessed an administrative penalty by the Director for violating section 301, '
. i 302, 306, 307, 308, 318, or 405 of the Act; or any permit condition or limitation implementing any
of such sections in a permit issued under'section 402 of the Act, .Administrative penalties for Class
I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000
_ = per day for each day during which the violation continues, with the maximum amount of any Class
II penalty not to exceed $137,500. -
Part 11I Page 1 of 8 Pages ;
}
'i - '`� I"
' - Permit No. NCS000057
r (. - t { . a 1 r o- ..
3 .".Duty to Mitigate s '
The permittee shall take all reasonable steps to minimize or,prevent any discharge in violation of this' '.
` individual permit which has a reasonable likelihood of adversely affecting human.health or the environment.. ' • .
4 Civil and Criminal Liability
11.
Except as provided in Part III,'Section C of this permit regarding bypassing of stormwater. control facilities,
. nothing in This individual permit shall be construed to relieve the permittee from any responsibilities, `'.
liabilities, or penalties for. noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143
215.6C or Section 309 of the Federal Act, 33 USC 1319.. Furthermore,.the permitte6 is responsible for
consequential damages; such as fish lolls; `even though the responsibility for effective compliance m be . r
temporarily suspended "v ; - ., , 1
5 Oil and Hazardous Substance Liabi gy, r > /
Nothing in this individual perm t�shall be construed to preclude the institution of any legal action or relieve' -,
the permittee from any"responsibilities, liabilities, or penalties to which the perrriittee is or may be subject to '
under NCGS. 143-215 75 et seq. or Section 311 of the Federal Act; 33 USC 1321
r -. •r a r a , -f
6 Property Rights F f r .
s x.- r' p } a
The issuance of this, individual permit does'not convey any property rights m either real or personal ' r.
property, or any. exclusive privileges;''nor does it authorize any,injury to private property.or anyinvasjon of i; ,
personal rights, nor:any.infringement of Federal,,State or local laws or regulations. '
r 7 - Severab�lltV - ` " ' !,, ' ' ' ,
_ The provisions of this individual permit are severable, and if any provision of this individual permit, or the
I.I
application of any provision'of this individual permit to any circurnstances;Iis held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
,• a
thereby
r '' s i
'3 -,, "-I_,Sl
8 Du to Provide Information S s ' sY r
The permittee shall furnish1to the Director, within a reasonable time, any information which the Director hi
.mayrequest to determine whether cause exists for modifying, revoking and reissuing, or terminating the t.; 4
'` permit issued pursuant to this individual permit onto determine compliance with this individual permit. The
permittee shall also furnish to the Director. upon request, copes of records required to be kept by this
individual permit `
}, ',
9 ` Penalties for Tam' erm f r
p g _; , j
, , L, , ''
The. Clean Water Act provides that anyperson who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $1.0,000 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
'
.' s.
10 Penalties for Falsification of Reports `
The Clean Water Act provides that any person who knowmgIyinakes any false statement, representation, or.
certification,in any record'or.other document submitted or required to bemaintained under this individual -
'3' ., x
-Part III Page 2 of $Pages .
Permit No. NCS000057
t ! 1 f ..a
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
0erviolationi,orbyboth.'t.
SECTION B: GENERAL CONDITIONS.. '
Al.
1 "{ Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond',the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested_renewal at least 180 days prior to expiration; or any permittee that does not.:..' •; `
have a permit after the expiration and has not requested renewal at least 180. days prior to expiration, will be
' subjected to enforcement procedures as provided in NGGS § 143-2153.E and 33 USC 1251'et. seq.
2 Transfers S
'.This peris not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act:. Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
} 3 Signatory Requirements
'All applications, reports, or information submitted to the Director shall be signed and certified
a All applications to be covered under this individual permit shall be signed as follows
For a corporation: yby 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.corporat16h m charge of a principal business function, or any other person who
performs similar policy or decision making"functions for. the corporation, or (b) the
manager of one•or more manufacturing production or operating facilities employing more
'than 2$0 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
�.
(2)' ` For a partnership :or sole proprietorship:- by a general partner or the proprietor,
respectively, or r`.; _
(3) For a municipality, State, Federal, or other public agency:.by, either a principal executive
officer or ranking elected official.
b.. All reports required by the individual permit and other information requested by the Director shall ,
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) , The authorization is made in writing by a person described above;
i
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager; operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
Part Ill.Page 3 of 8 Pages . '
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. Permit No NCS000057 '
, .
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matters for the company.'(A'duly authorized representat y five ma thus be either a named
individual or any individual occupying a named position.); and '
.r ..
{3) The written authorization is submitted to the Director � '
. ,'
c :Any person signing a document under paragraphs a or ..'.b..�..I
: of this section shall make'thi following
".certification ° t
X
w a ", ". .i,. k ., r %r
"I certify, under penalty of law, that this document and all attachments were prepared under my
k direction or supervision in accordance with asystem designed to assure that qualified personnel :;- '
�:
x . , properly gather and evaluateinformation the Based on my inquiry of the person or
"' I persons who,manageahe system, or those persons directly responsible for gathering the,;':
_; � `. '. information the information submitted is to the best of m , knowledge and belief true accurate
Y g ,
and complete. I am aware that, there are significant penalties for submitting false information,
including the possibility` of #fines and imprisonment for knowing violations ", ;
't. .{
tJ
4 I Individual Permit Modification*Revocation and Reissuance, &'.Termination `,
r_ ti ." I I ^ T 7 1- . 4 U' f�� '' y r h
.' S f `i i '",: ; '. r.•. ": :... .. ,.. I'- 1 ..i ,.. . L. �.. .-. ,
The issuance ofthis individual permit does not prohibit the Director from reopening and modifying the :
-; individual permit, revoking and reissuing the individual permit, or terminating the individual permit as '
.alIpwed.by the laws, rules, "and regulations;contained in Title 40, Code of Federal Regulations, Parts 122,
"' "arid 123; Title l SA of the North Carolina Adrriinistrative Code, Subchapter 2H .0100; and North Carolina - V
' General Statute 143-215.1 et al.
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y .�. ,� 1 ; g I { t } i1, 1 f
K J s.
5 �� Permit Actions s
s, 'r r d Lr ; rs Yc,' r' r�
t The permit may be modified, revoked and reissued, or terminated for cause .The notification of planned •; `
i changes or'anticipated noncompliance does not stay any individual permit condition ` r
. ,'
r , . s a ,
! P , r. -S }4 • } r L + } I- i it .� '
SECTION C; OPERATION AND MAINTENANCE OF POLLUTION CONTROLS u a
r.
r t �, s
1 '. Pro %er O eration and i e '<` r ' e` _ `� Ma nt nance . k t ,• i
♦ A y ; r , x L �
The permittee shall at all times properly operate and maintam�all facilities and systems oPtreatment and ,
control.(and related appurtenances) which are installed orused.by the permittee to achieve compliance with #
r , .... ;
the conditions ofthis individual permit. Proper operation and maintesance'also includes adequate ,:•
..
.: laboratory controls and appropriate quality assurance procedures. This provision requires the.operahon'o£ u
. back-up 'or auxiliary facilities: or similar systems which are installed by a permittee, only when the operations
is necessary to achieve compliance with the conditions ofthis mdividuat permit
!, ;. h it '9 :k r ' I 1 - 5 r '.ti, f- _ .,i -r` ,
> ' 2 F Need to Halt or Reduce Nona Defense v k
`F ,
It shall not be a defense fora permittee in an enforcement action�that it would have been necessary to halt or ' '
reduce the permitted activity in order to maintain compliance with the condition of this individual permit
3 Bypassinf Stormwater Control Facilities
.. , s ' 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 alteniatives'to the bypass, "such as'the use of auxiliary control facilities,;. .
retention of stormwater or maintenance during normal periods of equipment downtime or dry .
I i.
fart III Page 4 of 8 Pages Y
` , $ :
. ., • . .
Permit No NCS000057
1.
weather.'This'condition-is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineeringjudgment to prevent a bypass which occurred during normal
" periods of equipment downtime or preventive maintenance; and,
c The permittee submitted notices as required under, part III, Section E of this permit. ,
If the Director determines that it will meet the three conditions listed above, the Director may approve an '-
anticipated bypass after considering its adverse effects.
SECTION Di MONITORING AND RECORDS }
1. s' Representative Sampltn 2 '
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature. of the permitted discharge. Analytical sampling shall be performed during a representative storm:,
event. Samples shall be taken on`a day and time that is characteristic of the discharge: All'samples shall be
taken before the discharge' joins or is diluted by any other waste stream, body of water, or substance `
Monitoring points as specified in this permit shall not be changed without notification to and., approval of
the Director. k ,
r ;: 2 Recordma Results ,
'_ c
s For each measurement, sample, inspection.or'maintenance activity performed or collected pursuant to the
requirements of this. individual permit, the permittee shall record the following information
a a -The date, exact place, and time of samplhig, measurements, inspection or maintenance activity, 1
b The individual(s) who performed the sampling measurements, inspection or maintenance activity,
c The date(s) analyses were perforri ed,
d The individual( s) who'performed the analyses,
a e ° 1.r The'analytical techniques or methods used; and
f The results of such analyses
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent, with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability'of measurements of the volume of '
monitored discharges
4 _ ' • X 1 , ,, F by i ' , V a � S
4 Test Procedures
Test procedures.for the analysis of pollutants shall conform to the EMC regulations published pursuant to,
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
:to Section 304(g), 33, USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136:
To meet the intent of the monitoring required by this individual permit, all test 'procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum _
detection or lower reporting level of the procedure. .
_ ' ' Part 11I Page 5 of 8 Pages
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Permit No. NCS000057
.;
4 , 1 ,' i, -t 'f f -
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 perrittee i granted
.':. representative outfall„status, then sampling requirements may be performed at a reduced�number of outfalls
:"'; ti; ,
'6 Records Retention x - _
Visual n, niii ring's11 be documented and records mainfained at the facility along with the Stormwater ''.
Pollutton Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records 'of all monitoring information;. including all calibration and maintenance
1:' records and all original strip chart recordings for continuous monitoring instnimentation; and copies of all
5- ', -reports required by this individual permit for .a"period of at least 5 'yea'rs from the date of.the sample, ' - ,., '
measurement, report or application.. This period may be extended by request of the Director.at any time
'1 a ` f 5, 1
:, 3 - , r
7 Insp�ct>on and Entry H `
r ° -
' " 'The perittee 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 ttirough.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, t0, r 'i r r Yt �.. t
a Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept uader'the condrt�ons of this mdrvidual perm,[,
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b Have access to and, copy, at reasonable times, any records that must be kept under the conditions of
this individual permit ,, r ,. . ''
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c Inspect at reasonable times any facil►ties, equipment (including monitoring and coptrol equipment),
r ,. practices, or operations regulated or required under this individual permit; and ` -
s - , ! t !
` d , , Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
S t y or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. `
` C -i :-t ,} :.•.1 - }. T 'r t � 1 3 f ,! `r 1 S .fit r 7 1, [ ',y , 1
1
SECTION E: REPORTING Rt.
F
1 Discharge Monitoring Reports j- .
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41-
,,
✓ ` 'S ih
'Samples analyzed in accordance with the terms of this permit shall be submitted fo the Division on
;.t�. Discharge, Monitoring Report forms provided by the Director,Submittals shall be'received by the Division .
no later than 30 days from the date the facility receives the sampling results from the laboratory
2 ' Submitting Reports
,>
{, ,
,.
, ''
-: ':- ` •' ..I •', •: ,:. .' y`:.,• - '::. 111 .41 ;c•. .. :'y'- r; _ ... - 1 : } -' „may 1'.
r: Duplicate signed copies of,all reports required herein, shall be submitted to the following address:;
-F
. Division of Water Quality
' ,Water Quality Section
a ATTENTION: Central Files
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r' 1617 Mail Service.Canter `':'
Raleigh, North Carolina 27699-1617 ! s
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Part 111 Page 6 of 8 Pages `
Permit No. NCS000057
3 Availabili of Re orts
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be. available for,public inspection
:h
at the offices of the, Division of Water Quality: As required by the Act, analytical data shall not be '
,..considered confidential., Knowingly making any false statement on any such report may result in the .
imposition of criminal penalties'as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4 Non -Stormwater Discharges
If the storm event monitored m accordance witfi this.individual permit coincides with.a non-stormwater
discharge, the permitter shall separately monitor all parameters as required under the non-stormwater
-' 'discharge permit and provide this information with the stormwater.discharge monitoring report. +
.5 1 Planned Changes
,The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
r - facility which could significantly aher_the nature or quantity of pollutants discharged., •This notification ` •.
.::.t requirement includes pollutantswhich are not specifically listed in the individual permit or, subject to k,
,. 'notification requirements under 40 CFR Part 122.42 (a).
6 Anticipated Noncompliance
Tl el.pe,rmittee shall give'notice to the Director as soon as possible of any planned changes at the permitted
i facility which may result in noncompliance_ with the individual permit requirements.
5 ByRaSS
a _, Anticipated bypass. If the permittee knows in advance of the need or bypass; it shall submit
' prior notice, if possible at least ten'days before the date .ofthe bypass;'including an evaluation of
the anticipated; quality: and affect of the bypass,.': 1 z'
b Unanticipated bypass The permi•ttee shall submit• notice within 24 hours of becoming aware of an '
> `F `unanticipated bypass j: a
8 Twenty four_l our Reporting <
. The perm tee shall report to the central office or the appropriate regional, office any noncompliance wlhich
...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 cont inue;'and steps taken or planned to.reduce, eliminate, and
{ '..prevent reoccurrence of the noncompliance.
The Director may waive the written report onVarase-by--case basis if the oral report has been received
within 24 hours
" 9 Other Noncompliance
,The 0&mittee shall reportall instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted..
Part III Page 7 of 8 Pages -
4 ` F ;" Y 'Permit No: NCS000057 I ,
+ .L i 1 - f f 1 1 1 i
10 Other Inforri�at�on ' i
,• _ > Where the permittee becomes14 i-e�that it failed to submit anyrelevant facts in an application foran:
individual permit or in any report to the Director, it shall promptly submit such facts or information
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' _, ' l• '
'` Permit No. NCS000057
1- �.,:I:'.�2 --.`
:..'�:.s ���.I.. '. -
5 B ass .,
A Bypass is the known diversion of stormwater from any portion of a stormwater control facilityincluding
` the collection system, which is not a designed or established operating mode for the facility .
6 Bulk Stora eg of Liquid Products s
Liquid raw materials, manufactured products, waste materials or by-products with a single aboveground
i"storage container having a capacityof greater than 660 gallons or with multiple above ground storage - t -
containers located m close proximity to each other having a total combined storage capacity of greater than
�' t f '19320 gallonsi.
7 Clean Water Act 1'• 1
r 1 c
,„: , f '
Tlie Federal Water Follutton Control Act, also known as the Clean Water Act (CWA), as amended, 33
i
r USC 1251,et seq " ' A rti r r
8 Mis'lontor DWO "4
' �, �, 5 f ! -''
, n. •.'�-
" The Division of Water Quali De artmenrof Environment and Natural Resources
, _ F
i ;, !
:.r w ° �4 r a �,:� 1, A J .r * a
4 Director y '.
The Director of the Division of Water Quality, the •permit issuing authority.
The North Carolina Environmental Management Commission ' `
11 ', Grab aarn� , { J
_: r.T a ;F = _ ��' i ' ,� ;.i {� ,�. 2! t ,. _, i`I' E' ` t ` 4- - i •_
,, An individual sample collected msfantaneously.'. Grab samples that will be duectly analyzed or qualrtatrvely
I.
.monitored must be. taken within the first 30 minutes of discharge -'� : - `i
i ] i f , 1 'r 4 IS Y/ \
12 ,Hazardous Substance
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Any substance designated under 4p CFR Part 116 pursuant to Section 311 of the Clean Water Act.
` .. T ,,w r x
13 Landfill _' `
:: .. r
' a �� 3`
{ A disposal facility or part of a disposal facility where waste is placed m`or'on land�and which is'not a land
treatment'facility, a surface impoundment, an injection well, a hazardous waste long-termstorage facility or
, a surface storage facility .-, k ; t -` , ^ ` ' ,,.
14 ,Municipal Separate Storm Sewer System
, .
A,stormwater collection'system within an incorporated area of local self-government such as a city or town
S
15 Overburden ; '
" Any"material of any,
nature,±consolidated or unconsolidated, that overlies a mineral depo"sit, excluding ," `;.
i ' topsoil orsimilar naturally -occurring surface materials that are not disturbed by mining operations.
{
' } ` 1` t 1 , , E i\ J. 1
r : Part VI' Page 2 of 5 Pages f
i, -`
. .
Permit No. NCS000057
,t16 Permittee
The owner or operator issued a permit pursuant to this individual permit
17 Point Source Discharge of Stormwater `
MyYdiscernible,mconfined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters
of the state.
18 Representative Storm Event
' A storm eventthat measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater.thanA I inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any`'collectable discharge, and then r
stops, a"sample maybe collected if a rain producing a discharge begins again'.within the next 10 hours.
19 Representative Outfall Status
`•-. =When it is established that the discharge of storm' ater runoff from a single outfalt is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status Representative "outfall s
status allows the permittee to perforrri analytical monitoring at a reduced number of outfalls.''.
20 Rinse Water Discharge
•_ •�- - - �, �- .� _ .,,cry ? •: ••". - ". F .-' .t 4 '
u The discharge of rinse water from equipment cleaning areas associated with industrial activity ' Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters'`
i utilizing any type of detergent or, cleaning agent
+^ 21 Secondary Containment '';
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm,event
22 Section 31.3 Water Priority Chemical
s,
A chemical or chemical category which
a [s listed id4D CFR 372.65 pursuant to,Section 313 of 1 itle III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right
to. Know Act of 1986;'; s:
b Is present at or above threshold levels at a facility subject to SARA title I1I, Section 313 reporting
requirements; and i`
c That meetatleast one of the following criteria.."
(1) Is listed in Appendix D of 40 CFR part 122 on either Table I1(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, 6i..;
(3)• Is a pollutant for which EPA has published acute or chronic water quality criteria
Part VI Page 3 of 5 Pages
f r
j Permit No NCS000057
! _' ` .
�.�..�.:�-.4,_���,�,,. ,,,. :�,�i ,
23 Severe Pro a Dama e J L`
.. .; ,; .
Means substantial physical, damage to property; damage, to the control facilities which causes them•to .. ,
'•` 1 become inoperable,,or substantial and permanent loss ofnatural 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 { . .
24 Significant Materials y.
s,
., : c " ;
Includes, but is not limited to raw materials, fuels; materials such"assolvents, deteigents,'and plastic
, pellets; finished materials such as metallic products; raw inaterials used in,food processing or production;', 1.,..
':: ,hazar1.dous substances designated under section_ 101(14) �of CERCLA; any'chemical the facility is required to
'4 :_. 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 wi6stormwater discharges 'r %
...1 }�, _, 4q.. V ,
25nificant Spills k 'i, s f r ls " L j
"s f :. .
r, x ' Includes, but is not limited to releases of ail or hazardous substances in excess wof reportable guantit�es
% under section 311 of the Clean Water Act (Ref: 40 CFR.110.10 and CFR 11701) or section 102 of , r;'
y 7, V f !- i f f 2
CERCLA (Ref 40 CFR 302 4) ' S Mua zd f y 3:� v
S t S
' ,iis26 StUilnwaterRunoff ' - '• -,r _ . ,'r ` - { 4,.+', ` f,' ^t
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt h ` ' 5, f,. Y L f I j .i L 1.
F
�= f 1 - f 5..,.
' _ , S
y 27 Stormwater Associated with Industrial Activity i' �' ,
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 ari industrial site:, Facilities "
+ considered to be engaged in""industrial activities" include those activities de,fined.in ,40 CFR 122.26(b)(14)
w The term`does not include discharges from facilities or activities excluded from the NPDES program v
r
28 Stormwater Pollution Prevention Plan } f'4 n �,I L
r' t 1 a { 1 .5 4'.
._ '� '� .r ' n ..t r}
.• , `:,..FA compreIII ive site-specific'plan which details measures and. practices to reduce.stormwater'poflut�on and
, is based on an evaluation of the pollution potential of the site'.
r „{ ¢ }1 -' S E� ' V y �,'P i ryQ 1r _v 5r 1 ` v,. 1
29 Ten Year Desi n Storm r < t
;'
'. I . imum.24•hour precipitation event expected to be equaled or exceeded on the'average once in ten'
;' years: Design storm information can be found in the.State of North Carolina Erosion and Sediment Control ' J s ,"',
Planning and Design Manual '
, I` s
r
'�
30 Total Flow '
The flow'correspondmg to the time period over which the'entire storm event occurs .Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the , � .
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the 7 ( .A;'
, measurement of flow at 20 minute intervals during the rainfall event ;, .:.
' ', kh s ' I o r r': 1. �s
L- A _ a _ -
l ..iI x ;F ' -q.. - '
/! '� } ! i'
u , ;t - , r t rr
V
Part VI Pagc..4 of 5 Pages
,
.. •
W
0 Y
H.B. Howie, Jr.
CSI Chemical Specialties, Inc.
PO Box 1330
Harrisburg, NC 28075
Dear Mr. Howie:
Michael F. Easley, Governor
William G. Rosslr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 3, 2004 t
Subject: NPDES Permit Renewal Application DEC 0 8 2004
Permit Number NCS000057
Individual Stormwater Permit
Cabarrus County
The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal
application for coverage under NPDES Permit Number NCS000057 on June 28, 2004. The submitted renewal package
contained the following items:
➢ Signed application
➢ Site map
➢ Analytical monitoring results summary
➢ Visual monitoring results summary
➢ Best Management Practices summary
➢ Narrative describing significant changes at the permitted facility
➢ Signed Stormwater Pollution Prevention Plan certification
A preliminary review of the submitted renewal application package has been conducted, and it appears to be complete. No
further information is required at this time. If you have any questions about the renewal process or would like to discuss this
letter, please contact me at (919) 733-5083, extension 537.
Sincerely,
�lv�t,,A ` 1yL—
onathan A. Diggs
Environmental Engineer
cc: Mooresville Regional Office
Stormwater Permitting Unit
Central Files
t
Carolina
urally
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 1-877-623-6749
An Equal Opportunity/Affirmative Action Employer — 50% Recycled1100/6 Post Consumer Paper
i ►r
Permit No. NCS000057
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ,,-e'r,.0 y �1i
DIVISION OF WATER QUALITY
PERMIT o 5 1999
TO DISCHARGE'STORMWATER UNDER THE A
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTE0.1k�
In compliance with the provisions of North Carolina General Statute 143-2154-, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Manage entCommission, and the Federal Water Pollution
Control Act, as amended,
,
Chemical SDecialties; Inc.
is hereby authorized to discharge stormwater from a facil
to receiving waters desigr
the discharge limitations,
This permit shall become effective
ni61 SpSZialties, Inc.
IO Pt ft Mill Road
%I Harrisburg
Cabarrus County
i class C stream, in the Yadkin - Pee Dee River Basin, in accordance with
and other conditions set forth in Parts I, II, III, IV, V and VI hereof.
This permit and the authorization to discharge shall expire at midnight on =` zzTTTZTTT='.
Signed this day TTTTTTTTTTTT•
for Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
11
Permit No. NCS000057
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III
STANDARD CONDITIONS
Section A:
Compliance and Liability
I. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B:
General Conditions
1. Individual Permit Expiration
2. Transfers
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
Section C:
Operation and Maintenance of Pollution Controls
I. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D:
Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Y
Permit No. NCS000057
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Bypass
8. Twenty-four Hour Reporting
4. Other Noncompliance
10, Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VI DEFINITIONS
Permit No. NCS000057
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited
and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface
waters of North Carolina or separate storm sewer system which has been adequately treated and managed in
accordance with the terms and conditions of this. individual permit. All discharges shall be in accordance with the
conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater
discharge or is covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state,
or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
Permit No. NCS000057
SECTION C: LOCATION MAP
574
7 922
'Soc
-qy
67
x 600
W
Lakes
I c
lie
65i
p i
Zv-
(I T16 1) q
A
0 . /h
Part I Page 2 of 2
Permit No. NCSO00057
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan
shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of
this individual permit. The Plan shall include, at a minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant
sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall
contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters, the name of
the receiving water(s) to which the Stormwater outfall(s) discharges, or if the discharge is to a
municipal separate storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process
areas, dust or particulate generating or control processes, and waste disposal practices.
(c) A site map drawn to scale with the distance legend indicating location of industrial activities
(including storage of materials, disposal areas, process areas and loading and unloading areas),
drainage structures, drainage areas for each outfall and activities occurring in the drainage area,
building locations, existing BMPs and impervious surfaces, and the'percentage of each drainage
area that is impervious. For each outfall, a narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3
previous years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the requirements found
in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of
the materials management practices employed which control or minimize the exposure of significant
- materials to stormwater, including structural and nonstructural measures. The stormwater management
plan, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material
handling operations, and manufacturing or fueling operations. In areas where elimination of ,
exposure is not practical, the stormwater management plan shall document the feasibility of
diverting the Stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage
of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to
prevent leaks and spills from contaminating stormwater runoff_ .If the secondary contairtmP! t",-
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
Part II Page I of 5
Permit No. NCS000057
minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow,
prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found
to be uncontaminated by the material stored within the containment area. Records documenting
the individual making the observation, the description of the accumulated stormwater and the date
and time of the release shall be kept for a period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs)
to be considered such as, but not limited to, oil and grease separation, debris control, vegetative
filter strips, infiltration and stormwater detention or retention, where necessary. The need for
structural BMPs shall be based on the assessment of potential of sources to contribute significant
quantities of pollutants to stormwater discharges and data collected through monitoring of
_ stormwater discharges. - - -
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an
assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel
(or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site
at all times during facility operations that have the potential to contaminate stormwater runoff through spills
or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific.
Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address
the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be
developed. The program shall document schedules of inspections and maintenance activities of stormwater
control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning
schedules of these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at a minimum on an
annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all
personnel involved in any of the facility's operations that have the potential to contaminate stormwater
runoff. Facility personnel (or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s)
responsible for the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction,
operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to
surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis.
The Director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the
Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in
writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the
changes have been trade. a •. ; ..•s..:.� -_ =Y.., .�>' . _
8. Facility Inspection Program. 'Facilities are required to inspect all stormwater systems on at least a
semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The .
inspection and any subsequent maintenance activities performed shall be documented, recording date and
time of inspection, individual(s) making the inspection and a narrative description of the facility's _
stormwater control systems, plant equipment ary _, .1ems-Records of these in p bons shall be
incorporated into the Stormwater Pollution Prevention Plan. .
Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in ,
addition to facility inspections.
Part II Page 2 of 5
Permit No. NCS000057
9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance
activities and training provided to employees, including the log of the sampling data and of activities taken
to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater
discharges shall be performed as specified below in Table 1.
All analytical monitoring shall be performed during a representative storm event. The required monitoring will
result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater
discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the
schedule specified below in Table 2.
Table 1. Analytical Monitoring Requirements
' vt M D>schaige � ,` ;r „� , t a
�Characteristtcs`: a, ;
Ate,.
a�F
., Units *e
6 Measurement �f
.. Fre uenc 1 ���`
'0 P
Sam le
2 f
. , T e 4 E;
, p { ;
'°Sam le
`3
...:Location
Arsenic
mg/1
Quarterly- 4"' year
Grab
SDO
Chemical Oxygen Demand
mg/1
Quarterly- 4'h year
Grab
SDO
Chromium
m I
Quarterly- 4 h year
Grab
SDO
Copper
m I
Quarterly- 4'h year
Grab
SDO
Lead
m I
Quarterly- 4'h year
Grab
SDO
H
mg/1
Quarterly- 4`h year
Grab
SDO
Total Suspended Solids
mgjl
Quarterly- 4'h year
Grab
SDO
Zinc
mg/1
Quarterly- 4`h year
Grab
SDO
Total Rainfal14
inches
Quarterly- 4`h year
Event Duration4
minutes
Quarterly- 4`h year
_
Total Flow4
MG
Quarterly- 4'h year
_
SDO
Footnotes:
I Measurement Frequency: Once per quarter during the 41h year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
- outfall status has been granted.
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
Part II Page 3 of 5
Permit No. NCS000057
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.
Table 2. Mnnitarine schedule
Monitoring period
Sample Number
Start =
End
Year 4 - ? quarter
1
November 1, 2002
January 31, 2003
Year 4 - 2nd quarter
2
February 1, 2003
April 30, 2003
Year 4 - 3`d quarter
3
May 1, 2003
July 31, 2003
Year 4 - 41h quarter
4
August 1,-2003
October 31, 2003
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual in of each stormwater outfall regardless of representative outfall
status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating
the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater
pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be
performed during a representative storm event.
In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the
suspected cause of the condition and any actions taken in response to the discovery. This documentation will be
maintained with the Stormwater Pollution Prevention Plan.
All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall
(September - November).
Table 3. Oualitative Monitorine Reauirements
r
Dr �s'c.t asr.g. Cs h:aracei
`Y Dtraet .q.+ ui en"c1,y. iJ,C
' _M.,oni— t- o{r' '4n
W g
Locahon1,.:
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Claris
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
SDO
Footnotes:
I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VE-17 <;%E MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new
motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in
Part I1. Page 4 of 5
Permit No. NCS000057
Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle
maintenance areas.
All analytical monitoring shall be performed during a representative storm event. The required monitoring will
result in a minimum of 4 analytical samplings being conducted over the, term of the permit at each stormwater
discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permitted shall
complete the minimum 4anaiytical samplings in accordance with the schedule specified in Table 2 (Part II, Section
B).
Table 4. Analvtical Monitorina Reauirements for On -Site Vehicle Maintenance
D>scharge Characteristics
U.`u
w�LTmts
�1+ i
Measurement
'Fie Went :1 "
•-.-•• .FA« .nt ;
Sample
i _
Sample
Lais
H
standard
Quarterly- 4ih year
Grab
SDO
Oil and Grease
Mgt]
Quarterly- 4`h year
Grab
SDO
Total suspended Solids
m l
Quarterly- 4`h year
Grab
SDO
New Motor Oil Usagegallons/month
Quarterly- 4'h year
Estimate
-
Total Flow4
MG
Quarterly- 4'h year
Grab
SDO
Footnotes:
i Measurement Frequency: Once per quarter during the 41h year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) 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.
Part II Page 5 of 5
Permit No. NCS000057
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial permit and updated thereafter on an annual basis.- Secondary -
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within
12 months of the effective date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Preventiori Plan shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of discharges from the operation of the industrial activity.
Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water' Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $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 ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,'
302, 306, 307, 308, 318, or 405 of the Act, or"anypermit 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;-..,
penalty not to exceed $125,000....Y
Part III Page 1 of 8 Pages
Permit No. NCS000057
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean. Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a 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.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
Part III Page 2 of 8 Pages
Permit No. NCS000057
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION 8: GENERAL CONDITIONS
Individual Permit_ Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter'1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if.
(1) The authorization is made in writing by a person described above-,
(2) The authorization specified either an individual or a position having responsibility for the
erall operation of the regulated facility or activity, such as the position of'plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
Part III Page 3 of 8 Pages
Permit No. NCS000057
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.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and,123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. al.
After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The
filing of a request for a individual permit modification, revocation and reissuance, or termination does not
stay any individual permit condition. The permit shall expire when the individual permit is terminated.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Prover Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a pem- ittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bvyassins of, tormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
Part III Page 4 of 8 Pages
Permit No. NCS000057
a. Bypass was unavoidable;to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
,e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate 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. rw
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 Reportirig Acts; and to iegulations published pursuant - M
4 to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation _
40 CFR 136.
Part III Page 5 of 8 Pages
Permit No. NCS000057
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
Part III Page 6 of 8 Pages
Permit No. NCS000057
Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 368 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
Planned Change
The permittee shall give notice to'the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncom liance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
'a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
S. Twenty-four Hour Re ortin
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
Part III Page 7 of 8 Pages
Permit No. NC5000057
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. - Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part III Page 8 of 8 Pages
Permit No. NCS000057
PART 1V LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revolted and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
_ _b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the D;i�,z;nn ^nv the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharge
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or firefighting training. '
4. Best Management Practices (BMPs}
Measures or practices used to reduce the amount of pollution entering surface waters. B1vIPS may take the ��-
form of a process, activity, or physical structure.
Parts IV, V and VI Page 1 of 5
Permit No. NCS00005 7
5. By amass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons. -
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority,
10, EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12, Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed'in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14, Munidnal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
Part VI Page 2 of 5 Pages
Permit No. NCS000057
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Dischar a of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or, discrete fissure from which stormwater is or may be discharged to waters
of the state.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
20. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
21. SecondaLy Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour, storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table 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.
Part VI Page 3 of 5 Pages
A
23. Severe Property Damage
Permit No. NCS000057
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.
24. 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.
25. gnificant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
27. Stormwater Associated with Industrial Activit
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.
28. 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.
29. -Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
' 31. Toxic Pollutant_ '
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VI Page 4 of 5 Pages _
i
Permit No. NCS000057
32. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
33. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
- airport deicing operations. -
34. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
35. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equated or exceeded, on the average, once in 25
years.
--- Part VI Page 5 of 5 Pages ,