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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. 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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 All A Ij vy e, L Tf A 40� 4z - CS1 V�N .4 IL f wt, r 11c kw`Vt !,A E. VQ 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 I � !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 ,- * 1.-t• ��f' .s �� C.T�Y` r� tits �ti f • b � � � ` ���. Su�Yl�a E *d . v .� r �,. I o •ti �,r� , it �•1� .f �.r"''''r-fr^.ys� rr�: fi�~fv(S 1J Y d 1, r"ti� � � •� / I b IN f .,...0-'fir 7r•` �� �.� __ r-% �i %j gyp' �qy v)).{ 7{? xFP.- tie ti z J h lam«-.r� 5 • '1 ��f �, is-;�' � � �i �;s.,� ',, _ � ` li ^' I�� �� Q+ `3 , •1 �r[y7.J} .i i.,�� 1 ffl��. �(]1 ; S" t'.� i� pk 7 .�•, % //!f I ,t r 1 �j� i.�� ,✓ti.' "'� �'�I � f J it �5�•� 0 '�' � '�� AIL—�:� � J �.n ��� .d�' .1 •'''�1 CrJi il�r i ';._ ter— •�:p.M1ll'J, �,1,. �!! 4 �1�`' ,� 7� / r 1 r t � 4_7,r' • `1�r •,��... �� ��e Y .;� `'4"�ff• 't'1� °�r".,� �dT� mil' 'a.�.r,-a t � � _�; 1 , { r •` v � •� p.[�,- F4{ :/.\r .�f.�•:rWD• � Ia4W' ui �" _�_,� ' 1 t �� rl {, •r at,! 1 ,�'i,,r +.t —17 V' -� r L • a ' --+ .:�'' .- ^.�_..-�,.5.' �� � f• ~ r,",f,'.."`,�4�ri i S�'1 q•y �p� }'.,,,'� �' H 9�9 r � r' ��1 , { 1�+ '*y ,�.tl,��� �_+4\ hew'-'t �-1 -�-� 'h ti/. a Y�.ri� Z ��l •Z 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. 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LI}iltitr UILU€NG I i WO WAY TRAFFIC �L_.___ .3 \:�. fs \1 \ - 1Q �1 \??3 1'� >>.�� �7 �n _ 19° I / 1 TWO—WAY (RAMC .1\FI?\"l.? \24 2,� `I_I _?8 .29\30",31 5\6 7�8�9 II ♦1' __..._. � GRW I, r,'OA i _ FXI:)'T€ (s (�RAVLL ROAD 12 — t....... 3., \ r \ , \\-% 1 1 2 PLANT NORTH TRUE NORTH N 31 41 51 6 1 7 1 8 1 9 1 101 ill 121 131 141 151 16 171 18 191 201 211 22 23 1 241 251 261 _ 27 281 29 1 30 B 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 ,tura�� An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper '� i ` � -� f r _ - i . . I ', ' � � .. 1 � � _ � j ,� ' - 1 � _ 1 �� I f� ' • 1 1 . t � _i: i� i .. .. 1 1" - . � - � ' SECTION C: LOCATION MAP Permit No: Ncs0000s7 . f i �h„ t��d•4 i �t� 1 } 7 ! t �� a '� a� �'"r �� :� ra�a•.j�. yn,� r ,frr�,+�[ ,� '� �;! y}•�'C 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 •, � : � ��f �' f�:.. / i. �, ` � � �s ~ � ' r � jam- •� �. � � .Y-r, T y ALI ••� � rZ � �e��a^` ��r�.L1 f;al} � �.y� � "' r�� � ;FA ff�-�'� ;€.�1i�r.� ...k � � F � `' \ � �yy�' L u .,. Etir.. i t ',� i is t 4 .� � •a.14, � "; /C"] 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 . ' " ... , , ,_ , . :, , , -.1 . I -1 _,.., % , -�� .'� ' ' . . . . - . 1, � 7 ,,,,, .! ,�',' ,� ", , � '. , _ , .. - - .1 - ;, '! . , " '. � , " %. , ", . �I�, '",',,, ,� :. ,�.;�:.,',. ,1�, ":- ,�-,"-I,,;"., _.`. ,I'�"�-,,,.-L .,,:�_.,".,.t .�"' .,- ,,, , I:. .- ". :.; ..-.:., `.,,A .L. . �,.. : �;�. ,: -�'.,-.I ,�.7.. , ,:.- �. - , ,",�, 1- 1 ,: - , ­,"; -., �:-".1, �,1.:,.' :1,-'.I,1,..�,*�' �. .,- ,�:,. - ,;'..�.:,,..�..: , , -..L-. �. . ��­..-� .i..�:t�,�.,.�.,,,._:-,-��, :�,. �,-:,-", i, ,:�t,, ..-� ,.�,,_,._...�:��:. ... .:�,,. 1,I-.,�1.. "�.'1,�.; �--..� .�. ,� .L'" ­", . �.­.,..��':,., . .. , �_. iL � .��.: 11"­:�-,,-_-:.1- t '".:-,..­�. ,, . . -,-�I,. -,- -:- ', -�, ,­: ,. -_� ,.,,." '�-.."-..,,.,, �, .. 'L.... ­!., ' ,�. I, 1:,,�:_ ,-��I " ,,I , , �.,. ,'.�'.,.'I `. ,. -.IL I,�.: �-�.�. j �,%: .I ., :.. "�I-.,,;,L..,'- _�. .-....-� " I �:,.'-_..-.. L, . ,.- . �� .. . Permit No NCS000057 ' , . ...-". ,�.,, .�'-.", �":," , , " -�� .,`, -, "-.", ,.- ."-,"'C..,".'.�"-. . ,:�".,�,. �,.. .'.. .,,., � ., . . 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. ,.ti 3 r r k A r i r 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 c I, ....� ­ t ,1�� '- " .m� .-', I - 1: .,-i1, . ! �: . ;. , ... ,I� ".;. I :., .. :.1.,--.­., .. , 1I., ,.:._ �, ,71���. ,. . �, I , 1- ` �,: �.. I 1 -,.. .�� �, " -,:.I - ..-, - . I..I. :- ."1: ... � .,,,.. ,, '.,i.,..,:..,: .,,'�. .,. �.I,.,,.,,,� .—.��:,..�,, .. ,- 1.1-":,,""I � �..,I 'I. -..,'­_ �,,.t ._7 :._.,.,, .�.I ...,-r...--,., :..I, :. i;.1,:...I . ,�.. -;_.I_'. � ,...� ,:..,I"� �..:-. .,".-�-_.-,t­.7' -,��, .,._",. ,-- ,,, . :- .:�.. _%�.--,. 1­.. ..,�..:,...."-.:,.:.',:..�'._.:f ,,..,-L: :.1'-� . .. :I �� ."�.-,,%'�","",;';. _,,� � : �­�, ".., ,,..,­-,..� :-�. ���,.�'�,1,--.�'f—.._ , .: -,,, :.".�';,...,,. . �1. -'.,, : . ",. ,.-, ;,',.., �,.�'.,-.� ...' '-,�'I."- 1 .,".- ..�:�,��.�,., ; ,, .�,.,.-­,'�­­... �-.�,,. ..-..,;:� '.�.:. :,..',._.,., . �:-,�j1,�.�. : ". :.,I' ,. :- -,LI:'!, I.':��.lI ,,.', �� . ..�.. ,; 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,[, .A -, , P f ' t 4 _ J ;ir 3"'" :," -',,� ^,1 , .; ,,V` ;• ,..v, 7,:': 3 1 I E "f i b Have access to and, copy, at reasonable times, any records that must be kept under the conditions of this individual permit ,, r ,. . '' �� r "rt :r. s.�.t �k ! al. 7 's 1 1'•�e�yi -'.'q. .< 1, -_' y. } - ar.H -:r �.- •,• -• '. f, x i ilJ 1 - 4 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- . . t, e y- tf a r r 1 f ! e� ,1 .,, ti t ..,;. 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 r . t , - f r' 1617 Mail Service.Canter `':' Raleigh, North Carolina 27699-1617 ! s j s t 1 1 1 0 , ,llfy , '�� `! 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 rr r r r1. k! k r r -'1 ' ' �1 Y ! 15 r'S �, J 1 Fr y I +' k t. - pk, :J , s r v e +` �,: + I„ t r } k iJ 1 + S S * i+ Y i f s1 A ; ✓; , T f + '`. ; l4 { SS 1 .1. '; i (.1 1100 D > Y r i r II r- , 6- r I.• +, _ } ? 1 1 }li f t' I - r f + -'1 l ,f } , t k s t,'+ 1r r J r Ift ' I -i,? -!, } 1,'.y! '1 c i ..L J r "1 J I'r� + 'i Y ,f t 'o. y { J'p - r ) § r, , A+1 t �'i r j , .I 1+. ,a I ry 9k I + n ' '? I; 4, y. `.r }. 1, f fe -'_r ! -s t } r' y. + y. f� +'I t r+ } Y -r^ Zt ` r. r t ,k A t r �a r 1_ ! 1J• r • v, f 1 1 a ! A+ ni* rf ! }f t l a i.''1 { M r•; r, m i t g; -r F - i v _ J- 7 r• F _ i ` 1 j +' Ir t 1 L 1:,'•' r s' ,' 1 r - r - t 4 e\ S .7 k,l + 5 a 1 }' 'r } , i k 1 I ' r l' �' r• r - f'1 A' ,4 ! m 5 ¢' '4 ' , , L } ' r rVk Y' r 1. ! `� 1 S '1 e ft < r i S - 1 i P 1 1. J' S 1 1 1 i 11 I. + A 1 1 1 .', r f k 5�1 1 1 'S f 1 1t i i t, E x i L t tl" 5 i 1 i t k F r 1 ':r1 1z, t +' I r a r ti :, G' 't - r C j .; . , '' + 1 r n." I w r _ i 1 d < '', 1 b 6r r A' , 'i > r F rr ! "+ 4 i Y 'ti t +t 1+ { t ' 1 ,I Ml } 4 r ; 'l Y 1 i ,, + k +J I I 'I 4 s .: 1 i ,1 1 'k -Y .7 - 1 J 'r a 'Pk. A } i 'I i I J i I l Vi. .14 .. -,�- �-I .:. ,. ,I :.,.� .'. . �,, -.-..- ," -,.'-,-.. � . .-- , .,'.:,. , -, ,',%-,�,". % - ,, .,- .� :,-.� .,., �..�,- ..,.-",,-,,',.-".'.--�,j',-. , - , .�-��, ,,,-�-�-, �,..%-,�- �-,, . ' --�-� ,",-�'..""-,-.�.� '.�L ,...',,�,�.', ",I,� ,L� -%.,":.0"l,.", , ,-...,,. ',,z-"- :, ,.,I ,,,,,-.0 .�, ,,-!;,­", %. L , . - , �-'1,,A' ',�..''�" ,"L",.,,.:. R .".,.� ",. .I. ;. - T ,.��­. c, ,- .o,:Q,,,;..�,�,,,,- ,� y,-�,A �,' ,�, ',..'. - .a . , - �!,4!� ,'1.�."7, ,�"�� s� .,:, ,' �',:.-_.::m_''" �.."! �, �,I., �,-. ,.,.. � ., ..�N,,�:W', ,. .::�..":1. .W1 '!" _i' 7' '1 .... :-"-�� ,, �. .,-) ,1��: , q,. .,, ;,.,,, ,�"--.Q- .'---: , ,�- . ,-'�.,..- . � .. ",'�, .., ',.L � � '. ..:.,'� ,�-.: . j,".,�., ,-.,.��,' . .,.,..., ,,.. ,�"""!."- .:.!,;,.%:.,, 0.'� ;,-', I .,,-�0I' I ""�. . ,I. -" � Part II1 Pagel of 8 Pa es 3 g , { u 1 ,I�. .. � ., �, I t,. .�. ���� ,, I...�_�:.,,I, , . .I�-I. I . —. —, :1I 7. ,,. . �� �: , -,,1.�..., ,�_:,.',. _.,, .. ; !..."�. 1.`11.1:.1,",., . ' _, ' 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 r , t r _Y._"t is " r t,. k t 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 ,