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HomeMy WebLinkAboutNCS000312_HISTORICAL WITH APPLICATION_20180812STORMWATER DIVISION CODING SHEET PERMIT NO. �S ppD �jt Z DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO IX'APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 2al�06 12 YYYYMMDD Permit Number NCS000312 Program Category NPDES SW Parmit Type Stormwater Discharge, Individual Primary Reviewer bradley.bennett Coastal SWRule Permitted Flow 0 Facility Central Files: APS _ SWP _ 8/12/2018 Permit Tracking Slip Status Project Type In draft Renewal Version Permit Classification Individual Permit Contact Affiliation Scott Madix 4132 Pompano Rd Charlotte NC 28216 Facility Name Major/Minor Region AERC Acquisition Corporation dlbla DART, A Clean Earth Company Minor Mooresville Location Address County 4132 Pompano Rd Mecklenburg Facility Contact Affiliation Charlotte NC 28216 Erik Bomireto President 4132 Pompano Rd Owner Charlotte NC 28216 Owner Name Owner Type Aerc Acquisition Corporation D1B1A Dart A Clean Earth Company Non -Government Owner Affiliation Bernard Guerin 1 Secretary Treasurer VP 334 S Warminster Rd Dates/Events Hatboro PA 19040 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 9/29/1995 10/31 /2013 5131/2018 6/18/2018 S�!'1h a/171 Regulated Activities Requested /Received Events Stormwater (activities not covered) Region comments on draft requested 6111118 Region comments on draft received 6128/18 Additional information requested 5/16/18 Additional information received 5/18118 Other agency comments requested 5121118 Other agency comments received 5122/18 Outfall 001 Waterbody Name Streamindax Number Current Class Subbasln Stewart Creek 11-137-1-2 C 03-08-34 NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NC5000312 DART Acquisitions LLC SIC 4953 — Hazardous Waste TSD facility. Monitoring —The facility has been monitoring for TSS, COD and pH. Previous permit did have tier system. o Data reviewed from 2009 through March 2018. A few parameters did show exceedances over this time period. Also reviewed Charlotte -Mecklenburg Stormwater Services (CMSWS) data from December 2017 monitoring at the facility. All drainage from the facility goes to a cement basin at the NE corner of the property. The basin has a gate valve and the facility releases the stormwater manually. o TSS had two values close to the 100 benchmark but did not exceed. The CMSWS data did show a Turbidity value of 60. Since TSS is a baseline parameter keep in the permit. o COD only had one exceedance but given the material brought into the site the parameter should be maintained as a potential indicator of pollution issues. o pH values had one result above the high range of 9 and one below the low range of 6. Also a four results at the very low end around 6. Maintain pH monitoring o The CMSWS data also showed a Cu value above the benchmark but discussions with Chad Broadway indicated that the result was actually low compared to what they observe regularly and he felt this was not a result of the facility's activities or process. Chad also felt the parameters remaining where appropriate for assessment of the facility, See emails in LF. o Parameters remaining in the permit —TSS, COD and pH o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. Discussed site issues with facility contact — Scott Madix (6/4/18). Checked on contacts. He should replace James Kreger, but keep Rick Reed and Erik Bomireto, Scott's address is the Pompano Rd address. No major changes since 2013 renewal package. Most of their activities are inside. Have loading and unloading that is exposed but areas are contained and materials collected and go to treatment. Detention pond captures all site runoff. They release within 24 hrs after a rain event. Before release they have a check list they go through, look for sheen, particulates, etc. Pond completely drains. Size storm detained — thinks they probably capture 95% of storms. If there is a large storm it could overflow or they may release during the storm. Contract with a P party lab to collect samples. Coordinate before event when they are up for a monitoring event. Asked about recommendations from CMSWS Jan 2018 letter. They did evaluate and did clean up around the site. Pond —they try and keep the pond cleaned out regularly. Facility submitted owner change 7/17/2018. Will become effective 8/15/2018, Emailed Scott Madix and we will hold off on issuing permit until then to avoid having to reissue to the new owner. Facility drains to Stewart Creek in the Catawba River Basin, a class C stream. 2014 Assessment Report 11-137-1-2 shows no impairment of concern for this facility in this area. Statewide Hg listing, but this facility does not appear to be potential source in these problems. NC National Heritage review -- NHP report shows no aquatic resources of concern. MRO — Draft permit to permittee, Regional Office and Charlotte -Mecklenburg Stormwater Services on June 11, 2018. Region and CMSWS okay with permit renewal. MRO —email from James Moore on 6/28/2018. Bennett, Bradley From: Scot Madix <SMadix@dartworldwide.com> Sent: Tuesday, July 31, 2018 11:23 AM To: Bennett, Bradley Subject: [External] Re: Draft Permit - NCS000312 - Stromwater NPDES Bradley, That sounds fine. I will let you know if the name change takes longer than August 15th. Thanks for the update. Scot DART Acquisitions From: Bennett, Bradley <bradley. ben nett@ncdenr.gov> Sent: Tuesday, July 31, 2018 11:16:57 AM To: Scot Madix Subject: RE: Draft Permit - NCS000312 - Stromwater NPDES Scot, Just wanted to get in touch about the timeframe for the reissuance of the permit. We have completed the notice process and could issue the permit later this week. However, I noticed in our records that your facility has recently requested an ownership change. It looks like this change will take effect on August 151". At this point I plan to wait until this entity is the responsible part and reissue the permit in the new owner name. If there are problems with this approach or if there is some delay in this ownership change, let me know. Thanks BB From: Bennett, Bradley Sent: Tuesday, June 12, 2018 3:09 PM To:'Scot Madix' <SMadix@dartworldwide.com> Subject: Draft Permit - NCS000312 - Stromwater NPDES Scott, Thanks for working with me over the last few weeks on the permit renewal. We will be mailing out a copy of the draft permit for your review today or tomorrow. We will then work to get it noticed in a local paper (Charlotte Observer) within the next week. The public comment period for the notice will run through July 18th. Once you get the draft and look over it, let me know if you have any questions or comments. You will also probably hear from staff in our Mooresville Regional Office soon to set up a site visit. Staff from Charlotte -Mecklenburg Stormwater Services may participate as well. Thanks Bradley Bradley Bennett Stormwater Program NC Division of Energy, Mineral & Land Resources Phone: (919) 807-6392 512 N. Salisbury Street Fax: (919) 807-6494 1612 Mail Service Center Email: brad ley. ben nett@ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws LAv rf117men fai Quality I. Permit Information 1. Please enter the permit number for which the change is requested. NPdES Stormwater Individual Permit #: NCS000312 NC 5x XX xx X -OR- General Permit Certificate of Coverage (COC) #: WC GX )Cx Xc x Use this link to check the permit contact information that is currently in our database. II. Permit Status r II. Permit status prior to requested change. a. Permit issued to: Dart Acquisitions, LLC Q xrp" Nam b. Person legally responsible for permit: First name:* (Middle name. Last name:* Erik Bon*eto Title: President Permit holder's mailing address:* Phone #:* 70439 59559 c. Facility name: d. Facility address:* Fax #: StreetA dress 4132 Pompano Road Address Line 2 city Charlotte Postal ! Zip Code 28216 State 1 Province 1 Pajon NC Qxmtry USA DART Acquisitions, LLC - Charlotte Facility Sreet Address 4132 Pompano Road Address Line 2 Oty Charlotte Pbstal ! Zip Code 28216 e. Facility contact person (prior to change, optional): First name: Middle name: Last name: Phone #: State! Rwince 1 R4w NC 0)1-" USA Ill. Requested Change Information III. Please provide the following for the requested change (revised permit). a. Request for changes is a result t, Change in ownership of facility of: r`• Name Change of the facility or owner b. Permit to be issued to: AERC Acquisition Corporation dlbla DART, A Clean Earth Company CaTpany RTre c.. Person to be legally responsible for permit: First name:* Middle name: Last name:* Bernard Guerin Title: VP/Secretary/Treasurer Permit holder's mailing address:* Street Address 334 south Warminster Road Address tine 2 City State 1 prrmince I Fb�p Hatboro PA R)Std I Zip Omia Qx,ntry 19040 USA Phone #:* Email address:* 21573 bquerin 41400 @cieane arthinc.c om d. Faciltiy name:* AERC Acquisition Corporation dlbia DART, A Clean Earth Company e. Facility address:* Sweet Address 4132 Pompano Road Attires Lane 2 Oty State 1 R-ovince! ftim Charlotte NC festal 1 Zp OXIC Cbuntry 28216 USA Is the FACILITY contact different than the person legally responsible above?* V', Yes f; No f. Facility contact person: First name:* Middle name: Last name:* Erik Bomireto Phone #:* 7043959559 Email address:* erik@dartwnrldwide.com IV. Permit Contact Information r Is the PERMIT contact different than the person legally responsible above? f, Yes «r No IV. Permit contact information (if different formthe personleg* responsible trr the p©rmt) First Name:* Middle Last Name:* Cheryl Name: Coffee Title: Mailing Address:` Phone #:* 6097312906 Director of Environmental & Compliance Street Address 334 South Warminster Road Address Line 2 Oty Hatboro R)sW i Zip Code 19040 Email Address:* ccoffee@cleanearthinc.com SL-te f P(Mince I Edon PA Country USA V. Permit Facility Activities V. Will the permitted facility continue to conduct the SAME industrial activities conducted prior to this ownership or name change:* c?j Yes r' No VI. Signature In the case of an ownership change request, certifications must be signed by bath the permit holder prior to the change and the new applicant. For a name change request, the signed Permittee's Certification Is sufficient. This completed application is required for both name change and/or ownership change requests. Legal documentation of transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. File Upload:* Lt aad supparting dwArrentatim fcr ouvnarsltip ctw% Signed Transfer Agreement.pdf 1.36MB pdf only North Carolina General Statute 143 - 215.6 b (i) provides that: Any person who knowingly makes any false stslement, representation, or certification in any application, record, report, plat, or other document f€led or recluirod to be maintained under this Article or a rule imple-mcntatg this Article; or who kno« ins*ty makes a false statcnnent of a material fact in a rulemaking proceeding or contested case under this Article: or who falsifies, t ml- evrs with, or knowingly renders inaccurate any recording or monitoring device or method required to he operated or maintained under this Artielc or rules of lire (Environmental Management] Commission implLromtting this Article shall be guilty of a Class 2 mMerneanor which may include a fete not to exceed len thousand dollars (Sl0,000). Permittee Certification: I attest that this application for a name and/or ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed, or if all required supporting information is not included, this application will be considered incomplete. Permittee Signature Draft -holder prim tote c;wnership citarnge or permit -holder autf-ar'izang the rem ch7ge Applicant Certification: I attest that this application for a name and/or ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed, or if all required supporting information is not included, this application will be considered incomplete_ Applicant Signature Gtrt�ta;� yx�.,il. TO w Fan tlxj pwrit is to be transferred Will another person need to complete or sign this form before it can be subnitted? No problem! Simply CLICK the "Save as Draft" button below and send the URL link to the other party to access the form. Questions? Call Laura Alexander at (919) 807-6368 or e-mail her at laura.alexander@ncdenr.gov. Initial Review Project 10:* NCS000312 Bennett, Bradley From: Moore, James Sent: Thursday, June 28, 2018 9:50 AM To: Bennett, Bradley Cc: Khan, Zahid; Lee, Angela Y Subject: RE: NPDES Stormwater Permit Renewals for Review and Site Visit Attachments: jm-06282018-001.pdf Please see that attached inspection reports. Based on the inspections all sites were in compliance and I recommend issuing all 3 permits as drafted. Please call if questions. James Moore MRO-LQ 704.235.2138 From: Bennett, Bradley Sent: Monday, June 11, 2018 5:05 PM To: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad (Chad.Broadway@mecklenburgcountync.gov) <Chad.Broadway@mecklenburgcountync.gov>; Moore, James <james.moore@ncdenr.gov> Subject: NPDES Stormwater Permit Renewals for Review and Site Visit Hey Guys, I have three permits in Mecklenburg County that I have drafted and ready for review and notice. If possible could you schedule site visits and give us any comments you have in the next 30 days. We plan to have these noticed ready to publish early next week. I will be sending a hard copy of the draft permits to the permitees this week. Below are the three permits, facility contacts and links to folders in Laserfiche where you can find the draft permit and cover letter and other application and review documents. Each of these folders includes information from Mecklenburg County on their recent inspections of the facilities (Thank for this info Chad). There is also a summary of our review of the materials. Hopefully you can access all of the information, but if you need me to send files attached in email, just let me know. • NCS000312 —Dart Acquisitions LLC-4132 Pompano Drive, Charlotte. Contact: Scott Madix — (248) 860-0703; smadix@dartworldwide.com httAs:/jedocs. deg. nc.gov/Stormwater/0/fol/677389/Rowl.aspx NC5000334 —JCI Jones Chemicals Inc. —1500 Tarheel Road, Charlotte. Contact: Michael Croke — (704) 392-9767; mcroke ocichem.com https:/Zedocs.deg.nc.gov/Stormwater/Olfol/679766/Rowl.aspx NCS000386 — Rohm and Hass Chemicals LLC — 6101Orr Road, Charlotte Contact: Jamie Watts — (704) 596-3021 x3050; jwatts@dow.com https://edocs,deq.nc.gov/Stormwater/O/fol/678765/Rowl.aspx Thanks L-U- Bradley Bennett Stormwater Program NC Division of Energy, Mineral & Land Resources Phone: (919) 807-6392 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Fax: (919) 847-6494 Email: bradley.bennett@ncdenr.gov Email correspondence to and from this address may be subject to public records laws Compliance Inspection Report Permit: NCS000312 Effective: 06101/09 Expiration: 05/31/14 Owner: Dart Acquisitions LLC SOC: Effective: Expiration: Facility: Dart Acquisitions LLC County: Mecklenburg 4132 Pompano Rd Region: Mooresville Gharlolta NC 282143 Contact Person: James G Kreger Title: Phone: 704-395-9559 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: DSQW2018 Primary Inspector: James D Moore Sacondary hopector(s): Entry'Time: 11:30AM Angela Y Lee Reason tot Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Phone: Exit Tlme: 12ASPM Phone: Inspection Type: Compliance Evaluation Page: 1 permit: NCS000312 Owner • Facility: Bart Acqulsltlons LLC Inspection Data: 0al28l2018 Inspection Typa : Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inpection was conducted as part of the permit renewal process, Based on the inspection the site was in compliance and I recommend that the new permit be issued as drafted. page: 2 M4c C4artottc (Obscrucr charlotteobserver.com C LakeNormari I �+-Airy 'ic I ii I -T `wy,r AFFIDAVIT OF PUBLICATION Account # Ad Number Identification 31$898 0003715148 1 PUBLIC NOTICE NC DIV. OF ENERGY, MINERAL AND LAND RESOU Attention: Laura Alexander NCDEMLR DIVISION OF ENERGY, MINING AND LAND RESOURCES 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 ................................. ........ ............ ..... ........ ..... .......... PUBLIC NOTICE NC DIV, OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMITS Public comnianl or ohjeclion in me draft permits is invited Submit written comments to UEMLH at the addruss below. All comments received through July 18. 2018 will bo consid- ered in the final determination regarding permit Issuance and permit provisions. Appllca6ans: The Ioticwng Iae.lgies have applied for renewal of their NPDES pormits to d,5- charge slormwaler from the, lochtions in Mecklenburg County. • OART Acgwsihanu LLC, 4132 Pompano Roarl, Charlotte, NO, The facility dlachargee to Slaw art Creek in the Catawba River Basin. Parrnit NCS000312. • JCI Jones Chem, daIs Ina, 1500 Turnout Road, Charlotte. NC. The tacllily diacharges to Paw Creek in the Culawba River Basin. Permit NCS000334. • Rohm and Huse Chemicals LLC, 8101 Orr Road, Chadone, NC. The laciliry discharge to a UT tc Brier Crank in the Catawba River Basin, permit NCS000386. Stormwaler Program Contact: Bradluy Bennetl 01% 807�6392 bradley, benneh(5)ncdenr.gov A copy at me orah permit is available all htlP:f1d8q nc-govlabuulydivisionaiwargy-mineraNand -resourreslavenla, Additional purma documents are available for the reproduction wet all DEMLR Stowlwaler Program 512 N. Salisbury Street 1612 Mail Service Coale, Rale,gh. NC 27609.1612 LP3715146 RECEIVED JUN 21 2016 DENR•LAND QUALITY STORMWATER PERMITTING North Carolina I SS Mecklenburg County 3 Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that helshe is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, fifes, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. Insertion(s) Published On: June 18, 2018 Judith ears, Arxounting Cletk In Tes ony Whereof I have hereunto set my hand and affixed my seal on the 18th day of June, 2018 My Commission Expires: 12M 1/2022 Notary Signature Energy, Mineral and Land Resources ENVIRONMENTAL. QUALITY June 11, 2018 Scott Madix DART Acquisitions, LLC 4132 Pompano Road Charlotte, NC 28216 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR, Interim Director Subject: Draft NPDES Stormwater Permit Permit No. NCS000312 DART Acquisitions, LLC Mecklenburg County Dear Mr. Madix: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: I. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Monitoring requirements in the draft permit have not changed from the previous permit. Monitoring is maintained for Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), and pH. Comments from our regional office staff or other information may result in adjustments to these requirements if it is apparent that your activities in some way may have the potential to release other parameters. Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceeclance is not a permit violation; however, the permittee must respond to exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits in our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T NCS000312 Draft Permit Page 2 permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. The vehicle maintenance language in the permit has also been modified to clarify that these activities include not just vehicles, but also other similar equipment maintenance activities that may be exposed to stormwater. This has always been the Division's implementation of this requirement, but hopefully the adjusted language is a little clearer about this process. S. Language has been added under Part II Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part II, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). 8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the language "located in close proximity to each other" as it applies to multiple above ground storage containers having a combined storage of 1,320 gallons. Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments maybe emailed tome at bradlev.bennett@ncdenr.gov or mailed to my attention at NC DEMLR, Stormwater Permitting Program,1612 Mail Service Center, Raleigh, NC 27699- 1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 807-6392. Sincerely, Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000312 cc: Zahid Khan, DEMLR Mooresville Regional Office —via email Chad Broadway, Charlotte -Mecklenburg Stormwater Services —via email Stormwater Permitting Program Files NCS000312 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General -Statute 143-215.1, other lawful standards and regulations promulgated an.Aadopted `the North Carolina %' '�, ;. Environmental Management Commission, and the{Federal Water Pollution Control Act, as amended, ART,&qu si bons, LLC is hereby authorized`0"disch'6?ge stormwater from a facility located at ART Acquisitions, LLC 4132 Pompano Road Charlotte, NC Mecklenburg County to receiving waters designated as Stewart Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, li, III, and IV hereof. Note, Draft Permit Dates are Approximate This permit shall become effective [August 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [July 31, 2023]. Signed this day [July 31, 2018]. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission • Permit No. NCS000312 DRAFT ,f TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART lI MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES 1 Section A: Stormwater Pollution Prevention Plan\ Section B: Analytical Monitoring Rege nts Section C: On -Site Vehicle & Equipment Maintenance Monitoring Requirements Section D: Qualitative Monitoring,Requirements Section E: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: 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 6. 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. NCS000312 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements A. Section C: Operation and Maintenance of PollaL tion" €F6ritrols 1. Proper Operation and Maintenance` 2. Need to Halt or Reduce Not a'I efense " 61`f '_ 3. Bypassing of Stormwater ControldFacilities Section D: Monitoring and Records 1. Rep resentative�Samplri:ng ",,!i 2. Recordiiild Result`s«_ 3. Flow Measux m nts 4. ryiYiiit TesVProcedui'i}es' S. Repr{eseentat ve Outfall 6. �iiyI. Recoi'd's5{r': Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. 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. NCS000312 DRAFT PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO[) form to the Division; must receive approval by the Division; must,maintain no exposure conditions unless authorized to discharge under a valid NP.DES storm1.watenbermit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified.or revoked, the permittee is authorized to discharge stormwater to the surface waters of,North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater dischar.gesshall 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 dig charge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000312 DRAFT k......... — 7 W J1 kVI .41 (T-w ..tp. "Idi 14, X� Vl —q 3it, 1 q. VA. % r �4 v 80 g 0I "if p ew j If , Y fFt 1pl I ; .0 Ji IK t 01:01 "W", A DART po Acquisitions LLC rj) t J, & ��l Jar q I Vs: TV q "'!l� �V ' 20" J X AZ7 n A V, L . ql Ii YF 'ri Z' T'w Ib Part I Page 2 of 2 Permit No. NCS000312 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part 111, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map;or appropriately drafted equivalent map), showing the facility's location in relatbn to transportation routes and surface waters; the name of the receiving waters to?which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultite receiv maing waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial /- A f activity. The general location map (or alternatively the site map) shall identify whether any receiving waters4are,impaired (on the state's 303(d) list of impaired waters) or if the site is l'ocZlv ted in ` watershed for which a TMDL has been established, and what,,t 6'parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas; dust or particulate generating or control processes, and . ""'> waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of Flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (SMPs); 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 11 Page 1 of 12 Permit No. NCS000312 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalis have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flowsa Wherever practical, the kl permittee shall prevent exposure of all storage area,material handling operations, and manufacturing or fueling operations. In'are s where elimination of exposure is not practical, this review shall document the;fe'asibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements:andyRecords. Secondary containment is required for: bulk storage of liquid.materials;-storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and,storage. in an amount of hazardous substances in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the=secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually 10c activated valves orlot her similar devices (which shall be secured closed with a locking mechanism): -Any s11 tormwater 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. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part 11 Page 2 of 12 Permit No. NCS000312 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the�SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good H ` sekeeping Program. A preventative maintenance and good housekeeping program sha11, a developed and implemented. The program shall address all stormwater control -systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and`unlbading areas, and haul roads), all drainage features and structures, and existing structural,BMPs The program shall establish schedules of inspections, maintenance, and houssekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposurd or stormwater pollution where not already addressed under another element of the�SPPP.. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part II Page 3 of 12 Permit No. NCS000312 DRAFT personntiel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks ofEpllutants for the previous three a I `;! i\ (3) years, or the notation that no spills have,oecurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated far the presence of non-stormwater dtscha ges(element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) ove�p� the pasC year uncluding a discussion about Tiered Response status. The permittee sYYaIfuse the Divisions Annual Summary Data Monitoring Report`(DMR)form, available from the Stormwater Permitting Program's webs to (See: https:Hdeq.nc.gov/about/divisions/energy-mineral-land- resources/pdes n-stormwater-individual). The Director may notify,th'e•permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part Ill, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000312 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See De lnitions. Table 1. Analytical Monitoring Requirements Parameter D>Ischarge �, � E , " ',; Measurement; Sample Sample Cade- Characteristics Units Fre uenc t T e2 Location3 C0530 Total Suspended Solids TSS +y �m yL semi-annual Grab SDO 340 Chemical Oxygen Demand COD 'm �L, semi-annual Grab SDO 400 IpH ;.ate standara semi-annual Grab SDO 46529 Total Rainfal14 ,///' / inches semi-annual Rain Gauge - Footnotes: e"K 1 Measurement Frequency: Twice`per sampling) during a measureable st( this permit is revoked or rescinder response actions under the previous reporting schedule in Tier Two or the Division.! ar (unless other provisions of this permit prompt monthly n event,runtil either another permit is issued for this facility or until the facility is monitoring monthly because of Tier Two or Three r'mit�the facility shall continue a monthly monitoring and er Three status until relieved by the provisions of this permit or L Grab samples shall be collecfed.wittiin the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 111, Section E). However, for purposes Part II Page 5 of 12 Permit No. NCS000312 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample withvalid results within the monitoring period. Table 2. Monitoring Schedule - pis_ .i.,'�i Semi,.Annual t4 :€. i! �< <Sta aieVV1 . 11 Years) ���Monitor>rng Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this Facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued un0after expiration of this permit. 2 If no discharge occurs during the sampling period, thee permittee.,must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of -the end`6f the sampling period. 3 Monitoring periods remain consistent through the pert term and'fhrough the renewal process. Failure to monitor semi-annually per permit terms may`rbsult in the Division requiring monthly monitoring for all parameters fors specfiedtme period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. ,- The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values!eequir6fhe permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tieredprogram See below the descriptions of Tier One, Tier Two, and Tier Three response actions below In the event that the Division releases the permittee from continued monthly monitoring - and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Anal tical Monitorin ,Dischar a Characteristics �. Units _ Benchmarks Total Suspended Solids (TSS) mg/L 100 Chemical Oxygen Demand (COD) mg/L 120 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 6 of 12 Permit No. NCS000312 DRAFT Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Ties Two ..... .... .. If: The first valid sampling results from two consecutive monitoring periods''(omitting periods with no discharge) are above the benchmark values, or outside of the;benchmarkrange, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in"rT ei r One , 2. Immediately institute monthly monitoring and°reporting.for all parameters. The permittee shall conduct monthly monitoring at every outfall where,a sairipling'result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results arey'lielow,the benchmark values or within benchmark range. 3. If no discharge occurs during the'sarnpling period, the permittee is required to submit a monthly monitoring report indicating "No'Flow"to comply with reporting requirements. 4. Alternatively, in lieu of steps,2,and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response ,actions on the part of the permittee as provided in Tier Three, including reduced or add ition_al.sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 7 of 12 Permit No. NCS000312 DRAFT SECTION C: ON -SITE VEHICLE & EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle and/or equipment maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. 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 4. Analytical Monitoring Requirements for On -Site Vehicle & Equipment Maintenance P.araniEetei^ `D><scharg`e''Charac'ter>tEstics`;°„3"; n ,,': Un><ts 3 R 33;j (Mt easuremen E ,; 3 Sample f' _.. ,.� ,j Fre 1, ESanple` EE IE "`e� c, E Location3 Cod`e.k ueinc T' 552 Non -Polar Oil & Grease by 'ti,rl' mg/,Lsemi-annual Grab SDO EPAMethod1664 SGT-NEM CO530 Total Suspended Solids m` L qQ�? ;:;,, semi-annual Grab SDO 46529 Total Rainfall4 inches.. semi-annual Rain au e - --1 New Motor Hydraulic Oil Usage ,I gallons/month 1 semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during,a measureable storm event (unless other provisions of the permit prompt monthly sampling) until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 21or schedule of monitoring periods through the end of this permitting cycle. If the facility'is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three sta�t'us until relieved by the provisions of this permit or the Division. Grab samples shall be collected•within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 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, 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 is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values in Table 5 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 Part II Page 8 of 12 Permit No. NCS000312 DRAFT keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tiered program. See description of tiers and required response in Part 11 Section B, Table 5. Benchmark Values for Vehicle & Equipment Maintenance Monitoring i_Discharge Characteristics � k` � U I, nits Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of Beach stormwater outfall regardless of representative outfall status. Qualitative monitoring shall' be performed semi-annually during required analytical monitoring events (unless-tl permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditionsfmust be documented in the SPPP and " t e 1 maw recorded on the Qualitative P Only SDOs discharging storm (See Definitions). t.form (see Adverse Weather in Definitions). with industrial activity must be monitored In the event an atypical condition is,noted at a stormwater discharge outfall, the permittee shall document the suspected scause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 6. Qualitative Monitoring Requirements Discharge Characteristics Ai !,Frequency1 ` Monitoring L6cation2 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 Part 11 Page 9 of 12 Permit No. NCS000312 DRAFT Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. 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. 1 i�3 K,. ..LI - i•pr , y ' �;i 3 t '�'Oualitative Mon itorina Response Qualitative monitoring is for the purposes of evalua�tt��ing SPPP effectiveness, identifying new s+nr 9AV" ti;41 , potential sources of stormwater pollution, and pr&mptingi,the permittee s response to pollution. If the permittee repeatedly fails to respond effe&ively.ro=correct problems identified by qualitative r 4 f monitoring, or if the discharge causes or contributes"to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise 'increase; or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to,msall°structural stormwater controls; require the permitteerto implement other stormwater control measures; require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving'waters;,,or require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) • Section D. (6.) • Section E. (1.) • Section E. (2.) Signatory Requirements Records Retention Discharge Monitoring Reports Submitting Reports Part II Page 10 of 12 Permit No. NCS000312 DRAFT 1. Reporting Requirements [Supplements Section E. (1.) and, Supersedes Section E. Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing,`signing, and submitting one signed original and a copy of the computer printed, 6DMR1t^o.th'e following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files °""` `, /� 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to, su e,the,eDMR system due to a demonstrated hardship or due to the facility being physically>located im an area where less than 10 percent of the households have broadban&acc'es';,tthen a temporary waiver from the NPDES electronic reporting requirements,,may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall,b'e submitted to the mailing address above. See "How to Request a Waiver from �Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver front Electronic Reporting, The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved Part I[ Page ll of 12 Permit No. NCS000312 DRAFT reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 3. Signatoly Requirements [Supplements Section 3 and Supersedes Section B. (3.) {d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part Ili, Section B. (3.)(b). A person', and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and/s,ubm�tting the�DMR must obtain an eDMR user account and login credentials to access,the`eDMR<system. For more \ ," information on North Carolina's eDMR system,, registering,for eDMR and obtaining an eDMR user account, please visit the followingeb.page: "7 . �\ ,611 http://deq..nc.goy/about/divisions /warte;r-resources/edmr Certification. Any person submittin&an electronic DMR using the states eDMR system shall make the following cdrtificati6nk[40`1CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCER.TEDii''� '7 certify, under penalty of law, thdt:this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel proprlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 4. RecordsRete-tion_[Sup_plements Section D._(,6,a,1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 12 of 12 Permit No. NCS000312 DRAFT 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 I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis�Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished,prior to the beginning of stormwater discharges from the operation of the industrial activity. s Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit.(except new, SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal -shall be developed and implemented within 6 months of the effective date of this permit and updatecl thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A; Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges.fr'm othe operation of the industrial activity. 2. Duty to Comply The permittee must comply, Ch all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (GWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122f41].„err s;. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 40S 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 $S1,S70 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 40S of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part ill Page 1 of 9 Permit No. NCS000312 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with, the;; terms conditions, or requirements of a permit [North Carolina General Statutes § 143�Z15.6A]°"� g. Any person may be assessed an administra 301, 302, 306, 307, 308, 318 or 405 of this,. implementing any of such sections in a per Administrative penalties for Class I vioiatio /.. J A maximum amount of any Class 1 penalty as! violations are not to exceed $20,628 per �da with the maximum amount'of any Class II p and 40 CFR 122.41(a)(3)1 p�'%JFx.,jE . Ave"penaliyFby the Administrator for violating section kctj,br any-p&mit condition or limitation nit issued;under section 402 of this Act ns are not to exceed $20,628 per violation, with the ;es sea not to exceed $51,570. Penalties for Class II y,for each day during which the violation continues, enalty not to exceed $257,848 [33 USC 1319(g)(2) 3. piny to Mitigate A Ii v"' The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil_and_Criminal Liability Except as provided in Part 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. Oil -and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000312 DRAFT Severabilitv The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-231. 8. Duty to Pr vide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or 6y both, if a Conviction of a,,person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. (/ X^1 10. Penalties for Falsification of Rgports 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 repoits,or reports of compliance or noncompliance shall, upon conviction, be pun shed ley a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per�violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking g of,any work in any navigable waters. -17 .V, 12. DAY to Reapply / 1� If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permit&ee rnust.apply for and obtain anew permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part ill Page 3 of 9 Permit No. NCS000312 DRAFT 3. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or ope at rig facilities, provided, the manager is authorized to make management decisions which govern'the operation of the regulated facility including having the explicit or impliett uty of making major capital investment recommendations, and initiating and directing: other comprehensive measures to assure long term environmental compliance with 6nvironinental 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 & # U V documents has been assigned or delegated to•the manager in accordance with corporate procedures. (2) For a partnership or sole pro-p'rietc r'ship:'"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.el ce tedofficial [40 CFR 122.22]. b. All reports required -by the permit and other information requested by the Permit Issuing Authority shall be signed;l y 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 paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221. Part III Page 4 of 9 Permit No, NCS000312 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.221, NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 4. Permit Modification, Revocation and Reissuance, or Termination 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 term nated forcause. The notification of planned changes or anticipated noncompliance does nat.stay any -permit condition [40 CFR 122.41(Q].r�`_ 6. Annual Administering and Compliance Monitp"r"ing Fec..Reuiremens The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the,fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division{to-inii ate action to revoke the permit SECTION C: OPERATION AND MAI 1. CONTROLS The permittee shall at all;times properly operate and maintain all facilities and systems of treatment and control (and relate&Appurtenances) which are installed or used by the permittee to achieve compliance with the conditi ns 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 Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. Bypa55ing of Stormwate[ Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part III Page 5 of 9 Permit No. NCS000312 DRAFT c. The permittee submitted notices as required under, Part I11, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative SamplinE 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 122.41(j)]. 2. 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 measuremer b. The individual(s) who performed the sampling'6r,measure C. The date(s) analyses were performed; $`g" d. The individual(s) who performed the a nalys ,,p;,s�� e. The analytical techniques or methods used; nd , f. The results of such analyses. " A 3. Flow Measurements Where required, appropriate fl.6, messi3 scientific practices shall be selected and of the volume of monitored�dischar es nent devices and methods consistent with accepted d to ensure the accuracy and reliability of measurements 4. Test Procedures`'`i,�����.< Test procedures for the,analysis of pollutants shall conform to the EMC regulations published u U: pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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. PartIll Page 6 of 9 Permit No. NCS000312 DRAFT 6. Records Betgotion Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (D M Rs), 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 anytime [40 CFR 122.41]. 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 then 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 he required'by�law, to::\ r� a. Enter upon the permittee's premises where a r or where records must be kept under the condi b. Have access to and copy, at reasonable times, a of this permit; c. Inspect at reasonable times any facilities, equif equipment), practices, opoperatirons'�regulated' cility or activity is located or conducted, s permit; that must be kept under the conditions mt (including monitoring and control required under this permit; and d. Sample or monitor at reasonabI Ai es, 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)]. `C SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (https:Hdeq.ne.gov/about/divisiOns/ellergy- mineral-land-resourceslnpdes-stormwater-individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling, results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part l I l Page 7 of 9 Permit No. NCS000312 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ailabilitv of Re Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any y-false statement on an such report may s� , r Y P Y result in the imposition of criminal penalties as provided fdr' n NCG5,143-215.6B or in Section 309 of the Federal Act.,;R se,3a 4. (von-Stormwater Discharggs, f Ott If the storm event monitored in accordance with, this,permit'coincides with a non-Stormwater discharge, the permittee shall separately mo tonall'parameters as required under all other applicable discharge permits and provid�e�this information with the stormwater discharge monitoring report. f' - 5. Planned Changes i The permittee shall give notice -'Co 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 tolnotificatiot� requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. aoiils The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Byaass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 8 of 9 Permit No. NCS000312 DRAFT 9. Twenty-four Hour _Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within S 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(1)(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� ,r The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 C1711,122..41(1)(7)]. 11. Other Information Where the Permittee becomes aware that application, or submitted incorrect inforri Director, it shall promptly submit such fai to submit any relevant facts in a permit a,permit application or in any report to the �rmation [40 CFR 122.41(I)(8)]. Part III Page 9 of 9 NCS000312 DRAFT PERMIT PART IV DEFINITIONS 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 assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weaathendoes not exempt the permittee from having to file a monitoring report in accordance with the sampliing schedule. Adverse events and failures to monitor must also be explained and reported on'the relevantsDMR. 3. Allowable Non-Stormwater Dischar es "T-Ir This permit regulates stormwater discharges. However; non-stormwater discharges which shall be allowed in the stormwater conveyance system include:;,�,�� a. All other discharges that are authorized by a'noi stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of unc6ntaminate{d potable water, waterline and fire hydrant .r, d r �r flushings, water from footing drains, flowsFrom riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -righting training, or emergency shower or eye wash as a result of use in. th e event�of emergency. 4. Best Manages ement PracticfBMPs ,g Measures or practices used to reduCe'the amount of pollution entering surface waters. BMPs may take the form of a process, activity', physical structure. More information on BMPs can be found at: S.Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close ..^^.riot, . tO each ethe . having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage [COQ is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 3. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or_DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCS000312 DRAFT 11. EM1 The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior., The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is,repr'esentative for local storm events during the sampling period, and obtains approval'from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional,Office, a written approval letter must be kept on site in the permittee's SPPP. 16. A stormwater collection system within an'incorporated area of local self-government such as a city or 1i 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 Imachiner122y, raw materials, intermediate products, by products, final products, or waste products E40 CFR S (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19, Permit Issuing_Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000312 DRAFT 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 2 S-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table 11,(rganic priority pollutants), Table III (certain metals, cyanides, and phenols) dr,Table IV (certain toxic pollutants and hazardous substances);'a&�,�"g. ii. Is listed as a hazardous substance pursuant.to sectiond11(b) (2)(A) of the CWA at 40 CFR 116.4; or xll 5'.A. '� iii. Is a pollutant for which EPA has published acultte or chronic water quality criteria. X,;'E 25. Sever Property Damage a�°i 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'liypassl�i.Seve're property damage does not mean economic loss caused by delays in production �Y 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; hazard ousrsubstances�designated under section 101(14) of CERCLA; any chemical the facility is required to report;pursuant to section 313 of Title III of SARA; fertilizers, pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall [SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater Flows directly or indirectly into waters of the State of North Carolina. 29, Stormwater Runoff The Flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000312 DRAFT 30, Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TM DLs for the state of North Carolina can be found athttps:lldCg.nC.gov/abQutldiyi5ions/3yi1ter-rg5ourcaa/planning/modeling- assessment/tmdls/draft-and-approved-tmdis. 33. Toxic Pollutant AIN Any pollutant listed as toxic under Section 307(a) (1)pofthe`Clean Water Act. P 1 34. Vehicle Maintenance Activity �i s Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. For the purposes of this permit, vehicle maintenance activity includes equipment maintenance that uses hydraulic oil an that is, stored or used outside, or otherwise exposed to stormwater. 35. Visible Sedimentation`` Solid particulate matter, both, minerarand organic, that has been or is being transported by water, air, gravity, or ice from its site aforigin.which can be seen with the unaided eye. 36. The maximum 24-hour precipitatio�n event expected to be equaled or exceeded, on the average, once in 25 years. / ( 1! Part IV Page 4 of 4 Pages North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary Susi H. Hamilton May 16, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: DART Acquisitions, LLC; NCS000312 Dear Bradley Bennett: N CNH D E-6043 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https:llwww.fws, gQvlofficeslDi rectoWListOffices. cfm'statecod a=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919) 707-8107 LOCATION: 1651 Mall Service Center www.ncnhp.or9 121 bleat Jones Street RaWo, NC 27699-1651 Reieiph, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area DART Acquisitions, LLC Project No. NCS000312 May 16, 2018 NCNHDE-6043 Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very --- Endangered G3 S2 Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner T e Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found at hW&Jlncnhde.natureserve.orelcontent(helo. Data query generated on May 16, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 9, 55 Bennett, Bradley From: Scot Madix <SMadix@dartworldwide.com> Sent: Tuesday, May 22, 2018 11:36 AM To: Bennett, Bradley Subject: Re: [External] Re. Permit Renewal for Stormwater Permit NCS000312 Attachments: doc01091520180521231253.pdf Mr. Bennett, Attached are summaries for the Stormwater Reports for 2018-2013. Let me know if you need anything else. Scot DART Acquisitions From: Scot Madix Sent: Friday, May 18, 2018 4:50:51 PM To: Bennett, Bradley Subject: Re: [External] Re: Permit Renewal for Stormwater Permit NC5000312 Mr. Bennett, I have been working on getting the items you requested. Please see below: 1) Remove James G. Kreger and add my info as a contact: Scot Madix, 248-860-0703 2) 35 degrees, 16' 37" N / 80 degrees 52' 17" W 7 35,16. 421 90. 5-2. 14 3) 1 am still gathering these reports and will have them to you soon. 4) There have been no changes. I will send you the reports early next week. Let me know if need anything else. Scot DART Acquisitions From: Bennett, Bradley <bradley.bennett@ncdenr.gov> Sent: Wednesday, May 16, 2018 3:47:34 PM To: Scot Madix Subject: RE: [External] Re: Permit Renewal for Stormwater Permit NCS000312 Mr. Madix, Thanks for talking with me a few weeks ago and for sending a copy of the renewal application for your facility. As I indicated in the call, I will be working on this renewal process. I have a few other permits I am drafting right now, but will probably be starting with your facility within the next week. Since the previous renewal application came in back in 2013 I'm guessing there may be some changes that we should discuss and possibly have documented for the renewal. In addition, here are a few additional items that would be helpful if you can provide updates: • 1 have attached a printout of contacts we have in our database for the facility. Can you please review this and let me know the changes to contacts that we need to make and if the owner/facility information is still accurate? • We will have to work to get accurate outfall location information in our system in order to meet federal requirements for electronic reporting. If you could provide the lat/long coordinates for your outfall points that would be helpful. If you can provide summary monitoring information since your application submittal in October 2013 that would be help as well. Let me know about any changes that have occurred in your facility or processes since your application submittal. If there have been changes that have led to site plan updates, please provide a more recent copy of the site plan. Once I get started on drafting the permit it may be useful for us to have conference call to talk about your site and the renewal process. Thanks From: Scot Madix(mailto:SMadix@dartworldwide.com) Sent: Thursday, April 26, 2018 12:51 PM To: Bennett, Bradley <bradley.bennett@ncdenr.gov> Subject: [External] Re: Permit Renewal for,Stormwater Permit NCS000312 Mr. Bennett, Good afternoon. Attached is the Stormwater Permit Renewal for DART Acquisitions. Please let me know if you need anything else. Scot DART Acquisitions 248-860-0703 From: Scot Madix Sent: Tuesday, April 17, 2018 1:41:18 PM To: bradley.bennett@ncdenr.gov Subject: Permit Renewal for Stormwater Permit NC5000312 Mr. Bennett, Good afternoon. I was just forwarded this email from you regarding our stormwater permit. Mr. Kreger has retired so I will be assisting with this issue. Let me know what time works for you for a call. I will be available most of today and tomorrow afternoon. My contact number is 248-860-0703. Just let me know what works for you. Scot Madix DART Acquisitions From: Bennett, Bradley <bradley. bennett@ncdenr.gov> Sent: Wednesday, April 11, 2018 3:42 PM To: James G Kreger Subject: Permit Renewal for Stormwater Permit NCSO00312 Mr. Kreger, First of all I wanted to apologize for the time it has taken us to get to the renewal request for this facility. We realize that you have been waiting a while for this process to start and appreciate your continued implementation under the previous permit. I wanted to make sure that you are still our contact person for the stormwater permit for this facility. If not, can you please direct me to the correct contact. I would like to set up a conference call to discuss the renewal process when that works for appropriate staff with DART Acquisitions LLC. I am a part time employee so I'm only in the office part of the week. I am out of the office the rest of this week but should be back in Monday — Wednesday of next week (April 16-18). If there are time early next week that we can talk, please let me know. Thanks for your help. Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: brad ley. ben nett@ncdenr.nov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws DISPOSAL AND nkCYCUNG TECHNOLOGIES 4132 Pompano Rd. Charlotte, NC 704-395-9559 October 24, 2013 VIA CERTIFIED MAIL/RETURN RECEIPT 7011 0470 000 6707 702.1 Mr. Bradley Bennett, Supervisor Stormwater Permitting Program NCDENR Division o1'Energy, .Mineral, and Lane! Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 2769.9-1612 Subject. NPD1 S Stormwater Permit Renewal DART Acquisitions, LLC Permit Number NCS0003.12 Mecklenburg County Dear Mr. Bennett: Enclosed is an applicationf'or the .renewal of the NI'DES Stornuwater Permit for the above mentioned Facility, which expires April 30, 2014. DART Acquisitions, LLC. prepared the application following the instruction as requested in your letter dated October 18, 2013. DART Acquisitions, LLC has completed and enclosed an original and one copy of the renewal application form and the supplemental information. Should you any questions regarding the enclosed information, please contact me at (740) 395-9559. Sincerely, t� James G. Kreger Compliance Manager f ,4 A Permit Coverage �+W,,�,, Renee+ I�APplt+�atlion dorm umber N S Permit NPDE NCD§ R National Pollutant Discharge Elimination System N obit Stormwater Individual Permit Please provide your permit number in box In the upper right hand corner, complete the Information in the space provided baJow and return the completed renewal form along with the required supplemental information to the address indicated. Owner Information * Reissued permit will be mailed to the owner address Owner / Organization Name: DART Acquisitions, LLC Owner Contact: Erik Bomireto—�-�-� -- - -- Mailing Address: 4132 Pompano Road -Charlotte, NC 28216_ 'hone Number: 704-395-9559 :ax Number: 704-395-9579 mall address: erikbdartworidwide.corn =acility Name: :acility Physical Address: :acility Contact: Mailing Address: 'hone Number: =ax Number: -mail address: n&rmilfign 'ermit Contact: Bailing Address: 'hone Number: 'ax Number: :-mail address: A harge_;Inforrnation teceiving Stream: itream Class: 3asin: aub-Basln: Jurnber of ©utfalls: DART Acquisitions, LLC 4132 Pompano Road Charlotte, NC 28278 _Rick Reed _ 4132 Pompano Roadm _ — Chariotte, NC 28216 704-395-9559 _ 704-395-9579 rreed@dartworldwide.com James G. Kroger 4132 Pompano Road Charlotte, NC 28216 - - — 704-395-9559 704-395-9579 jkreger@dartworldwide.com Stewart Crook Class C Catawba liver Basin 03-18-34 One�. M.M...........�r____.-...._.�...� ._�__.�..� T p )oes this facility discharge to waters listed as impairer) or waters with a Finalized TM DL? ❑ Yes ❑ No M Don't know for infomration on these waters refer to hM2.11hZo.enr.state. nc.gS suL1rnW red_Waters TMDL() :ERTXPICATiON certify that I am Familiar with the information contained in the application and that to the nest of my knowledge and belief ;uch information is true, complete and- accurate. ;Ignature _... �- � _...�., _ _ _ pate .. .. Erik 8bmireto -2mident Print or type name of person signing above Title Stormwater Permitting Program Please return this completed application form Individual Permit Renewal and requested supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAII. NPDES STORMWATER PERMIT Twq�copies oreach of'the following shall accompany this submittal in carder For the application to be considered complete: (Do not submit the site Storn}water Pollution Prevention Plan) Initials e-�'�f I. A Current Site Map from the Storn.iwater pollution Prevention Plan. The location of industrial activities (including; storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during~ the term orthe existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of table including such items as outt'all number, parameters sampled, lab results, date sampled, and storm event data.4. 3. A summary of the Visual Monitoring results. Do not submit individual monitoring; reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Hest .Management Practices utilized at the permitted ajefhty, Summary shouldconsist of a short narrative description of each BMP's in place at the facility. if the implementation of any BMI''s is planned, please include information on these l3MP's. S. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant. changes could include the addition or deletionof work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6, Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to tiling the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that tr►casures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. I t i {I Clll i ling # EEE EEEE l � I ( (Ilkit !9 F OD" i O k[ j i rl 0 I 1 f I 68 f - - .............. .............. ...._._................. ...._.I_ „,,,...........,....,..-.- If J I I ' 1 LIUf-j Vic, 6j Bj3 iR — - I ------ ----- .. - 1 Summary of Analytical Monitoring DART Acquisitions, LI,C Charlotte, North Carolina 29216 Pernik Number NCS000312 Stormwater Discharge Outfall # 001, .Sample Collection Date ^ Total Rainfall TSS1 COD Pq moleldlyr September 28, 2009 �... Inches ti....__.__-.0.39—^.'..T.m.T m911 3.6 mg,11 19 U► ils L5,6J7 Marchh 22, 2010 0.45 36 14 6.84 October 26, 2010 0.65 13 62 6.04 March 4, 2011 1,04 7.2 I5 6.15 October 19, 201 1 0.25 < 3.3 18 6 A5 May 14, 2012 0.30 8.1 76 6.18 November 15, 2012 0.15 13 150� 6.98 .14nu3ry9, 2012 * 0.60 n/a 40 n/a February 1, 2012 * 7 0.80 n/a 37 n/a May 6, 2013 0.22 11 54 7.34 .............--- * Additional COD analytical was conducted due to the elevated value noted during the November 12, 2012 sampling event to confirm compliance. ** Two more sampling events still need to be completed for a total often (10) as stipulated in the facility's Table 2 "Monitoring Schedule". final analytical will be sent to NCDENR Water Quality when data becomes available. Summary of Visual Monitoring DART Acquisitions, LLC Charlotte, North Carolina 28216 Permit Number NCS000312 Stormwater Discharge Outfall # 001 .'Date r f ,Trine '' ids ctor Cfllor _- 1 ©dor .. : - Clarity _ Floating - ; Solids ' _ Suspended:_ = Sollds -Foam _ : ' .Oita Sheen4. �>;rasion! .. De nsitvn Q#tier Obvious.Iacilcators . ,of:Stortaiwater'Pollution 8/612009 7:45 am G. Missouri Clear None Clear t Leaves None None None ; None None 8/31/2009 8:00 am J. Gaither Clear None Clear Leaves None i None None None None j 9/16/2009 3:OQ m B. PresleyBrown None Clear Leaves None ; None None None None 1 9/21/2009 8:00 am ' B. Presley --_Brown None ' Clear Leaves None None None None None 9/28/2009 { 10:22 am J. Williams Clear None ` Clear Leaves None j None_I None None None 10/8/2009 8.00 am J.Williams Clear '`lone ` Clear None None None ( None None None 10/13/2009 7:20 am S. Swo a Brown None j Cloud Leaves None None 1 Slight None None 10/15/2009 9:00 am B. Presley Brown None Cloudy Leaves None None i None None ; None 10126!2009 8:40 am S.Svyo Amber None Clear Leaves None None. None None j None 10/2812009 8:00 am J. Gaither Clear None Clear None None None i None None None 1213/2009 $:30 am J.Gaither Clear None Clear None None done i None None {None 12/28/2009 7:30 am S.Swope Brown None Cloudy None None done I. None None None ' 2 1/25/2010 8:00 am . J.Gaither Clear None Clear Leaves None None None ' None None ' 3/22!2010 12:30 prn S. Swope Brown None Clear None ( None None None None None 7/19/2010 8:00 am S. Swo e Brown None j Cloudy Leaves ? None None Slight None None 7/28/2010 7:45 am S Swo Brown None Clear Leaves None None Slight None i None l 8/7/2010 9:00 am B. Presley Brown None Cloudy,Leaves None None :' None None None 8/9/2010 j 8:00 am B.Presley Brown None Cloudy Leaves None None None i None None i 8/1612010 8:20 am S. Swope Brown None Cloudy Leaves None None none None None 8!26/2010 1:49 pm B .Preslev Brown Mild Cloudv ! Leaves None None None None None 9/27/2010 8:30 am B. PresleyBrown None Cloudy ! Leaves 1 Slight f 10/412010 8.15 am B. Presle Brown Mild Cloudy Leaves None None None J None None l 10/26/2010 4.15 pm S.Swo a Brown None Cloudy Leaves None None None ;None None 1 1130/2010 1:45 pm z B. PresleyBrown I Mild Clear Leaves None None None °: None None Page I of 4 Summary of Visual Monitoring DART Acquisitions.. LLC Charlotte. North Carolina 28216 Permit Number NCS000312 Stormwater Discharge Outfall 4 001 Time -'`, -~Jmpector `Color Odor: �' I clarity . Floating Solids _ Suspended„ --' $olids- `Foam;,.,: Oil sheen : larosionf .De lsito6 DtheaObviousJxldicatcrrs of Stormwater Pollution . ( 1/13/2011 11:00am S. S!� Clear None I Clear Leaves None None None ; None None 2/2/201 1 8:00 am B.Presley Brown None '; Cloudy Leaves None ! None None None None 2/4/2011 ! 9:19 am I B. PresleyBrown None j Clear Leaves None None Slight None None 2/7/2011 1 8:30 am S. Swope Brown None ` Clear Leaves None ! None Slight None ?`=one 3/11201 1 8:00 am C. Thomas Brown None Clear Leaves None None ; None None I None 3/2$/201 ] 8:00 am B. Presley Brwon None Cloudy None None None ' None None !None 7/14/'2011 8,00 ant S. Swope Clear None Cloudy Leaves None None ; Slight None None 8/5/201 1 3:30 pm S. Swope ! Brown None Cloudy Leaves. None None ( Slight None None 18/8/2011 2:30 Pm S.Swo e Clear None Clear Leaves None None None None None $/ 12/2p 11 9;30 am S. Swope Clear 'None Clear None None None one None 9/7/201 1 ! 2:45 prn G. Missouri Clear 1 None Clear None None None None None None 10/6/2011 ! 1:30 Pm J. Kreger Clear None I Clear None None ! None None 1 None None 10/19/2011 8:15 am J. Kre er Clear \one If Clear Leaves None None None None None 10/28/201 1 9:30 am J.Kre er Clear None Clear Leaves Notre i None None None None 11/17/2011 2.55 pm J.KLe er Brown None Clear None None None None None None 1 1/23/201 1 7:45 am J.t r er !Brown None Cloudy Leaves None None None None None 12/1/201 1 8:30 am G. Missouri Clear None Clear Leaves None None Slight None None ! 12/28/201 1 12.00 prn J. Kre er Brown ; None Cloudy Leaves None None None None None 1l13/2012 00 m J.Kreaer Clear None Clear Leaves None None None None None i 1/23/2012 0.00 am rl J.Kre er Clear None Clear Leaves None None None None None i 2/7I2012 2:00m J.Kre er Clear None Clear Leaves None None ! None None ! None 12/21/2012 0:00 am J.Kre er i Clear , None Clear Leaves :done None None None None 3113/2012 7:30 am J. Kres er j Clear i None Clear None None None None None None 3/25/2012 1 11:15 am J. Kreger Clear None Clear 1 None None , None None None None Page 2 of 4 Summary of Visual Monitoring DART Acquisitions, LLC Charlotte, North Carolina 28216 Permit Number NCS000312 Stormwater Discharge Outfall 4 001 Tine _ I�tspector .. Colar : Odor, ;;Clarity Floating. :Solids. : `Suspended -• Solids Foam ail = _ Sheen Erosion/ De sitoc� Other abVious Indicators_ _ of Stor€nwater Pollution 4/17/2012 8:30 am , J. Kreeer Clear None Clear None None None None None ; None 4,130/2012 5:00 prn J.Kre er Clear None Clear None None None None None None 5110 2012 12:00 prn € J.Kreger Clear None Clear Leaves None None None None None 5/18/2012 10:00 am J. Kre er Clear None Clear None None None None None None 5/25/2012 8:00 am J. Kreger Clear None . Clear None None None None None None 5/30/2012 3:00 pm J.Kre er Clear None Clear None None None None j None None 7/16/2012 8:20 am G. Missouri Clear I None Clear Leaves None None None None None i 7/1 W2012 9:38 am G. Missouri Clear None Clear Leaves None i None None None None 7/23/2012 9:36 am I G. Missouri Clear None Clear Leaves None None None None None 8/20/2412 12:37 pm j G. Missouri Clear Nane Clear Leaves None I None None None None 9/18/2012 12:04 pm i J.Kreaer Clear None Clear Leaves None I None None None None 9/21/2012 2.27 prn I G. Missouri Clear None Clear Leaves I None None ; None None None 10/1/2012 1.1:00 am j G.Missouri. Clear None Clear Leaves None None ! None None I None 10/22/2012 12.00 pm G. Missouri Clear 1 None Clear Leaves None None z None None None 11/12/2012 8:45 am J. Kreger Brown . None Cloudy Leaves None None None I None None 11/27/2012 7 A 5 am J. Kreger Brown I None i Cloud v Leaves None None None None None 12/19/2012 11:07 am J. Kre er Clear None Clear Leaves None None Sli ht None None 12/28;20E2 12:00am Kreger Brown None Cloudv Leaves None I None ; None None None _ 1/8/2013 9:43 aml J. Kreger Brown None Cloudy Leaves None None None None None 1/16f1-013 ; 10:30am JXK er Clear None Clear None None None None None None , 2/8/2012 2:45 m J. Kreger Clear None ; C1ear None None None None I None None 2/25/2013 7:15 am G. Missouri Clear None { Clear ( Leaves '_, None None None None None 3/5/2013 10:10 am J. Kreger ! Clear None ` Clear None None None None None None I 3/8/2013 7:50 am J.Kreser Clear None Clear Leaves None None None None None Page ') of 4 Summary of Visual Monitoring DART Acquisitions, LLC Charlotte, North Carolina 28216 Permit Number NCS000312 Stormwater Discharge Outfall 4 001 Date Trine ' Inspector Color ._ {ldor . :Clarity Floatiig;: =="Solids ' Suspended : Solids ; '.Foam _ . Oil Sheen Erosion/ : De .siton'- Otiier:.Obvious Indicators' of StormWatei .Pollution' 3/14/2013 8:10 am J. Kreger- Clear None Clear None None None ! None None = None i 3/29/2013 1:40 pm J. Kreger Brown None Cloudv Leaves None None ; None None None 4/10/2013 8.20 am J. Kreger Clear None Clear None None None None None None 4/I2/2013 8:00 am J. Kre er Clear None Clear None None None None None None 4/29120.13 2:25 em J. Kreger Gear None Clear None None None ;None None None 5/1/2013 9:30 am. J. Kreger Clear Nona Clear None None None None None None 5/6/2013 1:05 pm J. Kreger Clear None Clear Leaves None None None None None 5/10/2013 8:15 am J. Kreger Clear None Clear None None None None None None ! 5/23/2013 7:30 am G. Missouri Clear None Clear Leaves None None None None None 6/3/2013 7:30 am G. Missouri Clear None Clear None None None None None None 6/7/2013 7:30 am G. Missouri Clear None Clear Leaves None None None None None t 6/11/2013 8:00 am G. Missouri Clear None Clear Leaves Sl!1±t None None None None 6/2712013 1:40 m J. Kreger Gear None Clear i None None None None None None 7/8/2013 9:1 Q am J. Kre er Clear None Clear None one None None g None None 7/19/2013 8.15 am ! J. Kreger Brown None Cloudy None None None None None None 7130 /2013 10:10 am J. Kre er Brown None Cloudy : Leaves None None None None } None 8/13/201.3 11:40 am J, Kreger Clear None Clear ' None None None Slight None Done 8/21/2013 9:30 am J. Kreger Clear None Clear None None None None None None 8/30/ 2013 12:45 pm J. Kreger Clear None Clear None None None None None None 9/I2/2013 2:10 prn J. Kreger Clear None Clear None None None None None None 9/24/2013 8:25 am J. Kreger I Clear None Clear None None None None None None 10/2/2013 11:25 arts J. Kre er Clear None Clear Leaves Slight None None None None 10/10/2013 8:45 am J. Kre er Clear None Clear None None None None None None Page 4 of 4 Summary of Best Management Practices DART Acquisitions performs the following Best Management Practices ("BMP's") in order to minimize the potential of sources to contribute significant quantities of pollutants to stormwater discharges. Storm water inanaged under this permit consists primarily of runoff from the paved parking lots and roofs of the processing building and covered areas. Stormwater collected in the facility's secondary containment systems is managed separately and processed in DART's on -site wastewater treatment plant and discharged into the sewer system under permit from the local POTW. 2. Incoming bulk wastes for treatment at DART are transferred to process tanks located either inside the processing building or under cover, all with secondary containment. The secondary containment is sufficient to contain the largest tank within the area. 3. Containerized wastes are stored in covered areas or inside the processing building and are protected from the storrnwater. The RCIZA permitted storage areas are equipped with secondary containment designed to contain 10% of the volume of the containers or the volume ol'thc largest container, whichever is greater. 4. Treatment operations occur inside the processing building within secondary containment structures. 5. DART Acquisitions conducts inspections on a routine basis as part of the RCRA permit requirements. Inspections it the facility cover safety, housekeeping and preventive maintenance issues. Items needing corrective action are addressed in a timely manner. 5. During normal operation, the outlet valve for the storrnwater retention basin is closed. As €r matter of practice, the storrnwater within the basin is visually inspected for oil sheen, color, or other obvious indicators of stormwater pollution prior to releasing the basin to Stewart Creek. 7. DART Acquisitions maintains a written Spill Prevention Control and Countermeasure (SPCC) and Contingency plans that specifies procedures to follow in the event of fires. explosions, or unplanned releases at the facility. DART Acquisitions also maintains, in strategic locations throughout the facility, ernergency response equipment and supplies required to expeditiously control spills. The equipment includes oil absorbent, sand bags, hand tools, and personal protective equipment. S. DA►2"f Acquisitions employees receive introductory and annual refresher training on topics such as safety practices, personal protective equipment, housekeeping, chemical hazard communication, and the Contingency Plan and spill response. r lI The 17ollowing changes in industrial activities have occurred at the DARN Iacility since the issuance of the storinwater permit in 2009. In 2011 this facility was purchased from the previous owner fleritage Environmental Services by DART Acquisitions, LI_,C, 2. In 2012 DART reactivated its wastewater treatment system for the treatment of'off=site wastewaters from outside industrial generators and adding a new plate and frame filter lyres for sludge dewatering capabilities. :3. In 2012 DART applied for and was issued a wastewater discharge permit from the City of Charlotte focal POTW. 4. DART added a new process for the shredding of outdated, oft spec, damaged or unsalable consumer goods such as, beer, non-alcoholic beverages, obsolete or discontinued consumer commodities; (toys, health & beauty aids, ctc). All processing at the DART facility is conducted within secondary containment systems and in a manner to prevent the; possible contamination of pollutants into (lie stormwater. Therefore these changes will not have significant impact on the stormwater duality at the facility. CERTIFICATION OF DEVELOPMENT AND IMPLEMENTATION OF STORMWATER POLLUTION PREVENTION PLAN STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: DART Acquisitions, LLC. Permit Number: NCS00031Z Location Address: 413Z Pompano Road, Charlotte, NC 28216 County: Mecklenburg 1 certify, under penalty of law, that the Stormwater Pollution Prevention flan (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" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWAT.ER POLLUTION PREVENTION PI,AN WITH THIS CERTIFICATION. Signature Erik How eto Print or type name of person signing above President Title SPPP Certifir.tEion 5/04.) 1•ewu:tr Outloo�C'�l ebA _ __ _ T'ypc here !r� srazarch Entire Mailbox V f61 M optlolls 10 Sion out Mai!ILL" i� Rf pry Alf i Foiwarri ne_"^t it junki Ciaseq r'�'Calendar Permit Name/Ownership Change Form ii .... ........ . ......... Alexander, Laura [laura.alexander@ncdenr.gov] Contacts You replied on 9/10/2014 8,14 AM. t Deleted Items ((i(i) Sent: Tuesday, September 09, 2014 4:06 PM �} Drafts TO: lames G KrrgHr :m1 Inbnx (113) # Attachments, _CiLiZjAE Lj 2 " KB LOpen as Web Page] ' Junk E-Mail4} Sent Good Afternoon Mr. Kreger, Items We received your annual permit check for NCS000312 and noticed that your company has had a Click to view a folders name change. If you wouldn't mind, please fill out the attached form and return to our office. I'll make the appropriate changes once we receive the signed form. Manage Folders... Thanks for your help! Please let me know if you have any questions. Laura Alexander Stormwater Permitting Program (919) 807-6368 Patterson, Robert From: Patterson, Robert Sent: Tuesday, May 26, 2009 12:32 PM To: 'Hogarth, Craig' Cc: Williams, Janet; Georgoulias, Bethany; Pickle, Ken Subject: RE: NCS000312 SW Renewal Permit, Charlotte Facility Craig, Please see my responses below (in parenthesis) to your specific questions in your last email. If you still have questions about these, feel free to tail us. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mailing) 512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax Email.: robert.pattersonoaa7ncdenr.gov (NOTE NEW EMAIL ADDRESS) Website: http://h2o.enr.state.nc.us/su/stormwater.html "Please consider the environment before printing this email* 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. From: Hogarth, Craig [mailto:Craig.Hogarth@heritage-enviro.com3 Sent: Friday, May 22, 2009 4:28 PM To: Patterson, Robert. Cc: Williams, Janet; Georgoulias, Bethany Subject: RE: NCS000312 SW Renewal Permit, Charlotte Facility Robert, Thank you for sharing your responses, but I guess I am a little disappointed. Heritage wants to work with the DWQ to ensure that practical, reasonable solutions and implementation practices are incorporated into such permits. Heritage has no problem with implementing a SPPP and including it as part of the permitting process, however, the SPPP portion of the permit specifies actions and establishes regulatory conditions, or technical conditions that are required even if they may not be necessary or warranted at the facility. Thousands of permits have been issued in North Carolina and the Division of Water Quality has indicated that future permits may be changed in response to our comments, yet our comments were not considered for this permit? We do not understand this reasoning and would not have commented if we believed it was not important. Specific comments. With respect to recordkeeping comments and all the information being required in the SPPP, Heritage sees no reason why a simple statement along the lines of "in the SPPP or facility records" can not be put in the permit. (Our established practice is to have the SPPP be a stand-alone self-contained document primarily so that the site operator is regularly reminded that NPDES sw regulations pertain to the site. Second, an inspector can review the information easier if it is all in a single document. We don't want our inspectors directed to a file drawer full of miscellaneous records with the instruction, "It's in there, somewhere." We require that the permittee provide readily available documentation that establishes his compliance with the permit requirements.) In section II.A.9 we are unsure whether this comment is addressed in the final permit to "within a reasonable time upon request." This language was used elsewhere in the permit. (Th'e'purpose of an SPPP is to provide a living management tool for the on -site manager responsible for stormwater management. It makes no sense for that on -site manager to have to go elsewhere to obtain portions of his management tool. We require 'immediately upon request' for the SPPP because such a requirement insures that the on -site manager has the tool he is supposed to have, and it is readily available during an inspection.) NCDENR Comment 5 -What happens if the facility is already designed and constructed in a manner to prevent storm water releases? Is the feasibility study required? (If you mean that no stormwater discharges ever occur, then our permit is not required. Or, a facility may be eligible for No Exposure, if the physical facts bear that out, and then neither an SPPP, nor a feasibility study are required. Under any other circumstances, an annual (at least) feasibility study looking for continuous improvement is a permit requirement. The extent of the annual feasibility study quite possibly could be very limited, for example, at a well -run facility. The feasibility study simply records that management has considered potential ways to reduce exposure or polluted stormwater discharges. It frequently happens that the implementation of specific measures is judged infeasible by the facility. That can be an acceptable outcome of the feasibility study.) NCDENR Comment 11 - Just to clarify, the sampling event must meet the following two criteria to be a representative sample: 1) The discharge must be sampled within 30 minutes of opening the valve on the detention basin to release the storm water, and. 2) The discharged water that is sampled needs to include storm water that is accumulated in the detention basin from a qualifying storm water event as determined by a site rain gauge or local weather information. (For 2 above, the discharge water sampled includes stormwater and any other material that may be there mixing with the stormwater at before or during the rainfall.) NCDENR Comment 18 -The permit is not consistent with the federal regulation. Heritage is simply asking that the permit conform with the federal regulation, nothing more or less. (DWQ considers the requirements as within our delegated authority to implement a program that, at a minimum, is at least as stringent as the federal requirements.) Thank you. I will be happy to discuss these issues by telephone, Craig Hogarth Heritage Environmental Services, LLC 7901 West Morris Street Indianapolis, Indiana 46231 (317) 486-2783 Phone tiler:}••,:�,ri'. , _ . °�, From: Patterson, Robert.[mailto:robert.patteeson@ncdenr.gov] Sent: Tuesday, May 19, 2009 1:39 PM To: Hogarth, Craig Cc: Williams, Janet; Georgoulias, Bethany Subject: kE: NCS000312 SW Reriewal Permit, Charlotte Facility Craig / Janet, ` . Typically, we just send our response to comments along with the finalized permit. You seemed particularly concerned about this one, so I wanted to send you a draft of our responses (see attached) to review before we issue it. Please let me know if you have any questions/comments based on our responses. I plan to issue the permit this Friday, 5/22/09. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mailing) 512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax Email: robert.patterson@ncdenr.gov ncdenr.gov (NOTE NEW EMAIL ADDRESS) Website: http://h2o.enr.state.nc.us/su/stormwater.html *Please consider the environment before printing this email* 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. From: Hogarth, Craig [mailto: Craig. Hogarth@heritage-enviro,com] Sent: Tuesday, May 19, 2009 8:39 AM To: Patterson, Robert Cc: Williams, Janet Subject: RE: NCS000312 SW Renewal Permit, Charlotte Facility Robert, Your welcome. I trust that you understand our concern with the language in the permit particularly the SPPP portion. We are willing to answer your questions or further explain our comments as necessary. I have copied, Janet Williams, our compliance manager located in Charlotte. If it would be helpful to you, I am willing to send you an electronic version of the comments. Craig. From: Patterson, Robert [mailto:robert.patterson@ncdenr.gov] Sent: Tuesday, May 19, 2009 7:39 AM To: Hogarth, Craig Subject: NCS000312 SW Renewal Permit, Charlotte Facility Craig, I just wanted to let you know we received your comments dated May 1, 2009. 1 am in the process of reviewing the comments, and writing up a response to your comments to include in the final permit cover letter. If I have any questions about them, I will contact you for more information. I hope to have a final permit and response to comments ready to go in the next day or tw : Thank you for your comments on the draft permit. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ j Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-16-17 (Mailing) 512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax Email: robert.patterson@ncdenr.gov (NOTE NEW EMAIL ADDRESS) Website: http://h2o.enr.state.nc.us/su/stormwater,html . *Please consider the environment before deciding to print this email* 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. 4 - HERITAGE ENVIRONMENTAL SERVICES, LLC �� L�� 7901 West Morris Street Indianapolis, IN 46231 Phone: 317/243-0811 Fax: 3171486-2852 Internet: www.heritage-enviro.com VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED ARTICLE NUMBER 7006 3450 000 15 0924 May 1, 2009 � �•'� • (� V (�j Mr. Robert D. Patterson, PE •�� �� _ O 4 Z��g t Environmental Engineer s �A Stormwater Permitting Unit Wetlands and Stormwater Branch Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail -Service Center Raleigh, North Carolina 27699-1617 Re: Comments to Draft NPDES Stormwater Permit Issued to Heritage Environmental Services, LLC, Mecklenburg County Permit Number: NCS000312 Dear Mr. Patterson: Heritage Environmental Services, LLC offers the following comments pertaining to the above captioned draft permit received on March 31, 2009. Our comments to the draft permit are provided based on practical operating experiences at our facilities, we are seeking clarifications to the terms in the permit, or we are offering suggested changes to the draft permit issued by the North Carolina Department of Environment and Natural Resources. The attached table contains comments pertaining the draft permit issued by the North Carolina Department of Environment and Natural Resources. Heritage trusts that you will find our comments constructive and we are willing to discuss our comments with you to ensure that the permit is protective of human health and the environment and will result in a permit that is practical to implement and administrate. Please feel free to contact me by telephone at (317) 486-2783 or by electronic mail at craig.hogarth@heritage; enviro.com if you have questions, comments, or desire to discuss our comments to the permit in greater detail. cc: J. Williams, NCC cerely, HERI AGE ENVIR NMENTAL SERVICES, LLC 1— Craig G. Hogarth Director of Safety & Compliance 09CH2O13_I18 9 RegdedPaper Kee '7 -&�Pi__ _ — T V COMMENTS TO DRAFT NPDES STORMWATER PERMIT PERMIT NO. NCS000312 HERITAGE ENVIRONMENTAL SERVICES LLC Page Number Permit Section Comment Cover Cover Please insert the effective and expiration dates upon the issuance of the permit 1 I.A. Heritage desires that the section provide clarification that the facility may apply for a No Exposure z Certification during the term of the permit if the facility deems that it qualifies for a No Exposure Certification and follows the NOI requirement. 1 II.A. Heritage views this section as a guidance document for updating the current SPPP at the facility. Heritage is concerned that some of the requirements specified may not be applicable or warranted 2 /. for the facility and failure to follow the specific requirements specified will result in an alleged violation of the NPDES discharge permit simply for not containing every single element identified in Part II. Heritage believes that there should be a statement in the permit stating that this section of the permit is gRidance rather than a regulatory requirement or enforceable section of the permit. 1 II.A.1(d) Heritage assumes that the date is 3 years prior to the effective date of the permit. Please confirm ✓ our assumption. 2 II.A.2.(a) Heritage is a RCRA permitted Treatment, Storage and Disposal facility operating under the strict requirements for such a facility in North Carolina that has been operating under a NPDES stormwater permit for a number of years. We are concerned about the relevance of a feasibility �j study for this facility as there are already numerous structures and processes in place to prevent exposure to stormwater. We are uncertain of the NCDENR's expectation of scope and content pertaining to such a study. 2 II.A.2(b) Heritage desires that clarification be added to the text indicating that this section applies only to tanks (as those devices are defined) containing the designated materials and not containers (e.g., tankers, roll -off boxes) as that term is generally defined under RCRA are not -considered to be within the scope of the section. Heritage is very concerned that materials even solids will be subject to secondary containment under this section and will significantly interfere with the facility operation without any environmental benefit. We are also concerned that the definitions pertaining to materials that require secondary containment in the this section has the potential to require a facility to have secondary containment for virtually any and all liquid materials (including water) and the definition and requirements presume that the facility is not complying with these requirements at this time based on a compliance schedule specified in Part 11I.1 of the era -tit. As a responsible environmental management company, eritage would like to understand 09CH2013 119 J►.Jy�Yi!T S opp t F roof T4-1A t/ \/ pe AC- 154 .02- h .o12 r- COMMENTS TO DRAFT NPDES STORMWATER PERMIT PERMIT NO. NCS000312 HERITAGE ENVIRONMENTAL SERVICES LLC Pa�e Number Permit Section Comment the specific regulatory requirements including(North Carolina regulatory citations that require such secondary containment at the facility (as opposed to good management practices). In addition, a requirement to have a locked manual valve structure inside a facility with limited access and a chain link fence and barbed wire should not be required as stated in the permit. Heritage requests that this requirement be removed from the permit. -- A10 3 II.A.3 Heritage currently operates following a RCRA Contingency Plan reviewed and approved by the NCDENR for hazardous waste and a SPCC plan certified by a North Carolina registered professional engineer. This permit requires yet another plan to address spills for the facility as it pertains to stormwater. Heritage believes the plans in place for addressing releases of hazardous waste and oils at the facility is more than adequate under the circumstances and a new, separate plan to administrate is not necessary. Heritage has no objection to referencing these plans in the SPPP, but developing and implementing an additional plan to administrate is burdensome. Heritage requests that this portion of the permit be revised accordingly. INGL.Lt i> f SPce- W 3 II.A.3 Given the nature of the facility operation, it will be impossible for a responsible person to be present on -site at all times during facility operation. By way of example, a Heritage employee could arrive late in the evening or leave early in the morning to drop-off or pick-up a consignment and a responsible person may not be present. Heritage requests that this requirement be removed in its entirety from the permit. —NU 3 II.A.4 Heritage desires to understand the last sentence in the section. Heritage is uncertain whether the inspection schedule or the results of the actual inspections are to be recorded in the SPPP. If the actual inspection results are to be placed in the SPPP, then Heritage desires that the last sentence be removed from the permit. 4 ILA.9 Heritage requests that the term "immediately upon request" be removed and the phrase `within a 1 D reasonable time upon request" be substituted. This phrase is used in other sections of the permit when the Director is requesting information pertaining to the permit. 5 II.B.Table 1. Heritage has the ability to control stormwater discharge from the facility by means of concrete spill control/detention basin. Heritage is requesting that NCDENR provide clarification on the sampling requirement as identified in Footnote 4. Is discharge sampling required within the first 30 minutes of a discharge event from the detention basin coupled with the requirement that a sample be collected during a representative storm event? Alternatively, is the discharge from a detention basin required within the first 30 minutes of the storm water disc har a event irrespective 09CH2013_I t 8 SPPP COMMENTS TO DRAFT NPDES STORMWATER PERMIT PERMIT NO. NCS000312 HERITAGE ENVIRONMENTAL SERVICES LLC Page Number Permit Section Comment of when the representative storm event occurs (under the notion that a detention basin is providing for solids settling etc.) and whether it is a qualifying event provided stormwater is discharged? In this instance, is it necessary to have a rain gauge at the facility to record storm events or record the storm event from a local rain gauging station? If not, Heritage desires that the requirement for a rain gauge in the permit be removed. Please clarify what "local rain gauge" would be the NCDENR criteria for obtaining stormwater information. (2 6 II.B.Table 2 _ Please adjust the monitoring schedule in Table 2 based on the date of issuance for the permit. 7 II.B.Tier I Heritage assumes that the Tier I event can be recorded in the facility records in lieu of the SPPP. ` 3 Please provide clarifying language in the permit at Item 5. 7 II.B.Tier 11 Heritage assumes that the Tier I event can be recorded in the facility records in lieu of the SPPP. 'I Please provide clarifying language in the permit at Item 4. 8 II.B. The language in the box on Page 8 is conflicting. The first sentence states that the Director must be notified if a parameter exceeds a benchmark value "on more than four occasions," which would J actually occur on the fifth sample but the second half of the sentence indicates that notification is to be submitted within thirty days of receipt of the fourth analytical result. Please clarify which is required. -4 r� (G 9. ILD Heritage's comment pertaining to Table 1 also pertains to Table 5. Please provide clarification. 1 III.A.1 Please clarify that Heritage is operating as an existing facility for the purposes of implementing the SPPP in the second paragraph. Heritage requests that the second sentence of this paragraph be removed from the permit. Please refer to our comments concerning ILA.Para a h 2(b). 3 I11.13.1 Heritage requests that the language in 40 CFR Part 122.61(b) or similar language be added to the permit. — N 0 1 `fit -lam �j�u7. 09CH2013_I 18 "sAO STATE 'OF NORTH CAROLINA , DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE M NCS000312 In compliance with the provisions of North CarolindGene al Statutie1143-215.1, other lawful standards and regulations promulgated and adopted liythe.North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heritage En nmenenti l Services, LLC is hereby authorize discharge stormwater from a facility located at Hefit g ,Environmental Services, LLC 41`32 Pompano Road Charlotte, NC Mecklenburg County to receiving waters. designated as Stewart Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof Note: Draft Permit Dates are Approximate This permit shall become effective March 1, 2009. This permit and the authorization to discharge shall expire at midnight on February 28, 2014. Signed this 23`d day of February, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000312 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. Mon Loring Req' 11 rements Section D: On -Site Vehicle Maintenance Monitoring Requirements f' // l PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: 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 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 0 Permit No. NCS000312 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling P 2. Recording Results 3.- Flow Measurements 4. Test Procedures 5. Representative Out'fall, ' 6. Records Retention 7. Inspection and',Entry, Section E: Reporting Requiremen"t 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 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS :�"• r.' S to It Permit No. NCS000312 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning. on the effective date of the permit and lasting until. expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing,to obtain a No Exposure Certification must submit a No Exposure Certification"NOI-form to the Division; must receive approval by the Division; must maintain no exposure conditons unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the -No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIV Until this permit expires or is modified or 'revoked; the permittee is authorized to discharge stormwater to the surface waters -of North Carolina or separate storm sewer system that has been adequately treated and managed i f accordance with the terms and conditions of this individual permit. All stormwater discharges shall-be'in accordance with the conditions of this permit, J �3 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 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 I Page 1 of 2 SECTION C: LOCATION MAP Permit No, NCS000312 10 5, � )r , jw :t:,- Z" 1,7 ­41 ­41 '14 !:U Heritage Enviroii e nt T Fi gsm M 4M g?. low .w j ...... ..... NCS000312, N 7j Heritage Diviromimital Services, LLC Latitude: 351 16 41" N Longitude: 8011 52' 17" W County; Mecklenburg Receiving Stream: Stewart Greek Stream Class: C Sub -basin: 03-Da-34 (Catav,,ba RNer Basin) Facility Location Part 1 Page 2 of 2 Permit No. NCS000312 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 1I1, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to'contribute to contamination of stormwater discharges. The site plan shall contain t461ollowing: (a): A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's locattbn in relation to transportation routes and surface waters, the name,of the receiving water(s) to which the stormwater outfall{s) discharges, or'ifthe discharge is to a municipal separate storm sewer system, the nameloftlie municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location,rnapq(or,al' ternativ'eIy the site map)'shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed �for 3which a TMDL has been established, and what the parameter(s) of concernfare. North Carolina's 303(d) List can be found here: http://h2o.enr state ne.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (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. Part II Pagel of 10 Permit No. NCS000312 (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 II1, Standard Conditions, Section B, Paragraph 5.. 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 einployed 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 techmcal "and feasibility of changing () Y Y Y g g i e ice, the methods of operations and/or storage practices' to eliminate or reduce exposure of materials and processes to stormwaiterWhere er practical, the permittee shall prevent exposure of all storage areas, matenal.handling operations, and manufacturing or fueling operations:' Th,areas.'Where elimination of exposure is not practical, the stormwater management,plan shall document the feasibility of . diverting the stormwater runoff away bfi areas of potential contamination. (b) Secondary Containment<Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of th&'Superf ihd Amendments and Reauthorization Act (SARA) water priority chemicals;, and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all_suchfftanks and stored materials and their associated secondary containment rcasshall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five 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. Part 11 Page 2 of 10 Permit No. NCS000312 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 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 assbeiated 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 maintenancc and good housekccping programis. all;bc devcloped. The prograin shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activityareas,(including material storage areas, material handling areas, disposal areas, process areas,,loading and unloading areas, and haul roads), all drainage features and structures and existing structural BMPs. The program shall establish schedules of inspections; maintenance, and housekeeping activities of stormwater control systems/as well as facility equipment, facility areas, and facility systems that present,a potential far-stormwater exposure or stormwater pollution. Inspection of material handling, ra eas and regular cleaning schedules of these areas shall .� be incorporated into the program.,\Timely compliance with the established schedules for inspections, maintenanc'; and housekeeping shall be recorded in writing and maintained in the SPPP. /( 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. Facility personnel (or team) 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 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 re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shal I include a re-evaluation of the Part I I Page 3 of 10 ,•- Permit No. NCS0003 l2 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 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 5) to the Director that the changes have been made. 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 daysrseparating inspection dates (unless performed more frequently thanskmi�;Annually) "These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part lI B and C of this permit. .1 "\ 9. Implementation. The permittee shall implement the%Plan. Implementation of the Plan shall include documentation of all monitoring, imeasurements, inspections, maintenance r:_° / I Z: 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 years and made availablle.fa the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 10 Permit No. NCS000312 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 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. I'y; Table 1. Analytical Monitoring Re uirements Dischar e g . �,. Characteristics ` Unit its Measurement Frequencyl Sample Type2 Sample Location3 TSS Total Suspended Solids m /L ,�scmt-annual Grab SDO COD (Chemical Oxygen Demand , ; �, `. 5e �i-annual�,L�� Grab SDO H standard, •\, semi-annual Grab SDO Total Rainfal14 G inches,; > semi-annual ain Gauge - Footnotes: I Measurement Frequency: Twice, er ear Burin a representative storm event for each year until either another P Y g P � Y permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page S of 10 Permit No. NCS000312 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period 2 Sample Number " Start En d Year l -- Period 1 1 March 1, 2009 August 31, 2009 Year 1 — Period 2 2 September 1, 2009 February 28, 2010 Year 2 — Period 1 3 March .1, 2010 August 31; 2010 Year 2 — Period 2 4 September)l, 20 ] 0 February 28, 2011 Year 3 -Period 1 5 March 1 201.1 August 31, 2011 Year 3 — Period 2 6 September 1; 20111 February 29, 2012 Year 4'— Period 1 7 Mai•cfil, 2012— August 31, 2012 Year 4 —Period 2 8 September' 1; 2012 February 28, 2013 Year 5 — Period 1 Year 5 — Period 2 9. 10 c AfehlY, 2013 September 1; 2013 August 31, 2013 February 28, 2014 Footnotes:` I Maintain semi-annual monitoring durmg permit renewal,process. The applicant must continue semi-annual monitoring until the renewed permii is„issued:,v �,,�•� 2 If no discharge occurs during the sampling -period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end ofthi ssw-month sampling period.' / .. The permittee shall report the,analyti 'al results from the first sample with valid results within the monitoring period. The permitte 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark TSS (Total Suspended Solids) mg/L 100 COD (Chemical Oxygen Demand) mg/L 120 pH standard 6-9 Part Il Page 6 of I0 Permit No. NCS000312 .Tier One If: The first -valid sampling results are above a benchmark value, or outside of the benchmark rant7e. for anv parameter at anv outfall Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations, to within the benchmark range. 4. Implement the selected actions within two mop thi of the inspection. 5. Record each instance of a Tier One response,in^the'Stoormwater Pollution Prevention Alan. 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. Tier Two If: During the term of this permit, the first. valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: I . Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part I1 Page 7 of 10 Permit No. NCS000312 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 more than 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 increase or dec of the permit; • require the permittee to install .structural • require the permittee to implement other • require that the permittee implement site Exclusion. for the remainder s; measures; or to qualify for the No Exposure SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part II Page 8 of 10 - Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequppcyl , Monitoring, Location2 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 i�- SDO�`•,� Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: I Measurement Frequency: Twice per year during permit is issued for this facility or until this perm the permittee has submitted the appropriate pape permittee will be considered fora enewal applic the renewed permit is issued. Se lc 2 � r sic cycle, 2 Monitoring Location: Qualitativ6' onitoring sh; regardless of representative outfall status. // Permit No. NCS000312 V f.representative storm event, for each year until either another t is r6voked'or rescinded. If at the end of this permitting cycle work,for a renewal permit before the submittal deadline, the ition. The applicant must continue semi-annual monitoring until edule of monitoring periods through the end of this permitting l be performed at each stormwater discharge outfall (SDO) 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 Discharge Characteristics, Units Measurement Fre uenc i Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month semi-annual Estimate - Part I I Page 9 of 10 Permit No. NCS000312 Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued -for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge 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 mdst be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmarkwalues 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) permittee to increase monitoring, increase ma: ri install stormwater Best Management Practice: Table 6. Benchmark Values4or VAic :nces of benchmark values require the actions, increase record keeping, and/or as provided in Part 11 Section B. Maintenance Analytical Monitoring Discharge Characteristics . Units - Benchmark. pH } standard 6-9 Oil and Grease mg/L 30 ., Total Suspended Solids mg/L .100 Partll Page 10 of 10 Permit No. NCS000312 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 sormwater 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 within 12 months of the effective date of the initial permit issuance. 1� New Facilities applying for coverage for the first time and existing, a ilities previously permitted and applying for renewal under this permit: The Stormwate'r 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 I1, 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 n f The permittee must comply with al Pconditions,of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water A•ct,and is grounds for enforcement action; for permit termination, revocation and reissuance, o modification; or denial of a permit upon renewal application. a. The permittee sha(, complyj� ith standards or prohibitions established under section 307(a) of the Clean Water Aclf& 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 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 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 11 violations are not to exceed PartI1 I Page 1 of 8 9. Permit No. NCS000312 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 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. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed the permittee from any responsibilities, liabilities,ro` under NCGS 143-215.75 et seq. or Section 3 11,# th Property Rights ,66de the institution of any legal action or relieve ilties tri which the permittee is -or may be subject to .r eral.Act, 33 USC 1321. The issuance of this individual permit docs,nbt,convey any property rights in either real'or personal or an exclusiveprivileges,Inor does'it authorize an injury to private property or an invasion of property, Y Y J ►?' p p p Y Y 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. Duttito 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 firie of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part l I l Page 2 of 8 Permit No, NCS000312 10. Penalties for Falsification of Re orts 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 comp] iance 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 dateln order to receive automatic authorization to discharge beyond the expiration date, the permitteeI-hall submit forms and fees as are required by the agency authorized to issue permits no laterthan 180'days prior to the expiration date. Any ennittee thaviias not requested renewal at least 180 days rior[o expiration, or an ermittee that does not P 9 Y,' P ,P � Y P have a permit after the expiration and has not requested renewal at (east',I80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 1143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person ez ept after notice to and approval by the Director. The Director may require modification or revocaiion+and.reissuance of the permit to change the name and incorporate such other requirements ash ay,be necessary under the Clean Water Act. The Permittee is required to notify the Divis on,in wr�ng in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or'iinform ation submitted to the Director shall be signed and certified, a. All applications fo.be c vered 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) 1n 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. 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 overal I 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 [11 Page 3 of 8 Permit No. NCS000312 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. 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 f6nkpowing violations." 44. Individual Permit Modification. Revocation and Reissuance or Ten-nination The issuance -of this individual permit does not prohibii,the individual permit,, revoking and reissuing the individiiaCpei allowed by the laws, rules, and regulations contained,in Tit ,10 and 123; Title 15A of the North Carolina AdirinistrativelC General Statute 143-215.1 et A. - . f7, & _�// Permit Actions irector from reopening and modifying the ;t,-or terminating the individual permit as 40, Code of Federal Regulations, Parts 122 e, Subchapter 2H .0100; and North Carolina The permit may be modified,-revokeil an&reissued, or terminated for cause. The notification of planned changes or anticipated non'com..,plianceidoes not stay any individual permit condition. SECTION C: OPERATION AND -]MAINTENANCE OF POLLUTION CONTROLS 1, Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems bf 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. r 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and PartIll Page 4 of 8 Permit No. NCS000312 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 1. Representative Sampling J/- 1f I�1/i Samples collected and measurements taken, as required herein; slial b "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 #r@ o 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 plcplai/e, and tim e f sampling, measurements, inspection or maintenance activity; b. The individual(}`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. 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 III Page 5 of 8 Permit No. NCS00031.2 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. 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; in fhding all calibration and maintenance records and all original strip chart recordings for continuous momtoring,mstr'umentation, and copies of all reports required by this individual permit for a period of at l ast 5 year's -from the date of the sample, measurement, report or application. This period may beextended by request of the Director at any time. 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 r. separate storm sewer system, an authorized,represent Live of a municipal operator or the separate storm : y N, " 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, F 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 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. Part III Page 6 of 8 Permit No. NCS000312 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability, o�ports Except for data determined to be confidential under NCGS 1,43-21,5:3(ii)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with f.ie 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 accordanc . ith`thislndividu.al 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 i_nformation,with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give iiotice-toj e Director as soon as possible of any planned changes at the permitted facility which could significantly. alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000312 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the -noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported&under 24 hour reporting at the time monitoring reports are submitted. 0. 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 NCS000312 PART 1V LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or- b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragrapli.shall also contain,any other requirements in the Act then applicable.. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE - REQUI REM ENTS'\/ The permittee must pay the administering and compliance moniioring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the.I idividual'Permit. PARTYI DEFINITIONS - I. 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 Discharges This permit regulates stormwater discharges. Nan-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 fire -fighting training. 4. Best Management Practices (BMPs)' Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 5 6. 7. 8. 9 10. Permit No. NCS000312 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. Bulk Storap-e of i.,iouid 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. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act �.� CWA , as amended, 33 . ) USC 1251, et. seq. Division or DW The Division of Water -Quality, Department of EnJironm..ent and'Natural Resources: Director The Director of the Division of WatercQuality, it issuing authority. EMC The North Carolina Environmental Management Commission. 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 3 l l of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area bf local self-government such as a city or town. 15. 'No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000312 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. 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. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater �y Any discernible, confined and -discrete conveyance including, bul not specifically limited to, any pipe, ditch, channel, tunnel. conduit, well, or discrete fissure from which,stormwat�e�or may discharged to waters of the stale. 19. Representative Storm Event A storm event that measures greater than 0.1 mches.af`rainfal['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.Thours without producing any collectable discharge, and then stops, a sample may be collect d'if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status' \.\ Wh n'i i established h t. hedi�harg' f e rt s estab s ed t at e d se o 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�perfoiin analytical'monitoring at a reduced riumber.of outfalls. 21. 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. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA.) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting requirements; and That meets at least one of the following criteria: Part VI Page 3 of Pages Permit No. NCS000312 (1) Is listed in Appendix D of 40 CFR part 122 on'Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 I(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials -,; N Includes, but is not limited to: raw materials; fuels; materials•such,assolvents, detergents, and plastic pellets; finished materials such as metallic products,, raw, materials used in food processing or production; hazardous substances designated under sectionr101(1.4)`.of,CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of,SARA �'fertili ers; pesticides; and waste products such as ashes, slag and sludge that have the. potential to b6-releas� . ith stormwater discharges. 26. Significant Spills Includes, but is not limited to:e] a cs"of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 1.10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 30.,2A).1 , f 27. stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 24. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000312 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the . amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides -the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. a �. 33. - Toxic Pollutant o Any pollutant listed as toxic under Section 307(a)(1):of-the Cle , ater Act. 34. upset^ \ \ Means an exceptional incident in which there is Cinintentional and temporary noncompliance with technology based permit effluentl`mitiAo'ns 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 �'N, "I maintenance, or careless or improper operation. W 35. Vehicle Maintenance Activity Vehicle rehabilitation mechanica` 1 repairs, painting, fueling, lubrication vehicle cleaning operations, or P , P g, g, g P , airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages y NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor DATE: March 27, 2009 TO: Charlotte Observer Division of Water Quality Coleen H. Sullins Director Email: publicnotices@charlotteobserver.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Dee Freeman Secretary Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, March 31, 2009. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Heritage Environmental Services, Inc., 4132 Pompano Rd., Charlotte, INC 28216 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at the above address in Mecklenburg County. The facility discharges to waters designated as Stewart Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000312, are available at the following website: httpa/h2o.enr.state.nc,us/su/publicnotice.htm Or by contacting: Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 Telephone Number: (919)-807-6375 robert.patterson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than April 30, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000312. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919.807.6300 l FAX: 919-807-64941 Customer Service: 1-877.623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 4 Affirmative Action Employer One NorthCarolina Naturally i PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER - RALEIGH, NORTH CAROLINA 27699-1617 Heritage Environmental Services, Inc., 4132 Pompano Rd., Charlotte, NC 28216 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at the above address in Mecklenburg County. The facility discharges to waters designated as Stewart Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000312, are available at the following website: http://h2o.enr.state.nc.us/su/pubiicnotice.htm Or by contacting: Robert Patterson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6375 robert.patterson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than April 30, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000312. LP6326507 .ti The Charlotte Observer Publishing Co. Charlotte, NC North Carolina ) ss Affidavit of Publication Mecklenburg County) THE CHARLOTTE OBSERVER - ------------------------------------------------+------------------------ I STORMWATER PERMITTING UNIT NCSDENR/DWO 1617 MAIL SERVICE CENTER l RALEIGH NC 27699-1677 I I REFERENCE: 30064055 l 6326507 Heritage Environment l I Before the undersigned, a Notary Public of said l County and State, duly authorized to administer l oaths affirmations, etc., personally appeared,• l being duly sworn or affirmed according to low, l doth depose and say that he/she is a representative of The Charlotte Observer l Publishing Company, a corporation organized and doing business under the laws of the State of l Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, I County of Mecklenburg, and State of North Carolinal and that as such he/she is familiar with the l books, records, files, and business of said l Corporation and by reference to the files of said publication, the attached advertisement was l inserted. The following is correctly copied from l the books and files of the aforesaid Corporation: E and Publication. f PUBLISHED ON: 03/31 AD SPACE: 100 LINE FILED ON: 04/03/09 NAME' )Q I I1^v� bl� TITLE:(c- DATE: In Testimony whereof I have hereunto set my hand and affixed my seal, the day and ar aforesaid. COMS'Sion cms May 27, 2ai1 Not�l Expires:'._/--/— J s NCDEN R North Carol ina.Department of Environment and Nat ources Division of Water Quality K Beverly Eaves Perdue Coleen H. Sullins.. e r eman Governor Director ' 5e : retar Y. March 25, 2009 MAR Z ] Mr. Craig Hogarth Heritage Environmental Services, LLC, 7901 West Morris Street DWO.Surfcc, ► Indianapolis, Indiana 46231 �' 'far FrGjWion Subject: Draft NPDES Storinwater Permit Permit No.'NCS000312 Heritage Environmental Services, LLC Mecklenburg County Dear Mr. Hogarth: Enclosed with this letter is a copy of the draft stormwater permit fox 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. Analytical ionitoring parameters have been added to this permit. They include COD, TSS, and•pI-1. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The'permittee' must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of:the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days'apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have.been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark%value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1'guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition ofthe steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part H Section B. Qualitative monitoring is required regardless of representative outfall status. 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 NortliCarollna location: 5.8 7 Salisbury St. Raleigh, Nora Carolina r27604 Service: �gtur���� ' Phone: 919.807-fi3U01 FAX: 919-8Q7-64941 Customer Service: 1-877.523-6748 Internet: www.ncwaterquali�.org An Equal Opportun€ty 1 Affirmative Action Employer 4I Mr. Craig Hogarth Heritage Environmental Services, LLC Permit No. NCS000312 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual.Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: - 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants, in i each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been ' inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 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. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff, as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided'in Part I Section A. _ Please submit any comments to me no later than thirty (30) days. following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about'two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6375. cc: Mooresville Regional Office, Dee Browder Stormwater Permitting Unit Attachments Sincerely, 0,-:; �7,0 Robert D.Tatterson, PE Environmental Engineer Stormwater Permitting Unit K S NCS000312 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE DISCHARGE ELIMINATION Li compliance with the provisions of North Carolina�Gen&ral Statute'143-215.1, other lawful standards and regulations promulgated and adopted b�ythe.North Carolina Environmental Management Commission, and the Federal s Water P,;ollutign Control Act, as amended, Heritage Environmental Services, LLC is hereby authorized..to,discharge stormwater from a'facility located at Heritage,Environmental Services; LLC 4'l'32 Pompano Road Charlotte, NC (,-(,� ;/- Mecklenburg County to receiving waters designated as Stewart Creek, a class C. stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximale This permit shall become effective March 1, 2009. This permit and the authorization to discharge shall expire at midnight on February 28, 2014. Signed this 23`d day of February, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000312 TABLE OF CONTENTS PART I INTRODUCTION Section.k. Individual Permit Coverage Section B: Permitted Activities Section C: Location Map I" a PART I1 MONITORING, CONTROLS, AND LIMLTATIONS-FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan• Section B: Analytical Monitoring Req" uireil entsj Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMW_ ATER INDIVIDUAL PERMITS Section A: 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 T Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i �+r Permit No. NCS000312 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 l:- Representative Sampling .. 2. Recording Results.,'„ ' . 3. Flow Measurements 4. Test Procedures' 5. . Representative Outfa1 1 �. 6. Record Retention.,s 7. Inspection and,•Entryr' Section E: Reporting Requirement 1. Di c arge.fMonitoring Reports 2.. -Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance. 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii :SECTION A: PART I INTRODUCTION INDIVIDUAL PERMIT COVERAGE Permit No. NCS000312 During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122:26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit'requirements. Any owner or operator wishing;to obtain a No Exposure Certification must submit a No Exposure Certification NOI-for`m to the,Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the'No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTT' Until this permit expires or is modified`or revoked; the permittee is authorized to discharge stormwater to the surface -waters ofNorth,Carolina or separate storm sewer system that has been adequately treated and managed,iri-accardance with the terms and conditions of this individual 11 pern-iit. All stormwater discharges shall.,be�in accordance with the conditions of this permit. Any other point source discharge -to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to, violationsof 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 NCS000312 3,, 5 Heritage Lnvironmental Services, LAC; Latitude: 35016 41" M Longitude: 800 52' 17" W County: Mecklenburg Receiving Sb-eam: Stewart Creek Sti,earn Class: C. Sub -basin: 03-M8-34 (Catay.-ba M�er Basin) Permit No. NCS000312 Q40 Facility Location Part I Page 2 of 2 Permit No. NCS000312 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 tows the Plan. This Plan shall be considered public information in accordance with Part Ill, Standard Conditions, Section E, Paragraph 3 of this general permit. Tile Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to'dontribute to contamination of stormwater discharges. The site plan shall contain the,following: •(a) A general location map (USGS quadrangl'e,map or appropriately drafted equivalent map), showing the facility's Zcatibn in relation to transportation routes and surface waters, the nanie.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 natriefofrtlie municipality and the ultimate receiving waters, and -accurate latitude and:,longitude of the point(s) of discharge. The general locationlmap,(or.alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed;fo"hich a TMDL has been established, and what the parameter(s) of concern care. North Carolina's 303(d) List can be found here: http://h2o.enr state nc.us/tmdl/Gencral_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (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. Part 11 Page 1 of 10 Permit No. NCS000312 (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 111, Standard Conditions, Section, B, Paragraph 5. 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 LYeeconomic feasibilit of chap in{) Y Y f/ � 1!. Y 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, matenal,handling operations, and manufacturing or fueling operations�_ln areas ere elimination of exposure is not practical, the storrnwater management•plan shall document the feasibility of diverting'the stormwater runoff away from areas of potential contamination. (b) Secondary Containment�Requjrements and Records. Secondary containment is required for: bulk. t ro age of liquid materials; storage in any amount of Section 313 of Title fII of tuperfurid Amendments and Reauthorization Act (SARA) water priority chemicals;`;and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater. runoff. A table or summary of,`all.suchtan ks and stored materials and their associated secondary containment areas -shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior'to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five 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 shal I be based on the asses$ment 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. Part II Page 2 of 10 Permit No. NCS000312 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 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 o�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 programstiall''be�develop d. The. program shall list all-stormwater control. systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, inddstrial activity areas•(including material storage areas, material handling areas, disposal. areas, process areas,.lbading and unloading areas, and —I Ihaul roads), all drainage features and structures, andexisting structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems,las.-well as facility equipment, facility areas, and facility systems that pre sent,a potential for•stortnwater exposure or stormwater pollution. Inspection of material handling,areas and regular cleaning schedules of these areas shall be incorporated into the program,m �Tiniely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the 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. Facility personnel (or team) responsible fbfimplementing.the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific positions) 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 re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. tack annual update shall include a re-evaluation of the Part I Page 3 of 10 Permit No. NCS000312 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 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 5) to the Director that the changes have been made. 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) witha 1east.60 days,separating inspection dates (unless performed more frequently thanmi7annually).,,, 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 shall include documentation of all rr activities, and training provided to e of action's taken to implement BMP vehicle maintenance act vitis)Ksucl e five years and made available•to the immediately upon request.�p,� emenUhOPlan. Implementation of the Plan Ong, Vm asurements, inspections, maintenance yees, including the log of the sampling data and ,diated with the industrial activities, including umentation shall be kept on -site for a period of ,tor or the Director's authorized representative Part II Page 4 of 10 Permit No. NCS000312 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 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.„' Table 1. Analytical Monitoring Requirements Diseharge Measurement Frequency) Sample ' Sample Characteristics Units Type2 Locatio0, TSS Total Suspended Solids mg/L /semi-annual Grab SDO COD (Chemical Oxygen'''! semi-annual Grab SDO /mg/L/` Demand) H standard. \� semi-annual Grab SDO Total Rainfall4 finches;` a' semi-annual . Rain Gauge - Footnotes: _`��-•�' 1 Measurement Frequency: Twice per -year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 5 of 10 Permit No. NCS000312 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted. under a Tier Two response. Table 2. Monitoring Schedule Monitoring per�od�'?` Sam 7e Number'.' n Start `]E d Year 1 —Period I I March 1, 2009 August 31, 2009 Year I — Period 2 2 September 1, 2009 February 28, 2010 Year 2 -- Period 1 3 March 1, 2010 August 31, 2010 Year 2 — Period 2 4 September,l, 2010 February 28, 2011 Year 3 — Period 1 5 March 1;20h1 August 31, 2011 Year 3 — Period 2 6 September- 12017,�,�/' February 29, 2012 Year 4 —Period 1 7 MarchA, 201f August 31, 2012 Year 4 — Period 2 8 Sppfenibdr,'L 2012 February 28, 2013 Year 5 — Period 1 9 .- IVlarch,lr,;013 August 31, 2013 Year 5 — Period 2 I0 September 1, 2013 February 28, 20I4 Footnotes:% f/( Maintain semi-annual monitoring during per nWrenepe6cess. The applicant must continue semi-annual monitoring until the renewed permit is"iss ed. 2 If no discharge occurs during the sampling�period; the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end ofthe''sixmo'nth ampling period. The permittee shall report tlie';analyt al results from the first sample with valid results within the monitoring period. 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). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two, Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark. TSS (Total Suspended Solids) mg/L 100 COD (Chemical Oxygen Demand) mg/L 120 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000312 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at an outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters,of concern, or to bring concentrations to within the benchmark range: 4. Implement the selected actions within two monthssof the inspection. 5. Record each instance of a Tier One response -in the Stoemwater Pollution Prevention Plan. Include the, date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected;acti ns,,and the date the selected actions were implemented. j Tier Two If: During the term of this permit; the first valid sampling results are above the benchmark values, or outside of the benchmark range, for -any specific parameter at a specific discharge outfall two times in a row (consecutive Then: The permittee shall: 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 benclunark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part I1 Page 7 of 10 Permit No. NCS000312 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 more than 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: A- • require that the permittee increase or dec of the permit; • require the permittee to install structural • require the permittee to implement other • require that the permittee implement site Exclusion. , ing frequency for the remainder ntrol measures; or to qualify for the No Exposure SECTION C: QUALITATIVE,MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct se►ni- annual qualitative monitoring] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part I I Page 8 of 10 Permit No. NCS000312 .Table 4. Qualitative Monitoring Requirements Discharge Characteristics, Frequency) Monitoring, Location2 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 outfal I semi-annual SDO'\, rt I/ Other obvious indicators of stormwater pollution semi-annual \SDO \ Footnotes: 1 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. SeeTable r'schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative' monitoring"\shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfal] status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance 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 Discharge Characteristics Units Measurement Fre uenc .J. Sample T ' e2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease mgll semi-annual Grab SDO Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain auge New Motor Oil Usage gallons/month semi-annual Estimate - Part 11 Page 9 of 10 Permit No. NCS000312 Footnotes: 1 Measurement Frequency: Twice per year during a tepresentative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfail (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. I. ' .N Monitoring results shall be compared to the bench markwalues 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 managementfactions, increase record keeping, and/or install stormwater Best Management Practices s (BVMPs), as provided in Part It Section B. Table 6. Benchmark Values::for,;Vehicle Maintenance Analytical Monitoring Discharge Characteristics g Units Benchmark ` PH standard 6-9 Oil and Grease :a°mg/L 30 Total Suspended Solids mg/L 100 Part Il Page 10 of 10 Permit No. NCS000312 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. New Facilities applying for coverage for the first time an`d existing facilities previously permitted and applying for renewal under this permit: The Stormwater, Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, 1s 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 tennination, revocation ands issuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply�w�ith standards or prohibitions established under section 307(a) of the Clean Water Act foe to iid,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 122.4 l (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 I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 ' penalty assessed not to exceed $25,000. Penalties for Class I I violations are not to exceed PartIII Pagel of 8 Permit No. NCS000312 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 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. Civil and Criminal Liability Except as provided in Part Ili, 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 Al711� Nothing in this'individual permit shall be construed to-precl'udd:4he institution of any legal action or relieve the permittee from any responsibilities, liabilities; r-penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the'FederaLAct, 33 USC 1321. 1 ` 6. Property Rights The issuance of this individual'permi 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 ofthis 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. Part I l l Page 2 of 8 Pen -nit No. NCS000312 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 1. individual Permit Expiration The permittee is not authorized to discharge after the expiration date/ln order to receive automatic authorization to discharge beyond the expiration date, the permitteeshall 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 pnoi to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least-l80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS�§1'43 2153.6 and 33 USC'1251 et. seq.. 2. Transfers This permit is not transferable to any person ezcept'after notice to and approval by the Director. The Director'may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as maybe necessary under the Clean Water Act. The Permittee is required to notify the Division,in writing ii►lthe event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, �orlinft� ormatibn submitted to the Director shall be signed and certified. a. All applications to be'co�" vered 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. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000312 Ell 4 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 fol lowing certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties submitting false information, including the possibility of fines and imprisonment foi;knowing violations." The issuance of this individual permit does not r individual permit, revoking and reissuing the inc allowed by the laws, rules, and regulations conta and 123; Title 15A of the North Carolina Adi'mr General Statute 143-215.1 eta]. Permit Actions The permit may be mod changes or anticipated n SECTION C: OPERATION 2. rohibit,the Director from reopening and modifying the ividual`,perin'or terminating the individual permit as inedAn Title.40, Code of Federal Regulations, Parts 122 istrativq;Code, Subchapter 2H .0100; and North Carolina ;issued, or terminated for cause. The notification of planned not stay any individual permit condition. )%MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or, used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000312 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 I1.1, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling 17 Samples collected and measurements taken, as required herein; shall be,characteristic of the volume and nature'of the permitted discharge: Analytical sampli4shall'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 ot6r 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; � 1 b. The individual(s) w1103perf6rmed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were perforated; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215,63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000312 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. Re resentative 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 outfali 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 outfalis. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stornwater 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 it -least 5 ye 'r`s-from the date of the sample, measurement, report or application. This period may beextended' by request of the Director at any time. Inspection and Ena The permittee. shall allow the Director; or an`a6thorized representative (including an authorized contractor acting as a representative of the Director), on the case of a facility'which discharges through a municipal separate storm sewer system,pan°authorized,repre'sentative of a municipal operator or the separate storm sewer system receiving the discharge, upon 'the presentation of credentials and other documents as may be �r required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where recordsmust be kept under the conditions of this individual permit; b. Have access to anid'copy, t 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 (DMR) 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. 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 02I3 .0506. Part Ill Page 6 of 8 - Permit No. NCS000312 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Duplicate signed copies of all reports.required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 1�43 21'5.3(a)(2) o Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance wtth the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by.the Act, analytical data shall not be - considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in- NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges .� !'fit, If the storm event monitored in accordance with this individual permit coincides with a non-stormwater .� discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information.with the stormwater discharge monitoring report. 5. Planned Chances /7 y\1 The permittee shall give notice to-thb Director as soon as possible of any planned chariges-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). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000312 Z11 10. the time the permittce became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncomoliance 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 submif'any_relevant facts in an application for an individual permit or in any report to the Director, it shall p omptly,submit such facts or information. Part I I I Page 8 of 8 NCS000312 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph;shaiI also containn�any other requirements in the Act then applicable. I": "/`•� /� PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIR MENTS\,r'' 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�tiinely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the,lndividual Permit. 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 Discharges This permit regulates stormwater discharges. Nan-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 fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts 1V, V and VI Page 1 of 5 Permit No. NCS000312 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products . Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act_, also known as lie Clean Water Act (CWA), as amended, 33 USC 1251, et. Seq. 8. Division or DWO The Division of Water Quality, Department of Environment and'Natural Resources. 9. Director The Director of the Division of Water Quality, the„permit issuing authority. 10. EMC The North Carolina Environmental M naeement Commission. II. Grab Sample -�!r'' An individual sample collected instantaneously. Grab samples that will be.directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12, Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act, 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14, Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part V I Page 2 of 5 Pages Permit No. NCS000312 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. 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. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. ' Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not.specifi�caily limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which�stonnwyater4iss or may be discharged to waters of the state. < i 19. Representative Storm Event A storm event that measures greater than 0.1 inches df rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inchd'has.oecurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2;hxours without producing any collectable discharge, and then stops, a sample.may be collecd'if a rain pr�uc ting a discharge begins again within the next 10 hours. 20. Representative Outfall Status,"yr' 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. 21. 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 wastewaters utilizing any type of detergent or cleaning agent. 22. Secondary, Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority, Chemical A chemical or chemical category which: 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 That meets at least one of the following criteria: Part V I Page 3 of 5 Pages Permit No. NCS000312 (1) Is listed in Appendix D of 40 CFR part 122 on Table li (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 1 16.4; or (3) is a pollutant for which EPA has published acute or chronic water duality criteria. 24. _Sev_ere_Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materjals,guch,as solvents, detergents, and plastic pellets; finished materials such as metallic products;-raWmaterials used in food processing or production; hazardous substances designated under sectione.101(14)`of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title 11[ of. SA RA; fertilizers; pesticides;.and waste products such as ashes, f, slag and sludge that have the potential to be°released.with Stormwater discharges. `? F 26. Significant Spills Includes but is not limited to:,releases.bPoil or hazardous substances in excess ofreportable quantities es under section 311 of the �lefan Water Act�(Ref: 40 CFR 110.10 and CFR 117:21) or section 102 of CERCLA (Ref: 40 CFR 302.4).J 1 \1. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000312 31 32 33 34 35. 36. 37 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: Total Maximum DailYLoad (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources: A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The'Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Toxic Pollutant Any -pollutant listed as toxic under Section 307(a)(1),of the Clean Water Act. upset f r' Means an exceptionalincident in which there is unintentional and temporary noncompliance with technology based permit effl uent'l imitations 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. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 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. 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 VI Page 5 of 5 Pages VIA FAAO� NCS000312 _ga�`'L -vGc .Ro,�p,�,2--Y Recommendations: Based on the documents reviewed, the application information submitted on October 31, 2006 sufficient to issue an Individual Stormwater Permit. Prepared (Signature) + E✓ '�` Date eP b Y Stormwater Permitting Unit Supervisor Date I j forera-key ns►ett Concurrence by Regional RO Water Quality Date 3 i Date 3�lLf Regional Office Staff Comments S w4- � 1 ►ti 7 c �-�-+^-' 1 GL. k � �-r. � �-ate^-. Awe- • ca 4.� S "�'✓ 5 C_a-V- , cl t 1 l a�� c• tJ� �—lO 4 h L A 11 �y A �- 5 �� Page 5 of 5 CS000312 W A �"� Michael F. Easley, Governor `O O 9Q�i 5 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rColeen S. Sullins Director VDivision of Water Quality is �C r ` STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Heritage Environmental Services, LLC NPDES Permit Number: NCS000312 Facility Location: 4132 Pompano Road, Charlotte, NC (Mecklenburg County) Type of Activity: Hazardous Waste TSD facility SIC Code: 4953 Receiving Streams: Stewart Creek, See Figure 1 River Basin: Catawba River Basin, Sub -basin 03-09-34 Stream Classification: ' C Proposed Permit. Requirements: See attached draft permit. Monitoring Data: See copy of renewal application. Response Requested by (Date): Dece nber .l, 2008 . Central Office Staff Contact: Return to: Roliek'P tte'rsori; (919) 8074375 Special Issues: �S K.F �%F! , Issue: ��.: C ...`X.i"T'4+L--"r'L'R'. 'i9;�1 � :'1i".'3'+ - ,�r•tiYl%&lk—art, � Ratin tSc$1e.�1 eas to`�10hard Com liance histo 1 Benchmark exceedance . 3 Location (TMDL, T&E species, etc 5 Other Challenges: 1 Difficul Ratin 10140 Description of Onsite Activities: • This is a hazardous waste TSD facility. Hazardous. and non -hazardous waste come in by truck, unloaded, tested, and stored under cover. It is then later shipped out. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File, Central Files, EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2004 Catawba Basinwide Plan History: • Date permit first issued: September 29, 1995 • Date permitee-issued: April 5, 2002 • Date permittee submitted renewal application: October 31, 2006 Page 1 of 5 III {' .Cs000312 Central Office Review Summary: 1. Owner's Other Permits: a,;, . • RCRA Permit 2. General Observations: • One of the three loading/unloading areas shown on the site plan is not covered. • Most all of the site is under cover. • The entire site appears to drain to a single outfall at the northeast corner of the property. It is all captured by a concrete basin with the valve closed. After a rain event the water is visually inspected before it is'released to the stream. 3. Impairment: Not on 303d list. Watershed subject to a TMDL for turbidity approved February 8, 2005; and a TMDL for fecal coliform approved March 28, 2002. 4. Threatened and Endangered: None. 5. Industrial Changes_ Since Previous Permit: 5 tanks that were in the building were closed. They stopped doing ww treatment of inorganic wastewater, which eliminated the need for certain ww treatment reagents. 6. Analytical Monitoring Notes: None required in last permit term. 'Mecklenburg county did do some sampling in February 2002, which is provided.in the application package. Copper and Zinc were above the current benchmark, but are hardness dependant. Iron was slightly above the benchmark. Chromium was right at the benchmark. Copper, Zinc, Iron, and Chromium are not in the EPA Sector -Specific permit. The EPA Sector - Specific permit includes monitoring for Ammonia, Magnesium, COD, Arsenic, Cadmium, Cyanide, Lead, Mercury, Selenium, and Silver, ' Most of these were below detection limits or well below the current benchmark, so they°are not added to the analytical monitoring. Magnesium and Cyanide were not tested for. 7. Qualitative Monitoring Notes: Performed as required. Water most of the time had a brown color, with leaves and/or pollen floating. Suspended solids were noted to be minimal. I . Revised Permit Recommendations: Analytical Monitoring: 1. Add COD, pH, and TSS to the analytical monitoring parameters. TSS added due to TMDL for turbidity. COD added due to various possible chemicals on site and it is in the EPA sector -specific permit. Based on the site configuration and monitoring done by the county, the other parameters in the EPA sector -specific permit are not being added. If MRO goes out to the site and feels otherwise based on the site visit, then the parameters can be added. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B, The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. Page 3 of 5 i NCS000312 5.. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II 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. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §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: Craig Hogarth, 317-486-2783, November 21, 2008 Confirmed general observations. Page 4 of 5 4 WCS000312 Recommendations: Based on the documents reviewed, the application information submitted on October 31, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date /1 2t og� Stormwater Permitting Unit Supervisor Date for radley nnett Concurrence by Regional Office RO Water Quality Supervisor Date Page 5 of 5 M Mr. Craig Hogarth Heritage Environmental Services, LLC 7901 West Morris St. Indianapolis, Indiana 46231 Dear Mr. Hogarth: Michael F. Easley, Governor William G. Ross Jr., Secretary Noith'Carolina Department of Environment and Natural Resources lee 1' rector V:.0FV ity 1 November 6, 2008 'REC, ... NOV 10 2008 DWQ-Surfacc Vicf;er Profedon Subject: NPDES Permit Renewal Application Heritage Environmental Services, LLC Permit Number NCS000312 Individual Stormwater Permit Mecklenburg County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000312 on October 31, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. 'Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As 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@ncmail.net. Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Moorseville Regional Office , Stormwater Permitting Unit Files - Central Files N°nc taro ina nturn�l; North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.enr.state.nc,us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Afrmalive Action Employer-50 % Recycled110°% Post Consumer Paper HERITAGE ENVIRONMENTAL SER ATTN: CHRIS ALVIS, OR SUCCESSOR 4132 POMPANO RD CHARLOTTE, ,NC 28216 Dear Permittee: Michael F. Easley, Governor William G. Ross ]r.,.Secretary North Carolina Department'P'&'ironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 .ER Ili 'CATER QUALITY SECT104 Subject: NPDES Stormwater Permit Renewal Heritage Environmental Ser Permit Number NCS000312 Mecklenburg County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000312. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be tiled at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2007. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit . cc: Central Files Stormwater Permitting Unit Files Mooresville Regional Office %,'phChm!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: Wfflk,nMqt0MuaIity.org Location; 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal.0ppodunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper i General Permit Table 8.K-1. Subsector (You may be subject to requirements for more than one sector/subsector) Parameter Benchmark Monitoring Concentration Subsector K1. ALL - Industrial Activity Code "HZ" (Note: permit coverage limited in some States). Benchmarks only applicable to discharges not subject to effluent limitations in 40 CFR Part 445 Subpart A (see below). Ammonia 2.14 m L Total Magnesium 0.064 m L Chemical Oxygen Demand COD 120 m L Total Arsenic 0.15 m Total Cadmium Hardness Dependent Total Cyanide 0.022 m L Total Lead Hardness De endent Total Mercur 0.0014 m L Total Selenium 0.005 m L Total Silver Hardness Dependent ' The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must determine the hardness of the receiving water (see Appendix J, "Calculating Hardness in Receiving Waters for Hardness Dependent Metals," for methodology), in accordance with Part 6.2.1.1, to identify the applicable `hardness range' for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments. Hardness Dependent Benchmarks follow in the table below: Water Hardness Range Cadmium m /L Lead m /L Silver m /L 0-25 m /L 0.0005 0.014 0.0007 25-50 m L 0.0008 0.023 0.0007 50-75 m L 0.0013 0.045 0.0017 75-100 m L 0.0018 0.069 0.0030 100-125 m /L 0.0023 0.095 0.0046 125-150 m L 0.0029 0.122 0.0065 150-175 m L 0.0034 0.151 0.0087 175-200 m L 0.0039 0.182 0.0112 200-225 m L 0.0045 0.213 0.0138 225-250 m L 0.0050 0.246 0.0168 250+ m /L 0.0053 0.262 0.0183 8.K.6 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the permit.) Table 8.K-2 identifies effluent limits that apply to the industrial activities described below. Compliance with these effluent limits is to be determined based on discharges from these industrial activities independent of commingling with any other wastestreams that may be covered under this permit. Stormwater Discharges Associated With Industrial Activity— Sector K 89