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HomeMy WebLinkAboutNCS000543_HISTORICAL WITH APPLICATION_20111020STORIVIINATER DIVISION CODING SHEET PERMIT NO. DOC TYPE El FINAL PERMIT ❑ MONITORING INFO APPLICATION COMPLIANCE ❑ OTHER DOC DATE ❑ ZOtI f0 2c7 YYYYMMDD North Carolina Beverly Eaves Perdue Governor Mr. Mack Cochran Carus Corporation 181 Woodlawn Street Belmont, NC 28012 Dear Mr. Cochran: MCDENR Department of Environment :end Naturai Resources Division of Water Quality Galeen H. Sullins Dee Freeman Director Secretary RECEIVED October 20, 2011 DIVISION OF WATER QUALITY OCT 24 2011 SWP SECTION MOORESVILLE REGIONAL OFFICE Subject: Draft NPDES Stormwater Permit Permit No. NCS000543 Carus Corporation Gaston County Enclosed with this letter is a copy of the revised draft stormwater permit for your facility. The revisions reflect our discussions over the past few months. Due to the changes in the draft, we are required to send it to public notice again. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The revised draft permit contains the following changes from the draft sent to you on March 22, 2011: 1. The benchmark for analytical monitoring for Zinc remains unchanged in this draft permit. However, exceedances of the Zn benchmark value will not trigger increased monitoring in Tier 2. Instead, mandatory BMPs will be implemented as per Part II, Section E. This includes the development and implementation of a monitoring plan for Zn. Please let us know if you have other site specific recommendations for the BMPs in this section. 2. Please note that if any of the other parameters other than Zn trigger Tier 2, then Zn will still be part of the overall monthly monitoring as per footnote 2 in Table 3. 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 revised draft permit, contact me at (919) 807-6375 or robert. patterson@ncdenr.gov Sincerely, IeRp- Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit N atlands and Storwater Branch Ol.e 1 .17 Mail Service Ce;.ler, Re egh, North Carolina 2769�-16'7 No�t1? Carolina L�iglNn: 5'2 N. Salisbury Si Rar:gh 'forth Carolina 21104 -�����'- �� f� f ':or? 91 807-63001 FAX 31f' S07 194 4 Customer i 3rv:-e: ' ;77.623-6748 V1 � ` l er,et: w v.ncmaterqualit, , c vvv n E. 181 C'..Ilunity t Alrrmc! P A, -'an E::. 'oynr Mr. Muck Cochran Carus c 'orpo1 ation Permit No, N`-S000543 October 20, 2011 cc: Slue Ridge Geological Services - Jeffrey L. Gerlock, LG Mooresville Regional Office - Michael Parker Stormwater Permitting Unit Attachments 2 Permit No. NCS000543 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELINUNATION SYSTEM In compliance with the provisions of North Carolina ral S 43-215.1, other lawful standards and regulations promulgated and adopted b orth Carolina Environmental Management Commission, and the Federal Water lut ntrol Act, as amended, is hereby authoriz issSI g stormwater from a facility located at Pus Corporation Woodlawn Street Belmont, NC Gaston County to receiving waters designated as UT to South Fork Catawba River, a class WS-V 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 January 1, 2012. This permit and the authorization to discharge shall expire at midnight on December 31, 2016. Signed this the 171" day of December, 2011. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000543 PART I Section A: Section B: Section C: PART II Section A: Section B: Section C: Section D: Section E: PART III Section A Section B: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map MONITORING, CONTROLS, AND DISCHARGES Stormwater Pollution Prevention Analytical Monitoring Requir f Qualitative Monitoring uir4 PERMITTED On -Site Vehicle to onitoring Requirements Mandatory B Man ent Practices (BMPs) STANDARD MORMONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability b. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NCS000543 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 Flaciljo Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative fal 6. Recor e 7. Inspecti n Section E: Reporting uireme 1. Di4lbWg&pWonitoring Reports 2. Subm mg Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000543 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 §I22.26(g), the facility may qualify for a No Exposure Excl sion from NPDES stormwater discharge permit requirements. Any owner or operator wis o obtain a No Exposure Certification must submit a No Exposure CertificatiJ O to th Division; must receive approval by the Division; must maintain no exposuro io s authorized to discharge under a valid NPDES stormwater permit; and must for t o Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTI Until this permit expires or is stormwater to the surface wat adequately treated and manag permit. All stormwater dischg the permittee is authorized to discharge lina or separate storm sewer system that has been e with the terms and conditions of this individual in accordance with the conditions of this permit. Any other point source disclik&WAurface waters of the state is prohibited unless it is an allowable non-stormwater dTRMIFge 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 I age. ] c !' 2 SECTION C: LOCATION MAP Permit No. NCS000543 NCS000543 Carus Corporation Latitude: 350 16' 02" N Longitude: 810 02' 48" W County: Gaston Receiving Stream: UT to South Ford: Catawba River Stream Index No.: 11-129415.5) Stream Class: WS-V Sui basin: 03-08-35 (:atavvba River Basir) ■y���-��"" r Mks � ;..'+.�� Facility Location Part ! -'a,;e 2 )f2 Permit No. NCS000543 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of thephysical facility and the potential pollutant sources which may be expect d t ribute to contamination of stormwater discharges. The site plan shall corn t wiry`. (a) A general location map (USGS quadr ap or appropriately drafted equivalent map), showing the faci lit ' to in relation to transportation routes and surface waters, the name of t in ater(s) to which the stormwater outfall(s) discharges, or if the ' ch g a municipal separate storm sewer system, the name of the mu ' the ultimate receiving waters, and accurate latitude a d lon ' e oint(s) of discharge. The general location map (or alternati a shall identify whether each receiving water is impaired (on the s ist of impaired waters) or is located in a watershed for c has been established, and what the parameter(s) of concern are (b) A narrative d of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years ands any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of .non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in fart If I, Standard Conditions, Sect'on Part 11 'a';e i ,f 10 Permit No. NCS000543 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherev r practical, the permittee shall prevent exposure of all storage areas, materia ling operations, and manufacturing or fueling operations. Sd a eli ination of exposure is not practical, the stormwater managen a ument the feasibility of diverting the stormwater runoff awayas o otential contamination. (b) Secondary Containment Requireords. Secondary containment is required for: bulk storage of li z/M ; storage in any amount of Section 313 of Title III of the Superf ns and Reauthorization Act (SARA) water priority chemicals; jj`stoAjUjK any amount of hazardous substances, in order to prevZivated a lls contaminating stormwater runoff. A table or summary stored materials and their associated secondary containment tained. If the secondary containment devices are connected toate veyance systems, the connection shall be controlled by manually lees or other similar devices (which shall be secured closed with aechanism), and any stormwater that accumulates in the containment ll 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 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. 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 I': t 11 11_ige 2 of 10 Permit No. NCS000543 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (incl ding material storage areas, material handling areas, disposal areas, process areas o tng and unloading areas, and haul roads), all drainage features and structure d 'ng st ctural BMPs. The program shall establish schedules of inspecti nt and housekeeping activities of stormwater control systems, as w facilit quipment, facility areas, and facility systems that present a potential for st exposure or stormwater pollution. Inspection of material handling areas and IV c ng schedules of these areas shall be incorporated into the program. Tim c e with the established schedules for inspections, maintenance, and house p' s be recorded in writing and maintained in the SPPP. 5. Employee Training. Trai o shall be developed and training provided at a minimum on an annual b ci personnel with responsibilities for: spill response and cleanup, preventat' a main ce activities, and for any of the facility's operations that have the potenti o cont mate stormwater runoff. Facility personnel (or team) responsible for impl a training shall be identified, and their annual training shall be documented signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such r-o6ce, the permit tee shall 11 1'Lsge 3 of 10 Permit No. NCS000543 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 1I B and C of this permit. 9. Implementation. The permittee shall impleme a Impl entation of the Plan shall include documentation of all monitorin a re spections, maintenance activities, and training provided to employees, ding t og of the sampling data and of actions taken to implement BMPs associat a industrial activities, including vehicle maintenance activities. Such doe do all be kept on -site for a period of five years and made available to the Di to irector's authorized representative immediately upon request. Par? 11 Page 4 - •f `0 Permit No. NCS000543 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain oroducin:- a discharge beeins within 10 hours. Table 1. An Monitoring Requirements J%L-/ c r Nomais Total Suspended Solids g m L e qu tePhual ampl m e T!, eZ o Grab SDO Biochemical Oxygen Demand m L Grab SDO Total Phosphorous m L r L s i-annual Grab SDO Zinc, Total Recoverabl Ig/A& semi-annual Grab SDO H s semi-annual Grab SDO Water Hardness m semi-annual Grab I SDO Total Rain fa inc s semi-annual ain Gau e - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Pa,-,[[ Page 5 ,1' 10 Permit No. NCS000543 Table 2. Monitoring Schedule Monitorin criod Year I — Period 1 a ie Num 1 Sta January 1, 2012 •nd June 30, 2012 Year 1 — Period 2 2 July 1, 2012 December 31, 2012 Year 2 - Period 1 3 January 1, 2013 June 30, 2013 Year 2 — Period 2 4 July 1, 2013 December 31, 2013 Year 3 — Period.1 5 January 1, 2014 June 30, 2014 Year 3 — Period 2 6 July 1, 2014 December 31, 2014 Year 4 — Period 1 7 January 1, 2015 June 30, 2015 Year 4 — Period 2 8 July 1, 2015 December 31, 2015 Year 5 — Period 1 9 January 1,,,20,0 June 30, 2016 Year 5 — Period 2 1 10 1 Jy§k l_?4ML December 31, 2016 Footnotes: 1 Maintain semi-annual monitoring during permit renew Permit, the permittee has submitted an application for the permittee will be considered for renewed covera monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling pe ' t "No Flow" within 30 days of the end of the m� h The permittee shall report the ar, permittee shall compare monitor values in Table 3 are not permit Stormwater Pollution Prevent' permittee to increase monito install stormwater Best Man descriptions of Tier One and If expiration of the Individual coverage before the submittal deadline, icant must continue semi-annual Pe must submit a monitoring report indicating ing period. ts`1W each sample within the monitoring period. The kbe benchmark values in Table 3. The benchmark slWuld be used as guidelines for the permittee's 3rincr }. Exceedences of benchmark values require the se management actions, increase record keeping, and/or actices (BMPs) in a tiered program. See below the Total Recoverable Zinc (Zn) is not subject to triggering the increased monitoring requirements of Tier Two. Refer to Part II, Section E. Table 3. Benchmark Values for Analytical Monitoring cha Total Suspended Solids t mg/L c a 100 Biochemical Oxygen Demand mg/L 30 Total Phosphorous mg/L 2 Zinc, Total Recoverablet'z mg/L 0.067 pH standard 6-9 Footnotes: I Benchmark value is dependent on water hardness; value in Table 3 is based nn a water hardness of 50 mg/l. 2 Zn benchmark does not trigger monthly monitoring in "Pier 2, however, Zn monitoring should be included if Tier 2 is triggered by other parameter benchmarks. Part Il P :gr 6 e.' 10 Permit No. NCS000543 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: I. 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 o co rn, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two month f t i 5. Record each instance of a Tier One response in th water lution Prevention Plan. Include the date and value of the benchmark exceedence, e i ion date, the personnel conducting the inspection, the selected actions, and the date ed ions were implemented. ier If: During the term of this permit, th rst v samWesults from two consecutive monitoring periods are above the benchmark values, i benchmark range, for any specific parameter, except Zinc, at a specific discharge outfa Then: The permittee shall: 1. Repeat all the required 'ons ou ned above in Tier One. 2. Immediately institute m onitoring for all parameters, including Zinc, at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. if no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 I- ,gv 7 o" 10 Permit No. NCS000543 This site discharges to impaired waters experiencing problems with low pH, high turbidity, and elevated fecal coliform bacteria. If a Total Maximum Daily Load (TMDL) is approved for this segment of the South Fork Catawba River, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results'to the Division of Water Quality, The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Ston-nwater Pollution Prevention flan. SECTION C: QUALITATIVE MONITORING REQU Qualitative monitoring requires a visual inspection of representative outfall status and shall be performed al monitoring event. Qualitative monitoring is for the p Stormwater Pollution Prevention Plan (SPPP) and aso In the event an atypical condition is noted at a document the suspected cause of the conditi a an discovery. This documentation will be tai Table 4. Qualitative Mon ements PlWaterytitfall regardless of AllljjWe 4, during the analytical of ev ating the effectiveness of the &ew sources of stormwater pollution. outfall, the permittee shall .ctions taken in response to the the SPPP. i c h cte Color a semi-annual ng c � SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the.end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) rep.ardless of representative outfall status. Pal I I Pit ,c 8 of 10 Permit No. NCS000543 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 isc a e a t s i n m e H standard se anqW Grab SDO Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM mg/L s6'nua1%00$FGrab SDO Total Sus ended Solids m L 1 Grab SDO Total Rainfall4. inches l Rain gauge New Motor Oil Usage I gallons/mwofse -annual Estimate - Footnotes; 1 Measurement Frequency: Twice per jinresentative storm event, for each year until either another permit is issued for this facility or u revoked or rescinded. If at the end of this permitting cycle the permtttee has submitted the a opriate ork for a renewal permit before the submittal deadline, the permittee will be considered for renewal p nation. The applicant must continue semi-annual monitoring until the renewed permit is issued. S Table r schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is contr by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analvtical Mon PH standard I 6-9 Non -Polar Oil & Grease / TPH [EPA Method 1664 (SGT-HEM)1 I mg/L ! 15 I I Total Suspended Solids I mg/L 1 100 I Pal 11 11- Ye 9 of 10 Permit No. NCS000543 SECTION E: MANDATORY BEST MANAGEMENT PRACTICIES (BMPS) The Permittee shall implement the following BMPS at this facility and shall include these BMPs in the facility's SPPP: (a.) The Permittee shall ensure entryways and loading/unloading areas near manufacturing areas where zinc exposure could occur are swept and cleaned -up daily, and that cleaning procedures are conspicuously posted within the affected work areas. (b.) The Permittee shall ensure routine evaluations by employee task groups of BMPs intended to reduce zinc exposure and shall identify practices or areas in need of improvement. (c.) The Permittee shall implement BMPs to reduce zinc ex , including but not limited to: storing empty drums and totes indoors; improving pre to ainte ce for any dust collectors; and clean-up from handling and storing of e liquid zinc materials. For BMPS that have already been implemented, the Perm hall en re those practices are maintained as long as they effectively reduce zinc ex (d.) The Permittee shall devise a Monitoring P example, the roof drains, loading docks, an contributions of zinc to stormwater occur, h to DWQ for review and approv May 1, 20121. The Monitoring during representative storm eve the Permittee shall analyze zit sampled event. If averages samples are required. If the mass of zinc in runoff from stormwater discharge outfalls. tng runoff from segregated areas (for er area) to determine where the primary is Monitoring Plan shall be submitted R!i Res of the effective date of this permit [by wire sampling (grab samples) be conducted to other parameters the Pennittee deems useful, 'conce on and estimate flow volume for each be use , the plan should include criteria about how many -Nkewill evaluate the proportion of contribution to the total Wire site, measurements should be taken concurrently at Revisions to the Monitoring Plan shall not require a revision to the Stormwater Permit. Any revision of the Monitoring Plan after the initial review and approval of DWQ shall be accomplished by mutual agreement between DWQ and the Permittee. (e.) For areas the Permittee has determined to be primary contributions to zinc in runoff from this facility, either through the above Monitoring Plan or by other means, the Permittee shall assess BMPS intended to reduce zinc release and exposure from industrial activities, reduce other sources of zinc contamination, and/or capture and treat the runoff with engineered controls. The Permittee shall establish a schedule to implement selected BMPs and shall submit a status report to DWQ outlining progress two and a half years following the effective date of this permit 1by June 30, 20131. I'art 1 i Page 10 U .' 10, Permit No. NCS000543 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 withi�12 months of the effective date of the initial permit issuance. _ -7 New Facilities applying for coverage for the first time J1 e ' to previously permitted and applying for renewal under this permit: The Stormwate ution Pr ton Plan shall be developed and implemented prior to the beginning of discharges from tion of the industrial activity and be updated thereafter on an annual basis. Secondary co nm pecified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to in f discharges from the operation of the industrial activity. Dutv to Comply _ I L The permittee must comply Nsuan of this individual permit. Any permit noncompliance constitutes a violation of thend is grounds for enforcement action; for permit termination, revocation and odification; or denial of a permit upon renewal application. a. The permittee sacompl4fith standards or prohibitions established under section 307(a) of the Clean Water AcIlibligf5ollutants within the time provided in the regulations that establish these standards or proh ns, even if the permit has not yet been modified to incorporate the requirement. 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 I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a). ] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301. 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part Ill Pagel . f I Permit No. NCS000543 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class I I 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. 4. Civil and Criminal Liability Except as provided in Part I11, 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. Furthermor& the permittee is responsible for consequential damages, such as fish kills, even though the re sp sty for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed the permittee from any responsibilities, liabilitic under NCGS 143-215.75 et seq. or Section 31 Iff th 6. Prooerty Rights The issuance of this in, property, or any exclw personal rights, nor an, 7. Severabilily )� institution of any legal action or relieve which the permittee is or may be subject to .33 USC 1321. -onvey any property rights in either real or personal t authorize any injury to private property or any invasion of State or local laws or regulations. The provisions of this indpermit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. PartI1 I P:.gr 2 u1- 8 Permit No. NCS000543 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation; or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. order to receive automatic authorization to discharge beyond the expiration date, the erm' all submit forms and fees as are required by the agency authorized to issue permits no is ha ays e to the expiration date. Any permittee that has not requested renewal at least 180 d pr' to r any permittee that does not have a permit after the expiration and has not requeste wal at le ys prior to expiration, will be subjected to enforcement procedures as provided in N-215.36 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any Director may require modification or incorporate such other requirg�gts r required to notify the Divisid Signatory Requirements All applications, reports, rafte otice to and approval by the Director. The Wary of the permit to change the name and ary under the Clean Water Act. The Permittee is event the permitted facility is sold or closed. submitted to the Director shall be signed and certified. All applications RFRW covered 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 il: (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 manag..r, operator of a well or well field, superintendent, a positioi. of equivalent Part III I'..gr 3 (;: K Permit No. NCS000543 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 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 wledge and belief, true, accurate, and complete. I am aware that there are significa t pe for submitting false information, including the possibility of fines and imprison4 fo 'ng vio,6tions." 4. The issuance of this individual permit does not proh' the r from reopening and modifying the individual permit, revoking and reissuing the ind. i r terminating the individual permit as allowed by the laws, rules, and regulations co the n 0, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina tni ativ ode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified voke issued, or terminated for cause. The notification of planned changes or anticipated no mpliane es not stay any individual permit condition. SECTION C: OPERATION ANWWKINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in 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 , I I Pai7,e 4 of 8 Permit No. NCS000543 There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 2. 4. Representative Sampling Samples collected and measurements taken, as requic nature of the permitted discharge. Analytical samplii event. Samples shall be taken on a day and time that taken before the discharge joins or is diluted by any Monitoring points as specified in this permit sha the Director. J i Recording Results For each measurement, samplE requirements of this individual is of the volume and srfd1W during a representative storm ;tic of the discharge. All samples shall be beam, body of water, or substance. without notification to and approval of lance activity performed or collected pursuant to the shall record the following information: a. The date, exact p]ge, and tirql5f sampling, measurements, inspection or maintenance activity; b. The individual( armed 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. 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 1.16. Part I I I P�, e 5 of 8 Permit No. NCS000543 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 ' tormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the cility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitorin res all also be maintained on -site. The petmittee shall retain records of all monitoring informaf , in all cal' ration and maintenance records and all original strip chart recordings for conti ous ni umentation, and copies of all reports required by this individual permit for a period ast 5 ye om the date of the sample, measurement, report or application. This period may b ed by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, oralothjrzed jFpresentative (including an authorized contractor acting as a representative of the Director , inMaorofa facility which discharges through a municipal separate storm sewer system, h ep tive of a municipal operator or the separate storm sewer system receiving the disk u resentation of credentials and other documents as may be required by law, to; a. Enter upon the p ittee's pr ses where a regulated facility or activity is located or conducted, or where record ust be t under the conditions of this individual permit; b. Have access to a�y, 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 Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring, Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days froin the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part )'I Page 6 n: 8 Permit No. NCS000543 4. 6. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. SubmittinP_ Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water 1617 Mail Service Raleigh, North Carolina' In addition, a separate signed Annual Summary DMR Office (RO) by March 1 of each year. Addresses for each RO and the counties http://portal.ncdenr.org/web/wq/hom Visual monitoring results should not be specifically requested by DWJ& 4 Availability of Reports be submitted to the local DWQ Regional Ran be found here: shall retain the completed originals on site. ,ional Offices or Central Files unless Except for data determine o be con tial under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reALts prep din accordance with the terms shall be available for public inspection at the offices of the DividlJol&Wer Quality. As required by the Act, analytical data shall not be considered confidential. RWWngly 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. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 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. Part 11 1 Page 7 o' 8 Permit No. NCS000543 spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass a. 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 wi n 24 hours of becoming aware of an unanticipated bypass. - V Twentv-four Hour Renortin The permittee shall report to the central office or the a e regional office any noncompliance which may endanger health or the environment. Any info on provided orally within 24 hours from the time the permittee became aware of the circu A itten submission shall also be provided within 5 days of the time the permittee becom aw ircumstances. The written submission shall contain a d 1ph noncompliance, and its causes; the period of noncompliance, including ex tes es, if the noncompliance has not been corrected, the anticipated time compliance is a inue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the non ce. The Director may waive t written r on a case -by -case basis if the oral report has been received within 24 hours. 10, Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. i 1. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Pa 8 of a Permit No. NCS000543 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under provisions of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: R. 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 paragra�sh contain ny other requirements in the Act then applicable. PART V ADMINISTERING AND CE MONITORING FEE REQUI&OWST The permittee must pay the administering and co an o ring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in ely r inqFKance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke th id it. PA 1 DEFINITIONS Act See Clean Water Act. 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. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/storinwater/menuofbmps/index.cfm. ByRass A bypass is the known diversion of stormwater from any portion of a stormwator control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts IV, V and \'. 11agr 1 of Permit No. NCS000543 6. Certificate of Coverage. The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the 10. EMC The North Carolina Environmental Management 12 13 14 Grab Sample An individual sample collected in qualitatively) must be tab Hazardous Substance Any substance designates Landfill A disposal facility or par treatment facility, a surfa a surface storage facility. 1ples that will be analyzed (quantitatively or discharge. 6 pursuant to Section 311 of the Clean Water Act. ity where waste is placed in or on land and which is not a land in injection well, a hazardous waste long-term storage facility or Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No EEx osu_re A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if.a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17. Permittec. The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part V i Page 2 of 4 Page., Permit No. NCS000543 . 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfal I is representative of the discharges at multiple outfalls, the DWQ may grant representative ou II status. Representative outfall status allows the permittee to perform analytical monitoring at representative number of outfalls. oil 22 Secondary Containment Spill containment for the contents of the single largest freeboard to allow for the 25-year, 24-hour storm ever Section 313 Water Prioritv Chemical A chemical or chemical category. which. a. Is listed in 40 CFR 372.65 purse Reauthorization Act (SARA) o to -Know Act of 198 b. Is present at or above 1 requirements, and C. Meets at least one a fo (1) Is listed' appendi III (ce metals yai hazard ces); inment structure plus sufficient 3 of Title III of the Superfund Amendments and the Emergency Planning and Community Right - a facility subject to SARA title III, Section 313 reporting criteria: 40 CFR part 122 on Table II (organic priority pollutants), Table es, and phenols) or Table IV (certain toxic pollutants and (2) Is Iisted�azardous substance pursuant to section 31 1(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 quality criteria. 23. 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.. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI 'ale 3 or4 Pages Permit No. NCS000543 26. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of 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 activ' ' s defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activilieJI&OMded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details mea is based on an evaluation of the pollution potential of 30, Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and water body and pollutant. (A list of appro% http://h2o.enr.state.ne.us/tmdln �& reduce stormwater pollution and 4uality standards, in all seasons, for a specific state of North Carolina can be found at 31, Toxic Pollutant Any pollutant listed as toxic un n a)(I) of the Clean Water Act. 32. Vehicle M Vehicle rehabilitation, m Lcal r airs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operation 33. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. 1,-,rt VI Page 1 n f 4 rages 7 Permit No. NCS000543 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 and adopted by�the,North Carolina Environmental Management Commission, and the Federal Water Poiluttori Control Act, as amended, CARUS,CORPORATION is hereby authorized to,.discl ;arge stormwater from a facility located at irus Corporation Woodlawn Street Belmont, NC Gaston County to receiving waters designated as UT to South Fork Catawba River, a class WS-V 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 June 1, 2011. This permit and the authorization to discharge shall expire at midnight on May 31, 2016. Signed this the 2151 day of May, 2011. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission wr7niy 2 r Permit No. NCS000543 ` 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 C Section A: Stormwater Pollution Prevention Plari , Section B: Analytical Monitoring Re uiremf ents Yt g q,,�/ Section C: Qualitative Monitoring Requirements intenance Section D: On -Site Vehicle Monitoring Requirements PART III 1 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 3. Signatory Requirements e i Permit No. NCS000543 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flaw Measurements 4. Test Procedures 5. Representative Ouffill 6. Records Retention 7. Inspectio and-Ehtry Section E: Reporting Requirements 1. Discharge Mo t ring Reports. 2. A SuU'mitting'�Reports 3. Ava lability of Reports 4.. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ` ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000543 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 CPR § 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 CertificationNOI-form to the•Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid.NPDES stormwater permit; and must reapply for the'No Exposure Exclusion once every five.(5) years. SECTION B: PERMITTED Until this permit expires or is modifie stormwater to the surface waters of N adequately treated and managed,in'aci permit. All stormwater discharges she Any other point source the permittee is authorized to discharge aarolina or separate storm - sewer system that has been nce with the terms and conditions of this individual in accordance with the conditions of this permit. 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 I of 2 SECTION C: LOCATION MAP Permit No. NCS000543 NCS000543 Carus Corporation Latitude: 350 16' 02" N Longitude: 810 02' 48" W County: Gaston Receiving Stream: UT to South Fork Catawba River Stream Index No.: 11-129-(15.5) Stream Class: WS-V Sub -basin: 03-CS-35 (Catawba River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000543 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions,, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain ttie.following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility!! location in relation to transportation routes and surface waters, the name of the receiving. ter(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or aiternativelythe,gite�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 whi& a.TMDL has been established, and what the parameter(s) of concern are. (b)' A narrative i.scption of storage practices, loading and unloading activities, outdoor process er as, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e). Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section Part II Page 1 of 10 Permit No. NCS000543 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management PIan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, materiaDhandling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from,areas of potential contamination. (b) Secondary Containment Requiremen \ebords. Secondary containment is required for: bulk storage of liquiand Rdmatenals; storage in any amount of Section 313 of Title III of the Superfun�l Amend ern nts and Reauthorization Act (SARA) water priority chemicals; ands'torage.in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such•t nks "and stored materials and their associated secondary containment areas,shall be,maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with allockin&mechanism), and any stormwater that accumulates in the containment Tea hall 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 years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of 10 r Permit No. NCS000543 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) maybe a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater'control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas;`loading and unloading areas, and n P ./ haul roads), all drainage features and structures;. andVexisting structural BMPs. The program shall establish schedules of inspections, maintenance,' and housekeeping activities of stormwater control systems, as well as facility•equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and rqular 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 in writing and maintained in the SPPP.�_.%f Employee Training. Training`programs shall be developed and training provided at a minimum on an annual basiss-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 written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part II Page 3 of 10 Permit No. NCS000543 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 'A Z" r 9. Implementation. The permittee shall implemethela�r�i,Implementation of the Plan xv AP shall include documentation of all.monitoring, measurements; inspections, maintenance activities, and training provided to employees including thelog of the sampling data and of actions taken to implement BMPs associated wit&the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made immediately upon re s authorized representative Part II Page 4 of 10 Permit No. NCS000543 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements,' . Discharge Characteristics Units' Measurement Frequencyt Sample Typj2 Sample Location3 Total Sus ended Solids m 7 L semi-annual Grab SDO Biochemical Oxygen Demand m L , isemi-annual Grab SDO Total Phosphorous m L semi-annual Grab SDO Zinc, Total Recoverable �f'm L A, ,semi-annual Grab SDO H standatd. "`\' semi-annual Grab SDO Total Rainfall4 ` rinches, ' semi-annual ain Gauge - Footnotes: 1 Measurement Frequency. Twide.per--year during a representative storm event. z Grab samples shall be collected within the first 30 minutes of discharge, 3 Sample Location. Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 10 Permit No. NCS000543 Table 2. Monitoring Schedule Monitoring periodt'Z Sample Number ' Start - End Year 1 — Period 1 1 June 1, 2011 December 31, 2011 Year 1 — Period 2 2 January 1, 2012 June 30, 2012 Year 2 — Period 1 3 July 1, 2012 December 31, 2012 Year 2 — Period 2 4 January 1, 2013 June 30, 2013 Year 3 — Period 1 5 July 1, 2013 December 31., 2013 Year 3 — Period 2 6 January 1, 2014 June 30, 2014 Year 4 —Period 1 7 July 1, 2014 December 31, 2014 Year 4 — Period 2 8 January 1, 2015 June 30, 2015 Year 5 — Period 1 _ 9 July 1, 2015 December 31, 2015 Year 5 — Period 2 10 Januaryf,.2616 May 31, 2016 Footnotes: 1 Maintain semi-annual monitoring during permit renev Permit, the permittee has submitted an application for the permittee will be considered for renewed coverage monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the "No Flow" within 30 days of the end of the six-month 1 process. If at,the expiration of the Individual enewal.of coverage before the submittal deadline, The aaolicant must continue semi-annual must submit a monitoring report indicating period. The permittee shall report the analytical results from each sample' within the monitoring period. The permittee shall compare monitoringresults to•the benchmark values in Table 3. The benchmark values in Table 3 are not permitlimitsbut•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 Manageme t 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 Total Suspended Solids mg/L 100 Biochemical Oxygen Demand mg/L 30 Total Phosphorous mg/L 2 Zinc, Total Recoverable mg/L 0.067 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000543 Tier One IIf: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any 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 within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwate,Polluti n Prevention Plan. Include the date and value of the benchmark exceedence, the, inspection �te, 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 sariipling results from two consecutive monitoring periods are above the benchmark values, or outside of -the benchmark range, for any specific parameter at a specific discharge outfall; /`�. t�v�. Then: The permittee shall: � 1. Repeat all the required actionlined.above in Tier One. s out 2. Immediately institute m or` hly monito ng for all parameters at every outfall where a sampling result exceeded the benchmark value for, two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue -Until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 7 of 10 Permit No. NCS000543 This site discharges to impaired waters experiencing problems with low pH, high turbidity, and elevated fecal coliform bacteria. If a Total Maximum Daily Load (TMDL) is approved for this segment of the South Fork Catawba River, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of eachfstormwater outfall regardless of representative outfall status and shall be performed as,specified in -Table 4, during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and a sessing 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 an�d_any actions taken in response to the discovery. This documentation will` b�e-mainttaainedvith the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color 9, ;,/" semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 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. Part Ii Page 8 of 10 Permit No. NCS000543 ' Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfali 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 Sample Sample Fre uenc l Type2, Loeation3 -• H standard semi` -annual. Grab SDO Non -Polar Oil & Grease 1 TPH mg/L semi-annual Grab SDO EPA Method 1664 SGT-HEM)]'l Total Suspended Solids m L'r ; ��-semi-annual Grab SDO Total Rainfall4 �... inches .. semi-annual Rain au e - New Motor Oil Usa e allonslmonth semi-annual Estimate - Footnotes: TIV 1 Measurement Frequency:, Twiee per year,dunng a representative storm event, for each year until either another permit is issued for this facility, o_r�until•this permit is revoked or rescinded. If at the end of this permitting cycle the permtttee 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 must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6. are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or . install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Part II Page 9 of 10 Permit No. NCS000543 Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Non -Polar Oil & Grease / TPH (EPA Method 1664 (SGT-HEM)j mg/L 15 Total Suspended Solids mg/L 100 Part 1I Page 10 of 10 Permit No. NCS000543 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 lI, 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 •facilit a 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, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to,the beginning of discharges from the operation of the industrial activity. 2. Du to Comply ✓X/ The permittee must comply with all'conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.a d is grounds for enforcement action; for permit termination, revocation and reiss ante, or -modification; or denial of a permit upon renewal application. a. The permittee shall/comply With, standards or prohibitions established under section 307(a) of the Clean Water Act for�toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day -of violation, or. imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref- NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page I of 8 Permit No. NCS000543 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class Il 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 Iikelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 13I9. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to -preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities; or penalt es twhich the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311.of the Fede'r'al,Act, 33 USC 1321. 6. Property Rights The issuance of this individual t does`not convey any property rights in either real or personal property, or any exclusive privileges, nor d1.oes,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 r/ The provisions of this individual permit are severable,'and-if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000543 10. - Penalties for Falsification of Reports The Clean Water Act provides that 'any parson 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./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 late"Pthan)180'days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior'to expiration or any permittee that does not have a permit after the expiration and has not requested renewal at least-180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS, § 143-215.36 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after`notice to and approval by the Director. The Director may require modification or revocation,and rei s uance 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 Divisio ;in writing in the event the permitted facility is sold or.closed. Signatory Requirements All applications,' reports, Zinfbrmado/nvsubmitted to the Director shall be signed and certified. a. All applications to -be -co` vexed 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. NCS000543 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 following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this individual permit does not prohibit the Di e6ttor from reopening and modifying the RV individual permit, revoking and reissuing the individual permit+br terminating the individual permit as allowed by the laws, rules, and regulations con&tnedein Title-40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Adm' nisdtiative'1Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et at.. Permit Actions The permit may be me changes or anticipated SECTION C: OPERATION i. Proper Operation and Maintenance or terminated for cause. The notification of planned not stay any individual permit condition. ANCE OF POLLUTION CONTROLS 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 PermitNo. NCS000543 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 I1I, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein hall be•characteristic of the volume and nature of the permitted discharge. Analytical sampling.shall be performed during a representative storm event. -Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall,not be changed without notification to and approval of the Director. 'e\ 2. -Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual perm -it the permittee shall record the following information: a. The date, exact place,:d timr'e' sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c.. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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. NCS000543 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with -the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results, shall also be maintained on -site. The permittee shall retain records of all monitoring inforrnatiori? incif luding`ll calibration and maintenance records and all original strip chart recordings for continuous momtonng instrumentation, and copies of all reports required by this individual permit for a period of at l ast 5 years -from the date of the sample, measurement, report or application. This period may bye extended by request of the Director at any time. Insp ction_and_Entry The permittee shall allow the Director, or an'authorized representative (including an authorized contractor acting as a representative of the Director), on the.case of a facility which discharges through a municipal f separate storm sewer system, an authorize&representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the. presentation of credentials and -other documents as may be required by law, to-, a. Enter upon the permittee s premises where a regulated facility or activity is located or conducted, or where records must be kept.under the conditions of this'individual permit; b. Have access to an'd copy' , at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000543 ' 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 ail required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do SO. Submitting_ Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center - . Raleigh, North Carolina �27769 -1617, In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. v�\> Addresses for each RO and the counties covered by each RO can be found here: http:llportal.ned6nr.org/web/wq/home/rod he permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to..thee'Regional Offices or Central Files unless specifically requested by DWQ`:`� Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the,offices of the Divisionof-Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowuigly 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 Discharees 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 Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 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. Part III Page 7 of 8 Permit No. NCS000543 7. Suills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil.spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bvpass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. J_\// 4, 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 shalhbe provided orally within 24 hours from the time the permittee became aware of the circumstances: A written submission shall also be provided within 5 days of the time the permittee becomes"aware ofsthe�'circumstances. t--" The written submission shall contain a description of.th oncompliance, and its causes; the period of noncompliance, including exact dates ad)times�,and'if the noncompliance has not been corrected, the anticipated time compliance i expected -to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.' The Director may waive the'written port on a case -by -case basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. I I . Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Permit No. NCS000543 ' PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under provisions of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. zs,containzny The individual permit as modified or reissued under this paragraph'sha/il other requirements in the Act then applicable. /,� /,%11\ PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS��7/� The permittee must pay the administering and compliance m,Onitoring 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;lndividual Permit. PART,VI DEFINITIONS 1. -Act See Clean Water Act. 2. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Nan-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) Alt 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. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 4. Bypass A bypass is the known diversion of stormwater from.any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 5. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts IV, V and VI Page 1 of 4 Permit No. NCS000543 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. . 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director k: The Director of the Division of Water Quality, the permit issuing authority. 10; EMC The North Carolina Environmental Management Commission.' ; 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the firstAf30 minutes,o'f discharge. \1\ . ft 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_ impoun ment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer S stem 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, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122,26(g) 16. Notice of intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit, 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000543 ' 18. • Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10.hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Secondary Containment Spill containment for the contents of the single largest tank within the -containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event?/ 22. Section 3 13 Water Priority Chemical w A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuanfto Section 343 of Title III of the Superfund Amendments and ITZReauthorization 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 ata facility subject to SARA title.1I1, Section 313 reporting requirements; and j"' .` ✓ % .�. C. Meets at least one of the. following criteria: (1) Is listed in appendix D of 40 CFR part 122 on Table II (organic.priority pollutants), Table III (certain metals,, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed'as-a,hazardous substance pursuant to section 3 l 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. 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. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref. 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of Pages • Permit No. NCS000543 26. Stormwater Discharge- Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of 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 PollutionPrevention 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's�\ 30. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water, quality standards, in all seasons, for a specific water body and pollutant. .(A list of approved'TMDLs for he state. of North Carolina can be found at http:l/h2o.enr.state:ne.us/tmdl/) / �J 31. Toxic Pollutant >" Any pollutant listed as toxic under -� Section 307(a)(1) of the Clean Water Act. 32: . ' Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting; fueling, lubrication, vehicle cleaning operations, or airport deicing operations. `-- 33. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34, 25-year,_24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 4 of 4 Pages Patterson, Robert From: Cochran, Mack [Mack.Cochran@caruscorporation.com] Sent: Friday, December 09, 2011 4:45 PM To: Patterson, Robert Cc: Chithambarathanu.Pillai@caruscorporation.com; Georgoulias, Bethany; Hoge, Scott Subject: Re: NCS000543 - Carus Corporation Robert, I appreciate the changes you've indicated in this email. When Im back in the office I will review the complete draft. Once again we appreciate you working with us. Warm Regards and Happy Holidays, Mack Connected by DROID on Verizon Wireless -----Original message ----- From: "Patterson, Robert" <robert.Patterson(cDncdenr.gov> To: "Cochran, Mack" <Mack.Cochran caruscor oration.com> Cc: "Pillai, Chithambarathanu"<Chithambarathanu.Pillai(cDcaruscorporation.com>, "Georgoulias, Bethany" <bethan eor oulias ncdenr. ov> Sent: Fri, Dec 9, 2011 19:45:15 GMT+00:00 Subject: NCS000543 - Carus Corporation Mack, Please see the attached final draft that we plan to issue on December 19, 2011. Revisions to the second public notice draft were made based on your additional written comments received on November 28, 2011, and our phone conversation on December 1, 2011. We hope that you are agreeable with the changes made to address your concerns in your letter. Those changes include the following: We have agreed that monitoring for BOD at this facility should be removed from the permit. Additional language was added to Part II, Section E to focus more on zinc sources attributable to the facilities industrial activities and materials. we also added language to consider the possible effect on stormwater runoff due to the use of reclaimed water in the cooling tower. We decided that the benchmark for zinc should remain in the permit, as it does not trigger increased monitoring in the Teirs. It can be used as a reference point for future sampling. Please let me know if you have any other questions. Thanks. Robert D. Patterson, PE Fnvironmental Engineer NCDLNR I DWQ I Stormwater Permitting 1617 Mad Service Center, Raleigh, NC 27699-1617 Mail ( 512 N. Salisbury St, Raleigh, NC 27604 1 9+h Floor Location & Parcels (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert- Patterson no ncdenr.gov Email I htto://nortal.ncdenr.org/web/wq/ws/su Website `,A Be€bre printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. CONFIDENTIALITY NOTICE•': The information contained in this electronic message {including any atta(.hments} is confi.dcntialand may he privi.legcd or proprietary. if you are not: the intenciced recipient, any clissomination, disclosure, copying, downloading, or other use of the information is prohibited and unauthorized, and may be unlawful, regardless of address or routing. It ynu aro not the intended recipient, please inform the sender immediately and permanently dc)ete and desLr.oy the oz:iginal and any copier of this message, including any attachments. Furthermore, Lhe recipient should check: this email and any attachments for the presence of viruses. The sender accepts no liability for any damage caused by any virus transmitted by this emaiL. November 22, 2011 Mr. Robert Patterson, PE Environmental Engineer Stormwater Permitting Unit Ref Permit No. NCS000543 Dear Mr. Patterson, 41)),� pgowrt G 4 L-L wl M 4 c. K —WrAz^-b �fSSG+�SSIv•✓ PorNTS?r-Lo"l Of' p Dr. Pillai and I have reviewed your changes and appreciate once again your willingness to work with us. The draft permit issued for our review seems to take into consideration most of the concerns we've brought to your attention. However, we do find two areas of concern or in need of clarification. The first concern is over BOD (biochemical oxygen demand). It had been discussed that BOD was likely not relative to our production and was to be removed. We also submitted testing that seemingly supported this observation. With the requirements of the BMP's and the additional Zn testing cost we request that BOD testing be removed from the permit. —/ 6td rt.: -T. 'f-K,-,1aVm The second concern is in section E, subpart (e.), where the requirement now seems to be monitoring and controlling of Zn releases and exposure from industrial activities. This part is fine but the section goes on to suggest we control for other sources of Zn contamination. This section does not read very clear in my opinion. For example, if through our grab samples of roof drains we find elevated levels of Zn are we required to treat for Zn that may originate from our roof and downspouts? Our roof appears to be a standard metal roof with standard downspouts that I suspect are galvanized. This system is/was allowed through the building codes of NC. If this type of roof and downspout system might cause businesses to be in violation, it would seem that this type of roof should not be allowed. The cooling tower also comes to mind as Zn emissions would not be from our process but from Zn already in the water from the city. One final example, what of Zn in water running onto our property? With such a tight tolerance, inbound water with small amounts of Zn may have an impact on our outbound water as well. _ Sd .X_ No-r.L IN -,pR4P'r .)E. 4R. While the 0.067 PPM threshold no longer triggers Tier 11 requirements, we would still like to request that this value be removed. With considerations given to BMP's, it is well known that issues exist that might prevent us from being under 0.067 PPM. W;> W*,NT .cd L y4 0f „u Ir �orsti' `r —No't tveltpAff LIMIT r 1S kG Yi A 1 7izlrrGd4 In summary,�.rv►-�ortl�a. we would like to suggest and request the following. That BOD testing be removed from theta xpt o� requirement. That Section E subpart (e.) take into consideration only sources directly attributable to ourq K,� Rape processes. That is, not to require further action on our part from contributions of Zn not within our control. Or contributions not fully documented but allowed by current building codes. Consider the elimination of the 0.067 value while we continue to investigate point source emissions and ways to reduce Zn levels. Thanks in advance for your consideration of the above requested changes. n? Ls a / ;? Respectfully submitted, U Nqnh Npv 2 8 2ar1 DFNR.WATER *EnMIDSANDSIORMI NCH The Charlotte Observer Publishing Co. Charlotte, NC North Carolina ) ss Affidavit of Publication Mecklenburg County) THE CHARLOTTE OBSERVER -------------------------------------------------+------------------------ NCDENR/DWO/POINT SOURCE B 1617 MAIL SERVICE CENTER RALEIGH NC 27699 REFERENCE: 40508896 D.SPRINKLE 022674/6611798 NCS000543/CARDS CORP 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 taw, 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 'Delawar'c;`and publishing a newspaper known as The. Charlotte Observer''iri tfie city of Charlotte; --- County of Mecklenburg,_ and •State of North Carol inal land that as such he/she is familiar wiW'the l books, records, files, and business ofIsaid l Corporation and by reference to the files of said l publication, the attached advertisement was I inserted. The following is correctly copied from I the books and files of the aforesaid Corporation I and Publication. l i I I I I I PUBLISHED ON: 10/28 I l AD SP E: 54 LINE I FILED N: 1/01/1 NAME: I TITLE` DATE: .'NOV' 0 2 901•—�• 1 Iri Testimony` ei o 'I have hereunto set my hand and affixed my seal, the,',' day 'and- year' afo�e,s y d."--.__-_ ' 41 _ My COmrnUOn E> OMS May 17, 2016 Ndtar My Commission Expires: [15 +r� WJ NCDF R Ncrth Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Mack Cochran Carus Corporation 181 Woodlawn Street Belmont, NC 28012 Dear Mr. Cochran: Coleen K Sullins Director October 20, 2011 Subject: Draft NPDES Stormwater Permit Permit No. NCS000543 Carus Corporation Gaston County Dee Freeman Secretary Enclosed with this letter is a copy of the revised draft stormwater permit for your facility. The revisions reflect our discussions over the past few months. Due to the changes in the draft, we are required to send it to public notice again. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The revised draft permit contains the following changes from the draft sent to you on March 22, 2011: 1. The benchmark for analytical monitoring for Zinc remains unchanged in this draft permit. However, exceedances of the Zn benchmark value will not trigger increased monitoring in Tier 2. Instead, mandatory BMPs will be implemented as per Part I1, Section E. This includes the development and implementation of a monitoring plan for Zn. Please let us know if you have other site specific recommendations for the BMPs in this section. 2. Please note that if any of the other parameters other than Zn trigger Tier 2, then Zn will still be part of the overall monthly monitoring as per footnote 2 in Table 3. 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 revised draft permit, contact me at (919) 807-6375 or robert,patterson@ncdenr.gov Sincerely, 7V7 �P, �Z f � Z,— — Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit V :Hands and Storwater Br+nch 01-e 1•17 Mail Service Cei:ler, Re eigh, North Carolina 276%-161,7 ��.No~th Carolina ,cahon: 517 N. Salisbury Sr Rai sigh 'forth Carolina 21;04 ;":or,,: 91 807-63001 FAX 314 60? = 1941 Customer,' :rv:.e ' i77-623-6748 � �(�,�u wily er ,et: w ,vt .ncwaterg0 , :x d�il�/ :'•� E. ial.C�:y ^iunily l Alfum; !� r A�'on E::.: �ynr Mr. Mack Cochran Carus C rpera: ion Permit No. NCS000543 Grtober 20, 20' 1 cc: Blue Ridge Geological Services - Jeffrey L. Gerlock, LG Mooresville Regional Office - Michael Parker Stormwater Permitting Unit Attachments Patterson, Robert From: Cochran, Mack [Mack.Cochran@caruscorporation.com] Sent: Monday, October 10, 2011 10:12 AM To: Patterson, Robert; Pillai, Chithambarathanu Cc: Georgoulias, Bethany Subject: RE: NCS000543 - Carus Hi Robert, Yes, Dr. Pillai and I have had a chance to look over them and we believe that the SCM permit is closer to what we had envisioned. I also appreciate your thoughts on delaying the triggering of tiers until after the first permit year to allow us time for sampling. While I also see that we can modify at any time, our thought was in getting something agreeable right from the start. While on the subject of testing, I want to let you know that my time has not been spent idle since we last met but in fact reviewing some of the samples we have managed to get. Of great interest to me, and also mentioned, I believe by Bethany, was what impact if any might our metal roof contribute. I have some initial results out of the down spout that are showing readings of greater than 200PPB. This sample was taken after about fifteen minutes of light to moderate rain. believe we would be very pleased if we could have a permit that mirrors the SCM permit of not calling out threshold values at this juncture. I also believe that we are in a similar situation with Zn as they are with Cu. With the exception that they seem to know or have a good idea as to potential originating sources, whereas we are still exploring all potential Zn sources in the various waters that drain to our detention pond. The downspout sample was again a surprise to me and I wonder how many more sources like this we might encounter. If our roof has the potential contribute this much Zn, does our galvanized steel fence also. Since we have only taken two samples from the down spouts I still consider the roof results somewhat inconclusive. I also plan on taking more roof samples and sending them to an outside lab for comparison. In summary, Dr. Pillai and I both know that we need to get something in place and we welcome this as it gives us some direction to go in. Our suggestion at this point is a modification of the SCM permit to get us started on something official. It is our hope that you will find our suggestion reasonable given the circumstances. And let it begin as a way to collaborate on ways to improve, if such improvement can be accomplished. Regards, Mack Cochran Phosphates Production Mgr. Carus Corporation From: Patterson, Robert [mailto:robert.patterson@ncdenr.gov] Sent: Monday, September 26, 2011 12:06 PM To: Cochran, Mack; Pillai, Chithambarathanu Cc: Georgoulias, Bethany Subject: RE. NCS000543 - Carus Mack, Have you guys had a chance to look at these example permits and see if there is anything similar that you would be interested in putting in your final permit? What if we just delayed the triggering of the teirs until after the first permit year to allow you to get some additional samplinz;? It might ht,lp tc-get some sample:i from the pond ii let and outlet to see if maybe the pond needs to be cleaned out. Keep in mind that you can request a permit modification at any time during the permit term or at renewal. Please provide your thoughts and comments to me by October 10, 2011. Thanks Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 Mail 1 5 12 N, Salisbury St, Raleigh, NC 27604 1 9th Floor Location & Parcels (919) 807-6375 Phone 1 (919) 807-6494 lux I Robert. Patterson ancdenr.gov Email i htt2:/ /portal.ncdenr.orf2/web/wct/ws/su Website A Before printing this email, please consider your budget and (he environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless.the content is exempt by statute or other regulation. From: Patterson, Robert Sent: Monday, August 29, 2011 9:44 AM To: Cochran, Mack; chithambarathanu.pillai@caruscorporation.com Subject: NCS000543 Gentlemen, Attached are the two examples of other permits we spoke about during our meeting last week. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 Mail 1 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor Location & Parcels (919) 807-6375 Phonc 1 (919) 807-6494 Fax I Robert. Pattersoncnincdenr.gov Email I httR://portal.ncdenr.orglweb/wa/ws/su Website hA Before printing this email, please consider your budget and the environment. , E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. CCNFIDENTIALITY NOTICE: Thu information contained in this electronic message (including any attachments) is confidential and may be privileged or proprietary. If you are not the intended recipient, any dissemination, disclosure, copying, downloading, or ether use of the information is prohibited and unauthorized, and may be unLawfui, regardless of address or routing. If you are not the intended recipient, please inform the sender immediately and permanently delete and destroy the original and any copies of this message, including any attachments. Furthermore, the recipient should check this email and any attachments for the presence of viruses. The sender accepts no liability for any damage caused by any virus transmitted by this email. 2 Water Resources Research Institute www.ncsu.edu/wrri (- - D!�6- Q6" (� �Sc�,�g fy)111 JD, bAG- s'(4,ej� 7 44-Lr, -R� Cco" 1/em-1 -,AA1 ' l�Sb�OQd 7 , ,i I 4 i 7 I. 7)tg ir- LrF7 J" � Crl eroGlC j-o�c. A/�ur V, Patterson, Robert From: Patterson, Robert Sent: Wednesday, June 08, 2011 1 M PM To: 'Jeff Gerlock' Subject: FW: Comments on Draft Permit - Carus Corp, Belmont NC - #NCS000543 Jeff, I just wanted to check on the status of getting this info and additional samples. Also, I did talk with our groundwater folks about typical background values in that area. The info/studies that they have for that area show "background" TP levels of 0.02 to 0.2 mg/I; and Zn median level of 0.025 mg/I. This is quite a bit lower than what is being seen from the initial sampling. Hopefully some additional sampling will help form a better idea of what's happening at the site. Thanks. Robert D. Patterson, PE G;nvironrnental Gngineer NCDEsNR I DWQ I Stormwater PcrmitLing 1617 Mail Service Center, Ralcigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 1 91h Floor (LocaLion & Parcels) (919) 807-6375 l'honc 1 (919) 807-6494 Fax I Robert. Pattersog ancdenr, ov Lmail Wchsite: httpJ/portal.ncdennorg/web/wg/ws/su k,A Before -printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Patterson, Robert Sent: Wednesday, April 27, 2011 2:44 PM To: 'Jeff Gerlock' Subject: RE: Comments on Draft Permit - Carus Corp, Belmont NC - #NCS000543 Jeff, I'm still looking into all that we discussed over the phone previously regarding the monitoring in the draft permit. I do have another question in the mean time: Do you know what the site was previously used for prior to Carus? Did the previous activity use zinc and/or phosphorous? One thing I stated incorrectly during that call was that the facility had to use a certified lab for the sampling. If they do have a their own lab onsite, then they can do their own analysis as long as they are using the same methods and procedures that a certified lab would use. Another thing I wanted to mention is that the benchmarks for phosphorous (2 mg/L) and zinc (0.067 mg/L @ 50 mg/L hardness) that DWQ uses are consistent with what EPA has in their MSGP for similar facilities. As a reminder, DWQ is currently reviewing some of the metals benchmarks, including zinc. We can consider site -specific BMPs in lieu of benchmarks for one or more of the parameters; which is consistent with 40 CPR 122.44(k)(3). This may not really apply in this case though, since the facility has limited exposure as it is. l feel that it would be helpful to get another sampling event to get a better feel for what's going on at the site. I would include BOD, TP, Zn, and get a hardness value. It may be helpful to grab a sample before entering the pond, and another at the discharge as before. Please let me know if you have any other questions in the mean time. Robert D. Patterson, PE Environmental Engineer NCDFNR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 1 911, Floor (l,ocation &. Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert.Patterson0mcdenno Email Website: http://portal.ncdenr.org/web/wq/ws/su wA Before printing this email, please consider your budget and the environment. E-maii correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jeff Gerlock [mailto:jeff clerlockftmail.coml Sent: Tuesday, April 19, 2011 1:23 PM To: Patterson, Robert Subject: Comments on Draft Permit - Carus Corp, Belmont NC - #NCS000543 after discussions with Carus personnel, we have prepared the attached response to the draft permit for your review. please email or call to discuss our comments and/or to do a conference call or meeting to see what we can work out. thanks for your review, Jeff Gerlock Blue Ridge Geological Services 3o6 Eden Terrace, Suite C, Archdale, NC 27263 336-431-5454 office phone and fax Patterson, Robert From: Pitner, Andrew Sent: Thursday, April 28, 2011 3:10 PM To: Patterson, Robert Cc: Abraham, Joju; Kane, Evan Subject: RE: background levels in groundwater Attachments: Gaston-2006-2009-Sota.xls; Gaston Dairy-Analytical-MASTER-for-R D P.ods Hi Robert, We've done some quick looking and are able to say a few things about the groundwater values, but we don't have info that's site specific to the Belmont facility. In terms of the TP, their samples are very high and unlike typical groundwater concentrations we've seen in the area. There's a USGS study from 2010 (http://pubs.usgs.gov/sir/2010/5176/) that discusses groundwater contributions of phosphorus to surface water very broadly in the piedmont and their values from crystalline rocks (such as those found in this part of the Charlotte Belt) are in the range of 0.02 mg/L. We have some data from a dairy facility about 12 miles WNW of the site that has been in operation for dozens of years and it shows high levels of nutrients in the groundwater. The TP values there, which we believe to be the result of the operation; are on the order of 3 to 8 mg/L downgradient from a waste lagoon (see attached spreadsheet). Studies of the small stream that runs through the dairy were resulting in surface water concentrations on the order of 0.4 mg/L and less. Wells that are conceivably background at the dairy and at our Pasour Mt study site are yielding TP results that are in the range of 0.02 to 0.2 mg/L. Their zinc values are also high. Data Joju has compiled from health department sampling of Gaston County supply wells for zinc on the attached spreadsheet (Gaston 2006-2009 Sota) yields a median value of 0.025 mg/L. From our research station at Pasour Mountain that's about 15 miles WNW of the site we see a bias toward higher zinc values resulting from use of steel casing. While most supply wells in the area are constructed from PVC casing, there are also likely some that are steel and the piping that's often used may be steel or have steel fittings, so that 0.025 may be slightly higher than the actual ambient groundwater concentration. In terms of contamination sites, we didn't find the Carus facility on any of the various lists. However, it's within about a half mile of two sites that are on Superfund's NPL. The Jadco-Hughes site (http://cfpub.epa.gov/supercpad/cursites/csitinfo.cfm?id=0403079) is to the north and the North Belmont PCE site (http_/Lcfoub.epa.gov/supercpad/cursites/csitinfo.cfm?id=0405619) is to the northwest. I don't really know much about either of these sites in terms of groundwater flow or concentrations of TP or zinc, but both online profiles mention metals as contaminants of concern. There are also a couple of stray UST sites that are in that same kind of radius, but I wouldn't expect those to contribute to TP or zinc. . Just for reference 2L doesn't have a groundwater TP standard, but the standard for zinc is 1 mg/L. In summary, I'd agree that there's likely some kind of contamination at the site or nearby that's resulting in those elevated values from the springs. If you have any questions, let Joju or I know. Andrew From: Patterson, Robert Sent: Thursday, April 28, 2011 1:25 PM To: Pitner, Andrew Subject: RE: background levels in groundwater Andrew, The current company operating there is Carus Corporation, located at 181 Woodlawn Street in Belmont; 35°16'02" N, 81002'48" W. Thanks! Robert: From: Pitner, Andrew Sent: Thursday, April 28, 2011 1:12 PM To: Patterson, Robert Subject: FW: background levels in groundwater HI Robert, We'll look into what kinds of data might be available for groundwater concentrations in this area. Can you provide more info on the specifics of the company and its location so we can also check on contamination sites? Andrew From: Kane, Evan Sent: Thursday, April 28, 2011 1:03 PM To: Abraham, Joju Cc: Pitner, Andrew Subject: FW: background levels in groundwater Joju or Andrew, Do you think you can help Robert with his question? Evan 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: Patterson, Robert Sent: Thursday, April 28, 2011 12:49 PM To; Kane, Evan Subject: background levels in groundwater Eva n, Is there a way to find out typical background levels for certain parameters are for groundwater the Belmont area of Gaston Co.? I'm working on a permit for a facility that produces phosphates (and zinc) for municipal water system use. They don't like our sw benchmarks for TP=2 mg/L and Zn = 0.067 mg/L. 5o, they sent me some data and are claiming that the water from one spring on the site has a TP of 7.08 to 15.66 mg/L, Zn of 0.09 to 0.13 mg/L and another spring that has a TP of 2.19 mg/L, Zn of 0.47 mg/L. My concern is that could these high values in the spring water be due to past contamination at the site, or are they typical of groundwater in this area? Any incite would be great. Thanks. APR 1 y �20112i April 15, 2011 Mr. Robert D. Patterson NCDENR Division of Water Quality Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Response to Draft NPDES Stormwater Permit #NCS000543 Carus Corporation 181 Woodlawn Street Belmont, Gaston County, NC Dear Mr. Patterson: In 2011 Carus Corporation (Carus) and Blue Ridge Geological Services, Inc. (Blue Ridge) prepared and submitted an application for an individual permit to discharge storm water associated with industrial activities at the subject site. On March 22, 2011 Carus received a draft permit from the NCDENR for comment. We have reviewed the draft permit and have comments on the following items in the draft permit: Item 1. Analytical Monitoring Parameters Added to the Permit. We understand that biological oxygen demand (BOD) was included in the proposed analytical monitoring program based on the high concentration (600 mg/L) detected during our initial stormwater sampling of Outfall OF-1 in December 2009. Blue Ridge and Carus object to including BOD in the analytical monitoring program. The Carus facility is an inorganic chemical blending facility and does not store, process, or ship any organic chemicals to generate any BOD from its operations. Any BOD found in the discharge water is from one or more background sources and caused by naturally occurring organic matter from non -point sources that are not easily identifiable. Therefore controlling BOD at the stormwater outfall is not within the control of this facility. The proposed benchmark value of 30 mg/L in Table 3 of the draft permit is not attainable since it is not within the control of on -site operations. In addition, the proposed benchmark value is close to the lower detection limit of the analysis (20 mg/L). Therefore we request that NCDENR remove BOD from the analytical monitoring requirements listed in Table 3 of the permit. Note - Even though they are described as benchmark values, and not as permit limits, in practice, they serve as permit levels since if the benchmark values are exceeded, additional restrictions are imposed such as increased monitoring and management actions as described in Tier One and Tier Two conditions on Part I1, page 7 of 10 of the dram permit. In our opinion, these permit conditions are too onerous and burdensome for a small facility that has less than 10 employees and operates only 9 am to 5 pm on weekdays. 306 Eden Terrace, Suite C, Archdale, NC 27263 - Phone/Fax: 336-43I-5454 Response to Draft NPDES Permit 41VCS000543 April 2011 Carus Corporation, Belmont, NC Page 2 We. also',understand' that zinc was included in the proposed analytical monitoring program based on the relatively high concentration (0.223 mg/L) detected during our initial stormwater sampling of Outfall OF - IA in December 2009.• Even though the facility processes and stores zinc compounds, the zinc value in the stormwater sample that was collected in 2009 is confounded with contributions from background sources and is 'significantly higher than the proposed benchmark value in Table 3 of the draft permit (0.067 mg/L), assumitig-the,total' zinc value is not significantly different than the recoverable zinc. Based on recent testing.by'""&rus personnel, we have determined that phosphorous and zinc are present at levels above the proposed benchmark value in the tap water inside the subject facility and in several non- stormwater discharges in the area (spring near stormwater pond, spring in creek behind pond, stream behind stormwater pond). A map showing the nearby surface water locations is attached. Tables summarizing the Carus analytical data is also attached. From February through April 2011 Carus personnel collected samples at various dates and times from the tap inside the facility and from these various surface water features. Carus personnel analyzed these water samples in their in house laboratory. As shown on the attached table, zinc was detected in the tap water at concentrations ranging from 0.11 to 0.44 mg/L (average 0.21 mg/L) and zinc was detected in the nearby surface water features at concentrations ranging from 0.09 to 0.80 mg/L (average 0.38 mg/L). We understand that total phosphorous is included in the analytical monitoring program since it is a primary potential pollutant at the facility. Again, Carus personnel collected samples of tap water and surface water from the area and analyzed the samples. As shown on the attached tables, total phosphorous was detected in the tap water at concentrations ranging from 0.57 to 2.28 mg/L (average 0.77 mg/L) and total phosphorous was detected in the surface water features at concentrations ranging from 0.26 to 15.66 mg/L (average 3.62 mg(L). The surface water samples were collected in and around the facility during a rain event and when it was not raining. Total phosphorous was detected in most of the samples at concentrations that significantly exceeded the proposed benchmark value in Table 3 of the draft permit. Some of the sample points are at higher elevations than the retention pond and some are lower. None of the surface water samples had zinc levels any lower than the proposed benchmark value (see Attachment 2). It appears that both zinc and total phosphorous values are confounded by background including that in surface water, groundwater, and fertilizers used by farmers/landscaping companies in the area and they do not represent the facility contribution alone, if any in the discharge. Carus understands that they need to monitor for both total phosphorous and total zinc. However the benchmark values for these two constituents appear arbitrary and significantly lower than background levels measured in the area. We propose that Carus monitor and report the values for several years and then after evaluation of this set of data, benchmark values can be adequately determined. For monitoring purposes, since the total zinc is not significantly different from the recoverable zinc, we request that Carus be allowed to determine the total zinc instead of the recoverable zinc so that the analysis can be performed at their in house laboratory instead of sending out samples to an outside laboratory which is more expensive and burdensome. 306 Eden Terrace, Suite C, Archdale, NC 27263 - Phone/Fax: 336-431-5454 Response to Draft NPDES Permit #NCS000543 Carus Corporation, Belmont, NC Item 6. Vehicle Maintenance April 2011 Page 3 Carus does not perform vehicle maintenance at this facility and therefore the related requirements do not apply. Item 6 of Part III of Section E. Anticipated non-compliance Based on the discussion above, if the draft permit is issued without changes in the benchmark levels of BOD, zinc, and total phosphorous Carus fully anticipates that values for these parameters will be above the benchmark levels due to the confounding of background sources (tap water, surface water, groundwater). We appreciate your consideration of this letter and look forward to receipt of a revised permit that takes the information in this letter into account. If you have any questions regarding this submittal or you would like to discuss the matter, please contact the undersigned at 336-431-5454 or Mr.' Mach Cochran at Carus at 704-822-1441. Sincerely, Jeff Gerlock, L.G. NC Licensed Geologist # 1141 Attachments — Tables, Figure Cc: Mr. Mack Cochran, Carus Dr. Chithambarathanu Pillai, Carus 306 Eden Terrace, Suite C, Archdale, NC 27263 - Phone/Fax: 336-431-5454 Attachment 1 4/18/2011 Page 1' A Carus Corporation Belmont Site -Tap Water ananiysis Sample ID Date Collected Date Received Time of Pull Date Analyzed Specific Gravity pH (neat) Total Phosphate (pprnPO4) Total Phosphorous (PpmP Zinc (ppm Znj Tap 2/17 2/17 2/18 1.00 7.31 2.05 0.67 0.11 Tap PM 2/23 2/23 2/24 1.00 7.35 1.99 0.65 0.11 Tap AM 2/24 2/24 2/24 1.00 7.54 2.16 0.70 0.14 Tap PM 2/24 2/24 2/25 1.00 7.51 2.25 0.73 0.19 Tap AM 2/25 2/25 2/25 1.00 7.59 2.45 0.80 0.21 Tap AM 2/28 2/28 2/28 1.00 7.36 2.28 0.74 0.24 Tap AM 3/1 3/1 3/1 1.00 7.44 1.90 0.62 0.22 Tap PM 3/1 3/1 3/2 1.00 7.52 1.75 0.57 0.16 Tap AM 3/2 3/2 3/2 1.00 7.47 1.96 0.64 0.21 Tap PM 3/2 3/2 14:55 3/2 1.00 7.56 1.94 0.63 OAS Tap AM 3/3 3/3 7:35 3/3 1.00 7.57 2.13 0.69 0.25 Tap PM 3/3 3/3 16:25 3/4 1.00 7.56 2.04 0.67 0.21 Tap AM 3/4 3/4 7:30 3/4 1.00 7.48 2.00 0.65 0.25 Tap AM 3/4 3/4 15:30 3/7 1.00 7.27 1.98 0.65 0.30 Tap AM 3/7 3/7 7:10 3/7 1.00 7.34 2.12 0.69 0.44 Tap PM 3/7 3/7 16:10 3/8 1.00 7.48 2.03 0.66 0.20 Tap AM 3/8 3/8 7:40 3/8 1.00 7.30 2.25 0.73 0.41 Tap AM 3/9 3/9 7:05 3/9 1.00 7.17 2.10 0.68 0.29 Tap PM 3/9 3/9 15:10 3/10 1.00 7.45 2.10 0.68 0.26 Tap AM 3/10 3/10 7:50 3/10 1.00 7.24 2.01 0.66 0.27 Tap PM 3/10 3/10 16:05 3/11 1.00 7.09 2.29 0.75 0.19 Tap AM 3/11 3/11 8:35 3/11 1.00 7.40 2.24 0.73 0.29 Tap PM 3/11 3/11 15:50 3/14 1.00 6.99 2.58 0.84 0.21 Tap AM 3/14 3/14 8:05 3/14 1.00 7.35 2.78 0.91 0.12 Tap PM 3/14 3/14 16:05 3/15 1.00 7.44 2.53 0.82 0.25 Tap AM 3/15 3/15 7:35 3/16 1.00 7.18 3.57 L16 0.22 Tap PM 3/15 3/15 15:05 3/16 1.00 7.42 2.73 0.89 0.27 Tap AM 3/16 3/16 10:35 3/16 1.00 7.72 2.34 0.76 0.26 Tap PM 3/16 3/16 15:35 3/17 1.00 7.37 1.86 0.61 0.26 Tap AM 3/17 3/17 7:34 3/17 1.00 7.34 3.22 1.05 0.31 Tap AM 3/18 3/21 7:30 3/21 1.00 7.31 3.19 1.04 0.17 Tap PM 3/18 3/21 14:30 3/21 1.00 7.48 2.21 0.72 0.25 Tap AM 3/21 3/21 7:55 3/21 1.00 7.48 2.61 0.85 0.25 Tap PM 3/21 3/21 15:45 3/22 1.00 7.28 2.57 0.84 0.21 Tap AM 3/22 3/22 10:50 3/22 1.00 7.50 2.17 0.71 0.22 Tap PM 3/22 3/22 16:05 3/23 1.00 7.54 1.82 0.59 0.14 Tap AM 3/23 3/23 10:50 3/23 1.00 7.54 2.00 0.65 0.24 Tap PM 3/23 3/23 15:40 3/24 1.00 7.60 2.07 0.67 0.15 Tap AM 3/24 3/24 6:45 3/24 1.00 7.58 2.11 0.69 0.12 Tap PM 3/24 3/24 16:00 3/25 1.00 7.43 2.18 0.71 0.19 Tap AM 3/25 3/25 7:45 3/25 1.00 7.56 2.15 0.70 0.18 Tap PM 3/25 3/25 16:20 3/28 1100 7.33 2.35 0.77 0.23 Tap AM 3/28 3/28 9:55 3/28 1.00 7.36 2.65 0.86 0.16 Tap PM 3/28 3/28 14:07 3/28 1.00 7.31 2.02 0.66 0.13 Tap AM 3/29 3/29 7:25 3/29 1.00 7.29 1.98 0.65 0.12 Tap PM 3/29 3/29 14:03 3/29 1.00 7.54 1.83 0.60 0.12 Tap AM 3/30 3/30 7:28 3/30 1.00 7.50 7.00 2.28 0.12 Tap PM 3/30 3/30 13:58 3/30 1.00 7.33 2.17 0.71 0.13 Tap AM 3/31 3/31 8:19 3/31 1.00 7.31 2.15 0.70 0.11 Tap PM 3/31 3/31 15:48 4/1 1.00 7.38 >4.0 >1.31 0.13 Tap AM 4/1 4/1 11:00 4/1 1.00 7.43 2.37 0.77 0.22 Tap AM 4/4 4/4 7:05 4/4 1.00 7.36 2.88 0.94 0,25 AVERAGE 1.00 7.41 2.36 0.77 0.21 Maximum 1.00 7.72 7.00 2.28 0.44 Minimum 1.00 6.99 1.75 0.57 0.11 Attachment 2 4/18/2011 Page 1 Carus Corporation Belmont Site - Stream Analysis Sample ID Date Date Specific pH Total Zinc Comments precipitation elevation Received Analyzed Gravity (neat) Phosphorus (ppm Zn) comapred to the (ppm) retention pond Sample from outfall stream 3/30 3/30 1.00 6.19 2.55 0.73 Hark orange color unknown lowest Spring behind Carus 4/1 4/1 1.00 6.67 7.08 0.09 Orange color no rain lower Sample from outfall stream 4/1 4/1 1.00 6.45 3.49 0.64 Orange color no rain lowest Marsh area beside plant 4/1 4/1 1.00 6.33 0.30 0.09 Orange color no rain high Front parking area 4/5 4/5 1.00 6.12 0.26 0.25 Light tan color .49" rain high Road drain entering Carus 4/5 4/5 1.00 6.49 0.40 0.26 Dark tan color/cloudy .49" rain high Light orange color/ sediment Creek near retention pond 4/5 4/5 1.00 5.96 2.90 0.80 settled to bottom .49" rain low Spring behind Carus 4/5 4/5 1.00 6.63 15.66 0.13 Dark orange color/cloudy .49" rain low Light tan color/sediment Spring in Creek 4/5 4/5 1.00 5.81 2.19 0.47 settled to bottom .49" rain high Light tan color/depris floating Side stream close to retention pond 4/5 4/5 1.00 5.75 1.37 0.36 in sample .49" rain high Average 1.00 6.240 3.62 0.38 Maximum 1.00 6.670 15.66 0.80 Minimum 1.00 5.750 0.26 0.09 i ti s p;-j.,r..y K " .w Grass significantly dividing line where Oaks Commerce t _ `,' greener here. s firi;, 9 does not maintain grass. Line is this Runoff will enter — ' width around entire front of our building_ n4- { _ our SW. - � Note the significant color change. E'��,:,, ,..'� �. _ ,. =- COB lift station NN additional spring 1 >. �``` i • located. E'fr if 21.7 ppm PO4 0.092 ppm Zn - _f III y; . -Outfall sample area .' Well Site for irrigation only. Use by Oaks but on 1 eavy debris area Carus property. �; kl H w Marshy area with . �- - -- . + '� • � :� -~ _ �� +� k - - � ' - � _ •.g'` °4 � swamp grass and cat tails. This area • - -. u - _ ' . is also spring fed. [Drain from road 0,089 PPM Znrst sample point.830 ppm PO4 .048 ppm Zn . �6 AID W 't r•., .� ,k- The Charlotte Observer Publishing Co. Charlotte, NC North Carolina ? ss Affidavit of Publication Mecklenburg County} THE CHARLOTTE OBSERVER --------------------------------------------------------------------- NCDENR/DWQ/POINT SOURCE B 1617 MAIL SERVICE CENTER RALEIGH NC 27699 REFERENCE: 40508896 D SPRINKLE 029732/6558572 PERMIT NC50OO543 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 he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of.�Mecklenburg,•and State of North Carolinal and that as such -he/she is„familiee_with-the v books, records, files, and business of said Corporation and by reference•to-the files of said publication, the attached advertisement uas inserted. The fallowing is correctly copied from the books and files of the aforesaid Corporation , and Publication. I PUBLISHED ON: 04/01 AD SPACE 52 LINE FILED 0 : ---0 07/ -- --- -- -- - L'I P - ----------- ,NAME: TITLE• vi DATE' In Testimony Wher, f have hereunto set niy hand and affixed my seal, the day.and. r aforesaid.. Note y Commission Expires: My Commission Expires May 27, 2011 bo t0 SaUth �u•�� ao�c. txrx,;n„ . s yv LN+:S gin` t A P-WA NCDENR North Carolina Department of, Environment and Natural Resources ;Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director March 22, 2011 Mr, Mack Cochran Carus Corporation 181 Woodlawn Street Belmont, NC 28012 Subject: Dear Mr. Cochran: RECEIVED Secretary DIVISION OF WATER QUALITY MAR 2 8 2011 -S'A�P S: C V1014 MOORESViLLE iiI GIONAL OFFICE Draft NPDES Stormwater Permit Permit No. NCS000543 Carus Corporation Gaston County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant items for this facility - Analytical monitoring: 1. Analytical monitoring parameters have been added to this permit. These include Zinc and BOD based on the sampling results above the current benchmarks. TSS and pH have also been included since the receiving stream is impaired due to these parameters. TP has been included since it is a primary potential pollutant at this facility. 2. All analytical monitoring is 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 are included in this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters. at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. ,t. 4. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status, 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwaler Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 NorthCarolina Location: 512 N. Salisbury Si. Raleigh, North Carolina 27604 .r �������� Phone: 919-B1}7.63001 FAX; 919.807•64941 Customer Service: 1-877.623.6748 f//1Y/ J Internet: www.ncwaterquality.org An Equal Opporluniiy 1 Alfirmalive Action Employer Mr. Mack Cochran Carus Corporation Permit No. NCS000543 6. Vehicle maintenance monitoring is performed 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. Ilt, time facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit items: 1. Guidance is provided about the Site Plan requirements. The site map must identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. 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. Requirements for the Stormwater Management Plan have been specified in Part II Section A. Details regarding secondary containment are provided. 3. 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 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 is included in 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. 6. In addition to submitting two signed copies of DMRs to. Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Roo,i6; a Office by March 1 of each year. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6375 or robert.patterson@ncdenr.gov Sincerely, 1; Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Blue Ridge Geological Services —Jeffrey L. Gerlock, LG Mooresville Regional Office - Michael Parker Stormwater Permitting Unit Attachments 2 Permit No. NCS000543 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina(General Statute'i43-215.1, other lawful standards and regulations promulgated and adopted by"the North Carolina Environmental Management Commission, and the Federal Water Pollution'Control Act, as amended, CARUSCORPO,RATION x is hereby authorized t discharge stormwater from a facility located at Carus Corporation f81 Wogdlawn Street �.� 13eM46nt; NC Gaston County to receiving waters designated as UT to South Fork Catawba River, a class WS-V 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 June 1, 20-1 I. This permit and the authorization to discharge shall expire at midnight on May 31, 2016. Signed this the 2 1 " day of May, 2011. for Coleen H. Sullins Director Division of Water �tality By the Authority tif.the„Environmental Management Commission Permit No. NCS000543 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map i'1 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan_'.. Section B: Analytical Monitoring Requ�irrreme-hts , y z^ Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance. Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 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 3. Signatory Requirements i Permit No. NCS000543 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: Monitor 1. 2. 3. 4. 5. 6. 7. Section E Reporting Requife-66nts - l. Discharge Monitoring Repor 2. �.��� Jig Submitting'Reports 3. Availability; of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10, Other Noncompliance 11. Other Information' PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000543 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 wishingto 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 conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the -No Exposure Exclusion once every five (5) years.�� SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified rrevoked,the permittee is authorized to discharge stormwater to the surface waters ofNorthParolina or separate storm sewer system that has been adequately treated and managedjWaccordance with the terms and conditions of this individual permit. All stormwater discharges shall'.be'in accordance with the conditions of this permit. Any other point source discha�ge.to`su" rface 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 I of 2 SECTION C: LOCATION MAP Permit No. NCS000543 NCS000543 K ti Carus Corporation Latitude: 350 16' 02" N Longitude: 810 02' 48" W County: Gaston Receiving Stream: UT to South Fork Catawba River Stream Index No.: 11-129-(15.5) Stream Class: WS-V Sub -basin: 03-08-35 (Catawba River Basin) ''►i_�.�sp►mow..-.;-:. tP •. r ■11F *jy �ws. Facility Location Part P=;p Page 2 of 2 Permit No. NCS000543 „ L: 1' .Y' PART II MONITORING, CON�'R S,r AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution -Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contnbute to contamination of stormwater discharges. The site plan shall contain ttie.foll wing: (a) A general location map (USGS quadrangle'map or propriately drafted equivalent map), showing the facility.s location,in relation to transportation routes and surface waters, the name of the receiving.water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate stone sewer system, the name of the municipality ail}dTtlie ultimate receiving waters, and accurate latitude and longitude of tlib' oint(s) of discharge. The general location map (or alternati ely,the-ste 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 wlii a�TMDL has been established, and what the parameter(s) of concern are./r (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. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section Part II Page 1 of 10 Permit No. NCS000543 3 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Stormwater Management Plan. Jbe`s'torml water management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure *of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material"handling operations, and manufacturing or fueling operations. In areas, where elimination of exposure is not practical, the stormwater management plan shall -.document the feasibility of diverting the stormwater runoff away m,areas of potential contamination. (b) Secondary Containment Requiremeritsgand Records. Secondary containment is required for: bulk storage of Iiquiilmaterials; storage in any amount of Section 313 of Title III of the Superfund Amend a ts, and Reauthorization Act (SARA) water priority chemicals; andsto;rgepaany amount of hazardous substances, in order to prevent leaks and,spills m contaminating stormwater runoff. A table or summary of all such►tanks d"stored materials and their associated secondary containment areas -shall be.maintained. If the secondary containment devices are connected to.stormwaterzconveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a(lockingmechanism), and any stormwater that accumulates in the containment ar'ea�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 descripl on 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. Spill Prevention and Response Plan.,` ,l'he Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II ;Page 2 of 10 'r Permit No. NCS000543 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 Countenncasure plan (SPCC) may be a component of the SPRP,. but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas; loading and unloading areas, and haul roads), all drainage features and structures�andtexisting structural BMPs, The program shall establish schedules of inspections, ma ntenanceand housekeeping activities of stormwater control systems, as well as facilityequipment, facility areas, and facility systems that present a potential for ston-nwaterlexposure or stormwater pollution. Inspection of material handling areas and rebilar 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 in writing and maintained in the SPPP. 5. Employee Training. Traiiiing programs,shall be developed and training rovided at a minimum on an annual basis=for facility personnel with responsibilities for: spill response and cleanup, preventative mainlenartce 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 bythe signature of eaW;employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part II Page 3 of 10 Permit No. NCS000543 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 I1I, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility inspections. Inspections of the facility and all stonnwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part I1 B and C of this permit. 9. Implementation. The permittee shall implement the PIan.. Implementation of the Plan W shall include documentation of all monitoring; measurements,,ihspections, maintenance activities, and training provided to cmployccs,\ii eluding 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 available to the Direc� r or;theDirector's authorized representative immediately upon request. Part II Page 4 of 10 Permit No. NCS000543 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwatcr discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Re uirements Discharge Discharge Characteristics Units Was Frequencyl' Sample Type2 Sample Locations Total Suspended Solids m L semi-annual Grab SDO Biochemical Ox en Demand m L ,�% semi=annual Grab SDO Total Phosphorous m L �%� ,( semi-annual Grab SDO Zinc, Total Recoverable �`m L < \, �- semi-annual Grab SDO H standard `� �'` semi-annual Grab I SDO Total Rainfa114 inches-, ? semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice.per--year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part Il Page 5 of 10 N Permit No. NCS000543 Table 2. Monitoring Schedule Monitoring periodt'2 Sample Number ,Start End: . Year 1 — Period 1 1 June 1, 2011 December 31, 2011 Year 1 — Period 2 2 January 1, 2012 June 30, 2012 Year 2 — Period 1 3 July 1, 2012 December 31, 2012 Year 2 — Period 2 4 January 1, 2013 June 30, 2013 Year 3 -- Period 1 5 July 1, 2013 December 31, 2013 Year 3 — Period 2 6 January 1, 2014 June 30, 2014 Year 4 — Period 1 7 July 1, 2014 December 31, 2014 Year 4 — Period 2 8 January 1, 2015 June 30, 2015 Year 5 -- Period 1 9 July 1, 2015!y December 31, 2015 Year 5 — Period 2 10 January f, 2016 May 31, 2016 Footnotes: (,I'411,` _ �/ I Maintain semi-annual monitoring during permit renewal process. If at,6e expiration of the Individual Permit, the permittee has submitted an application for renewaLof coverage before the submittal deadline, the permittee will be considered for re : ewed coverage. The,applicant must continue semi-annual 1 monitoring until the renewed permit is issued. 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 of the sizfmont_ h sampling period. The permittee shall report the analytical regtilts,from each sample within the monitoring period. The permittee shall compare monitoring:r'suits to,the benchmark values in Table 3. The benchmark values in Table 3 are not permit'limits 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 Total Suspended Solids mg/L 100 Biochemical Oxygen Demand mg/L 30 Total Phosphorous , m�L 2 Zinc, Total Recoverable mg/L 0.067 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000543 Tier One IIf: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any 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 within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Siormwater,Pollution Prevention Plan. Include the date and value of the benchmark exceedence' the; nspection�dTatte 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 from two consecutive monitoring periods are above the benchmark values, or outside of�the benchtiiark range, for any specific parameter at a specific discharge outfall; /\ ` , Then: The permittee shall: ' ` ' i 1 r 1. Repeat all the required actions outlined.above in Tier One. 2. Immediately institute mo (hly monk oring for all parameters at every outfall where a sampling result exceeded the benchmark value fovtwo consecutive samples. Monthly (analytical and qualitative) monitoring shall continue.until'three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Plow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention flan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittce shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not lirnited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural st6ftnw,at ei controls; • require the permittee to implement other storrriwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 7 of 10 Permit No. NCS000543 This site discharges to impaired waters experiencing problems with low pH, high turbidity, and elevated fecal coliforrn bacteria. If a Total'Maximum Daily Load (TMDL) is approved for this segment of the South Fork Catawba River, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each'st rmwater outfall regardless of representative outfall status and shall be performed as,specif ed in, Table 4, during the analytical monitoring event. Qualitative monitoring is for the purpose`of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) andaassessing 'IN sources of stormwater pollution. In the event an atypical condition is noted document the suspected cause of the cond discovery. This documentationtwillbe=m Table 4, Qualitative iter discharge outfall, the permittee shall actions taken in response to the h the SPPP. is Discharge Characteristics Frequencyl: Monitoring , Loeation2 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 de osition at the outfall I semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during Wrepre's�entative 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. `Parf II 'Page 8 of 10 Permit No. NCS000543 Monitoring Location: Qualitative monitoring shall be performed it each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge,stotmwater 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 Monitorinp, Requirements:for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Fre uenc 1 Type2 Location3 H standard semi=at ual Grab SDO Non -Polar Oil & Grease / TPH mg/L semi-annual Grab SDO EPA Method 1664 SGT-HEM Total Suspended Solids ,, m -L; r semi-annual Grab SDO Total Rainfa114inches: semi-annual Rain gauge New Motor Oil Usage allons/month semi-annual Estimate - Footnotes: Measurement Frequency: Twice per years/during a representative storm event, for each year until either another permit is issued for this facilityW 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. Tti :' plicant 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 must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Part II Page 9 of 10 Permit No. NCS000543 Table 6, Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge,Characteristics �; Units:'` _ ..Benchmark pH standard 6-9 Non -Polar Oil & Grease / TPH [EPA Method 1664 (SGT-HEM)] mg/L 15 Total Suspended Solids mg/L 100 Part 11 Page 10 of 10 Permit No. NCS000543 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 II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. 177 New Facilities applying for coverage for the first time andd e applying for renewal under this permit: The Stormwater Pol implemented prior to the beginning of discharge's frofii.die c updated thereafter on an annual basis. Secondary b 'htaiiifni 2(b) of this permit shall be accomplished prior o.the beginr industrial activity. 1� f%\1'X 2. Duty to Comply_ O facilities -previously permitted and Prevention Plan shall be developed and on of the industrial activity and be specified in Part II, Section A, Paragraph discharges from the operation of the The permittee must comply with all`conciitions.of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for enforcement action; for permit termination, revocation and rcissu na ce, or modification; or denial of a permit upon renewal application. a. The permittee shall complywith standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I 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 369 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 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 It violations are not to exceed Part III Page 1 of 8 Permit No. NCS000543 $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. 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 Liabilitv Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to-preclbde the institution of any legal action or relieve the permittee from any responsibilities, liabilities,lbr penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the'Federal�Xct, 33 USC 1321. Property Rights The issuance of this individualt does' riot 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,Pederal, State or focal laws or regulations. Severabili(i4 tv The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information r 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 t}ian 4 years, or both. Part III Page 2 of 8 Permit No. NCS000543 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 coipliliance or noncompliance shall, upon conviction, be punished by a tine 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 date,/In order to receive automatic authorization to discharge beyond the expiration date, the pernuttee�shall submit forms and fees as are required by the agency authorized to issue permits no later-than,180`days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior' to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least-1'80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS,§1'43-215.36 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after'notice to and approval by the Director. The Director may require modification or revocationvand,reissuance of the permit to change the name and incorporate such other requirements was may. necessary under the Clean Water Act, The Permittee is required to notify the Division In wriitingin,the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or/ unformation submitted to the Director shall be signed and certified. a. All applications to -be covered under this individual permit shall be signed as follows: (1) 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. NCS000543 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties far submitting false information, including the possibility of fines and imprisonment for,knbwing violations." The issuance of this individual permit does not individual permit, revoking and reissuing'the:it allowed by the laws, rules, and regulations con and 123; Title 15A of the North Carolina Adm General Statute 143-215.1 et al. _ %/ 5. Permit Actions The permit maybe modified„ r�ked'a changes or anticipated noncompliance.( SECTION C: OPERATION AND=MAINTEI Proper Operation_ and Maintenance rotor from reopening and modifying the or terminating the individual permit as Code of Federal Regulations, Parts 'l22 Subchapter 2H .0100; and North Carolina ;issued, or terminated for cause. The notification of planned not stay any individual permit condition. ANCE OF POLLUTION CONTROLS 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 enforccment 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. NCS000543 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 topreventa bypass which occurred during normal periods of equipment downtime or preventive inaintenancc; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required hers nature of the permitted discharge. Analytical samplinglslial' event. Samples shall be taken on a day and time that is chat taken before the discharge joins or is diluted by any other w Monitoring points as specified in this permit shall'not be chi the Director. Recording Results of the volume and erformed during a representative storm istic of the discharge. All samples shall be stream, body of water, or substance. l without notification to and approval of For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual:and, peermit, the �permittee shall recbid the following information: a. The date, exact place, tune of sampling, measurements, inspection or maintenance activity; b. The individuals) w�rformcd 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. 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 s Permit No. NCS000543 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring resufts,shall also be maintained on -site. The permittee shall retain records of all monitoring informat n� including all calibration and maintenance ff records and all original strip chart recordings for continuous momtori ig4nstrumentation, and copies of all reports required by this individual permit for a period ofat-least 5 yeiieg.from the date of the sample, measurement, report or application. This period may h extended by request of the Director at any time. 7. Inspection and Entry !,' The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in &',case of a facility which discharges through a municipal � �J� r i. separate storm sewer system, ,an authorize& representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the.presentation of credentials and other documents as may be required by law, to; ~= a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records1must be kept under the conditions of this individual permit; b. Have access to and -copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times -any facilities, equipment'(including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports s Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report farms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part IIII Page 6 of 8 Permit No. NCS000543 2, 4. 6. When no discharge has occurred from the facility du ing jhe report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do SO. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files tr Division of Water Quality 1617 Mail Service Centef ,� `ti Raleigh, North Carolina 27699y1617, In addition, a separate signed Annual Summary DMR o'py shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. } Addresses for each RO and the counties col http:/lportal.nedenr.org/web/wq/home/rt Visual monitoring results should not be sub specifically requested by DWQ�, �/_ v Availability of Reports ;ach RO' an be found here: ittiittee shall retain the completed originals on site. the/Regional Offices or Central Files unless Except for data determined'to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of;Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not spbcifically 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. Part III Page 7 of 8, Permit No. NCS000543 8. f[i] Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the' permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Bypass a. Anticipated bypass, if the permittcc 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 informationshallabe provided orally within 24 hours from the time the permittee became aware of the circumstances:, A written submission shall also be provided within 5 days of the time the permittee becomes -aware of the circumstances. The written submission shall contain a description!of,the noncompliance, and its causes; the period of noncompliance, including exact dates.and, ens; aid"if the noncompliance has not been corrected, the anticipated time compliance is� expected'to. c�oritinue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the /noncoiirpliance.? The Director may waive the'wrinen rep6r't on a case -by -case basis if the oral report has been received within 24 hours.`` Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. ':Parrlll Page 8 of 8 Permit No. NCS000543 A PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under provisions of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragrapj�shall azsoccontain,any other requirements in the Act then applicable.\%f PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS ` ✓� The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee inAinely manner in accordance With 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the.Individual Permit. DEFINITIONS Act See Clean Water Act. 2. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges, Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/storinwaterimenuofbmps/index.cfm. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is nbt a designed or established operating mode for the facility. 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. t' Parts IV, V and VI Page I of 4 Permit No. NCS000543 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. S. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit is m 12, EMC The North Carolina Environmental Management Grab Sample An individual sample collected instant qualitatively) must be taken within the Hazardous Substance Any substance designated 13. Landfill A disposal facility or part treatment facility, a surfai a surface storage facility. iples that will be analyzed (quantitatively or discharge. 6 pursuant to Section 311 of the Clean Water Act. facility where waste is placed in or on land and which is not a land ;nt, an injection well, a hazardous waste long-term storage facility or 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 Jo prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17. Permittee :. The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000543 18. Point Source Discharize 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. 19. Representative Storm Event A storm event that measures greater than 0, l inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Secondary Containment �f �� Spill containment for the contents of the single lArgestaank within the,containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event?-\ 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986 ,� b. Is present at or above'threshold,lev..els.at a facility subject to SARA title 1I1, Section 313 reporting requirements; and ✓' C. Meets at least one of -the following criteria: (1) Is listed in appendix of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals,,cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is liste&as•al azardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. 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. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000543 26, Stormwater Dischar-ge Outfall (SD4) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of 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 measure is based on an evaluation of the pollution potential of W, 30. Total Maximum Daily Load (TMDL) �.7. TMDLs are written plans for attaining and'ma;ntainiing w water body and pollutant. (A list of apgrov6d~f-MDLs for' http://h2o.enr.state.ne.us/tmdl/) 31, Toxic Pollutant 'ID'I: Any pollutant listed as toxic under. 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical airport deicing operation reduce stormwater pollution and afefy'quality standards, in all seasons, for a specific The state of North Carolina can be found at of the Clean Water Act. painting, fueling, lubrication, vehicle cleaning operations, or 33, Visible Sedimentation " Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 4 of 4 Pages t ,%4CS000543 -1 J NCDCIr[R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman: Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Carus Corporation NPDES Permit Number: J NCS000543 Facility Location: 181 Woodlawn St., Belmont, NC (Gaston County) Type of Activity: Industrial inorganic chemicals, nec SIC Code: 28I9 Receiving Streams: UT to South Fork Catawba River, see Figure 1 River Basin: Catawba River Basin, Sub -basin 03-08-35, HUC 03050102 Stream Classification: WS-IV Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): March 18, 2011 Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: Issue Rating Scale: 1(easy) to 10 hard Compliance history 1 Benchmark exceedance 7 Location (TMDL, T&E species, etc 5 Other Challenges: I Difficulty Rating: 14/40 Description of Onsite Activities: • The site produces various phosphates sold primarily to municipal water systems for drinking water corrosion control. Documents Reviewed: • NPDES Stormwater Permit Application Materials 0 National Heritage Program (NHP) Threatened and Endangered Species Database • EPA Sector -Specific Permit, 2008 • 303(d) List, 2010 final • 2010 Catawba Basinwide Plan t MAR 2 t 2011 Pagel of 5 N CS000543 Figure l: Map of Facility r __ NCS000543 } Y��?.7Cr fig fP„►',r � !'iP � 1 � Carus Corporation Latitude; 350 15' 02" N Longitude: 81" 02' 4B" W County: Gaston Receiving Stream: UT to South Fork Catawba River Stream Index No.: 11-129-(15.5) Stream Class: WS-V Sub -basin: 03-C8-35 (Catawba River Basin) Page 2 of 5 mm Facility Location �tv CS000543 Central Office Review Summary: 1. General Observations: • One SDO at the existing sediment pond outfall. r • There is another sw ditch between the north of the building and the parking lot. Since it looks to be only sw from employee parking and possible the offices, it would not be captured in the NPDES permit. • Chemicals stored (all indoors): a sacks of powder phosphates, zinc oxide, and zinc sulfate o ASTs of liquid phosphate materials, phosphoric acid sodium hydroxide, zinc chloride, zinc oxide, and zinc sulfate • Uncovered loading/unloading of materials via the loading docks and the hose connections on the east side of the building • Mixing and storage indoors • Uncovered empty tote/drum storage on asphalt pad draining to pond Impairment: The ambient monitoring station is located in the Town of McAdenville, on the S. Fork Catawba River, immediately upstream of where the UT discharges into the S. Fork Catawba River. The lower S. Fork Catawba River is impaired (Cat. 5) for aquatic life due to low pH, high Turbidity, and elevated values of fecal coliform bacteria. Elevated FCB appears to have been originating mainly from point sources with possible contributions from nonpoint sources further upstream. Copper and Zinc levels were elevated with 8% of samples above the standard for both parameters. 3. Threatened and Endangered: None known in the area. 4. Anal, ical Monitoring Notes: One sampling event was performed prior to submitting this new application. BOD was extremely high (600 mg/1), which is well above the current benchmark of 30 mg/l. The other parameters monitored were below current benchmarks for oil & grease, COD, TSS, TN and TP. pH was within the benchmark range of 6-9 at 6.7. TP was approaching the benchmark of 2 mg/l at 1.4 mg/l. Sampling was also performed, for phosphate and zinc. Phosphate was shown in the application as the same amount as TP. Zinc was above the benchmark of 0.067 mg/l at 0.223 mg/1. 5. Qualitative Monitoring Notes: Will need to perform semi-annually. Permit Recommendations: Analytical Monitoring: 1. Zinc and BOD will be added based on sampling above the benchmark, and due to the elevated values of zinc discussed in the basinwide plan. Based on the impairment, pH and TSS will be added. Fecal will not be added since it is not a pollutant of concern at this facility. TP will be added since it is a primary potential pollutant at this facility. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Pail H 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 betaken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Page 3 of 5 NCS000543 r � r 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. Vehicle maintenance monitoring is semi-annually in order to coincide with analytical'and qualitative monitoring. Other Proposed Items in the Permit: 1. Guidance is provided about the Site Plan requirements. The site map must identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants •in:each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Requirements for the Stormwater Management Plan have been specified in Part II Section -A. More details regarding secondary containment are provided. 3. Requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 Section A. The plan must also be updated annually to include a list of significant spills and tq certify that the,outfalls do not contain non-stormwater discharges. 4. The facility must implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 11 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 § 1,22.26(g), the facility may qualify for a No Exposure Exclusion from NTDES stormwater discharge permit requirements.'.Additional information is provided in Part I Section A. Discussions with permittee: Jeff Gerlock (consultant), 336-431-5454, February 14, 20.11- . 1. Q: Drip pans for hose connections are for water, or one of the chemicals? .. . a. ANSWER: Those are hose connections for the liquid chemicals that are off-loaded from trucks. 2. Q: Are the totes/drums stored outside new or used? a. ANSWER: They are used awaiting pickup by another company that reuses them. Page 4 of 5 �+ NCS000543 Recommendations: Based on the documents reviewed, the application information submitted on 2/3/11 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature)Date Stormwater Permitting Unit Supervise Date 2 5 for Bradl ennett Concurrence by Regional Office�Date Page 5 of 5 4- . NCS000543 Carus Corporation — Gaston County Site inspection conducted on March 16, 2011, by Michael Parker. Initial contact was on February 25, 2001, however, a site visit could not be scheduled until the week of March 141h. Facility contact: Mr. Mack Cochran. Facility consultant: Jeff Gerlock with Blue Ridge Environmental Services. The facility is in the business of producing various types of phosphates that are marketed to municipal water treatment systems for corrosion control. This facility has applied for stormwater (SW) coverage for one outfall that drains their industrial process area. The SW from this facility drains into a UT to the South Fork Catawba River, which is listed as impaired for low pH, turbidity, and fecal coliform. Based on observations during the site visit, it appears unlikely that this facility would be a contributor to any of the types of downstream impairment. Housekeeping at this facility is excellent, and they have attempted to minimize SW contact as much as possible. The SW drainage from the industrial process area at this site is collected in an underground drain that has been constructed at the rear of the building. Significant measures have been initiated to protect any potential pollutants from entering the SW drainage system. Raw material unloading areas are outfitted with drip collection boxes, which capture any liquids used in the manufacturing process that may spill from the hose connections or valves during off-loading. These spillages are then manually pumped into nearby collection totes that are pumped out when they reach their capacity. There was no evidence of past spillages or residues on the ground where the off-loading occurs. This facility originally submitted a SW permit application back in 2009, however, it apparently was lost in the mail and was never received by the Division. Analytical testing of the SW from this site performed prior to the 2009 permit submittal noted two parameters that would exceed the proposed permit benchmark values (BOD and Zinc). The BOD was exceptionally high (600 mgll), however, there was nothing observed during the site visit that would suggest a possible source of the high BOD value. One possible source noted by the writer may be residues collected in the SW pond located at the rear of the property. This pond receives all the SW that drains from the industrial process area. During past facility operations, contaminants may have accumulated in the pond sediments and are being washed out during rain events. It was suggest to the applicant that additional testing be performed (including above and below the SW pond) to determine if the elevated BOD levels continue to exist or if the source has been eliminated. The applicant expressed some concern during the site visit with the proposed benchmark level for zinc (0.067 mgll). Zinc is a common constituent found at this site and is used in their manufacturing process. In spite of the best efforts of the facility staff, there is concern that consistently maintaining the Zinc level below the proposed benchmark value may be difficult. With the exception of a few pallets that are stored outside, there is very little in the way of actual exposure at this facility. All spillages are collected and removed for disposal, so the only real exposure is a few wooden pallets, a few used chemical totes, and a couple of dumpsters. With a little effort, this facility could potentially obtain no -exposure status and eliminate the need for a SW permit. Until such time as all exposure is eliminated, it is recommended that the subject SW permit be issued as requested. /mlp NCDENR, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director RECEIVE8Cretary DIVISION OF WATER QUALITY February 15, 2011 FEB 2 2 2011 SWP SECTION Individual NPDES Stormwater Permit Renewal Transmittal Cover SVILLE REGIONAL OFFICE To: Mooresville Regional Office, Michael Parker Subject: NPDES Stormwater Permit No. NCS000543 Carus Corporation Belmont, NC (Gaston County) Attachment Description ® Staff Re ort ® Draft Permit ® Renewal Application Please provide comments on the facility, draft permit, and staff report; and sign & return the original staff report if acceptable. Return to Robert Patterson at the Central Office by March 18, 2011. Robert Patterson Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center. Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07.63001 FAX: 919-807-6494 L Customer Service: 1-877.623-6748 tntemet: www.ncwaterquali y.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Naturally NCS000543 Carus Corporation — Gaston County Site inspection conducted on March 16, 2011, by Michael Parker. Initial contact was on February 25, 2001, however, a site visit could not be scheduled until the week of March 14`h. Facility contact: Mr. Mack Cochran. Facility consultant: Jeff Gerlock with Blue Ridge Environmental Services. The facility is in the business of producing various types of phosphates that are marketed to municipal water treatment systems for corrosion control. This facility has applied for stormwater (SW) coverage for one outfall that drains their industrial process area. The SW from this facility drains into a UT to the South Fork Catawba River, which is listed as impaired for low pH, turbidity, and fecal coliform. Based on observations during the site visit, it appears unlikely that this facility would be a contributor to any of the types of downstream impairment. Housekeeping at this facility is excellent, and they have attempted to minimize SW contact as much as possible. The SW drainage from the industrial process area at this site is collected in an underground drain that has been constructed at the rear of the building. Significant measures have been initiated to protect any potential pollutants from entering the SW drainage system. Raw material unloading areas are outfitted with drip collection boxes, which capture any liquids used in the manufacturing process that may spill from the hose connections or valves during off-loading. These spillages are then manually pumped into nearby collection totes that are pumped out when they reach their capacity. There was no evidence of past spillages or residues on the ground where the off-loading occurs. This facility originally submitted a SW permit application back in 2009, however, it apparently was lost in the mail and was never received by the Division. Analytical testing of the SW from this site performed prior to the 2009 permit submittal noted two parameters that would exceed the proposed permit benchmark values (BOD and Zinc). The BOD was exceptionally high (600 mg/1), however, there was nothing observed during the site visit that would suggest a possible source of the high BOD value. One possible source noted by the writer may be residues collected in the SW pond located at the rear of the property. This pond receives all the SW that drains from the industrial process area. During past facility operations, contaminants may have accumulated in the pond sediments and are being washed out during rain events. It was suggest to the applicant that additional testing be performed (including above and below the SW pond) to determine if the elevated BOD levels continue to exist or if the source has been eliminated. The applicant expressed some concern during the site visit with the proposed benchmark level for zinc (0.067 mg/1). Zinc is a common constituent found at this site and is used in their manufacturing process. In spite of the best efforts of the facility staff, there is concern that consistently maintaining the Zinc level below the proposed benchmark value may be difficult. With the exception of a few pallets that are stored outside, there is very little in the way of actual exposure at this facility. All spillages are collected and removed for disposal, so the only real exposure is a few wooden pallets, a few used chemical totes, and a couple of dumpsters. With a little effort, this facility could potentially obtain no -exposure status and eliminate the need for a SW permit. Until such time as all exposure is eliminated, it is recommended that the subject SW permit be issued as requested. /mlp ?4466M December 2010 Mr. Bradley Bennett NCDENR Division of Water Quality Surface Water Division Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: NPDES Stormwater Permit Application Carus Corporation 181 Woodlawn Street, Belmont, Gaston County, NC Dear Mr. Bennett: ALS001)5y-3 aJVAr 4 8 Lo o - Q19c�12oem I FEB 0 3 2011 (ENR-WATER QUALITY WETL MANDSTtiRIOTERPAWN Carus Corporation (Carus) and Blue Ridge Geological Services, Inc. (Blue Ridge) prepared the attached application for a permit to discharge storm water associated with industrial activities at the subject site. This permit application was prepared earlier this year but it was apparently lost in the mail, therefore, we are resubmitting the application. Figures showing the site location, facility layout, site drainage, and storm water outfall are attached. Laboratory data from a stormwater sampling event performed earlier this year are also attached. A check covering the new application fee for a minor individual NPDES permit is attached. Please contact the undersigned at 336-431-5454 if you have any questions concerning this application. Sincerely, Je ey L. Gerlock, L.G. NC Licensed Geologist Attachments — Form 1, Form 2F, Figures, Laboratory Report, Check 306 Eden Terrace, Suite C, Archdale, NC 27263 * Phone/Fax: 336-431-5454 Please print or type in the unshaded areas only. Form Approved. OMB No. 2040.0086. FORM U.S. ENVIRONMENTAL PROTECTION AGENCY I. EPA 1,13. NUMBER �* GENERAL INFORMATION S TA C 1 t8/EPA Consolidated Permits Program F p GENERAL (Pend the 'Yirnend Instructions " hrinre• .gwrinx. J 7 n u e LABEL ITEMS t GENERAL INSTRUCTIONS If a preprinted label has been provided, affix it in the designated space. Review the information carefully; if any of it I. EPA I.D. NUMBER is incorrect, cross through i1 and enter the correct data in the appropriate fill-in area below. Also, Vf any of the preprinted data is absent (the area to the lair of the rebar space lists the III. FACILITY NAME PLEASE PLACE LABEL IN THIS SPACE information that should appear),, please provide it In the proper fill-in area(s) below. 11 the label is complete and correct. you V. FACILITY MAILING need not complete Items I, Ill, V. and VI (except VI -a which ADDRESS must be completed regsrdlassj. Complete all items if no label has been provided. Rater to the instructions for detailed item VI. FACILITY LOCATION descriptions and for the legal authorizations under which this data is collected. 11. POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forms to the EPA. If you answer 'yes' to any questions, you must submit this form and the supplemental torn listed in the parenthesis following the queston. Mark "X" in the box in the third column if the Supplemental form is attached. If you answer 'no* to each question, you need not submit any of these forms. You may answer 'no' if your activity is excluded from permit requirements: see Section C of the instructions. See also, Section D of the instructions for definitions of bold-faced terms. MUM •X' MarM'X' YES NO FORM ATTACHED YES NO ATFORM TAcHEa SPECIFIC oUESTIONS SPECIFIC QUESTIONS A. Is this facility a publicly owned treatment works which B. Does or will this facility (either existing or proposed) results in a discharge to waters of the U.S.? (FORM 2A) X include a concentrated animal feeding operation or X aquatic animal production facility which results In a discharge to waters of the U.S.? (FORM 2B) C. Is this a facility which currently results in discharges to waters of the U,S. other than those described in A or B �/ X D. Is this a proposed facility (other than those described in A or H above) which wi l result in a discharge to waters of X above? (FORM 2C) a 7T the U.S.? (FORM 20) n E. Does or will thts facility treat, store, or dispose of F. Do you or will you inject at this facility industrial or hazardous wastes? (FORM 3) X municipal effluent below the lowermost stratum X containing, within one quarter mile of the well bare, n ri underground sources of drinking water? (FORM 4) G. Do you or will you inject at this facility any produced water H. Do you or wilt you inject at this facility fluids for special or other fluids which are brought to the surface in processes such as mining of sulfur by the Frasch process, connection with conventional oil or natural gas production, X solution mining of minerals, in situ combustion of fossil X inject fluids used for enhanced recovery of oil or natural fuel, or recovery of geothermal energy? (FORM 4) gas, or inject fluids for storage of liquid hydrocarbons? (FORM 4) H ss �6 m v a6 I. Is this facility a proposed stationary source which is one J. 1s this facility a proposed stationary source which is of the 28 industrial categories listed in the Instructions and �/ X NOT one of the 28 industrial categories listed in the v which will potentially emit 100 tons per year of any air instructions and which WiH potenUatty emit 250 tons per pollutant regulated under the Clean Air Act and may affect I I I year of any air pollutant regulated under the Clean Air Act N b or be located in an attainment area? (FORM 5) and may affect or be located In an attainment area? (FORM 5) 111. NAME OF FACILITY 1 SKIP CARUS CO P RATION 11 11 IV. FACILITY CONTACT A. NAME & TITLE (last..Jbst, & title) B. PHONE fai-va coik dr uro.) c 2 C C MACI C ( 0) 8 2-144 tS le A S6 .{ .1 {+ n 66 V.FACILTY MAILING ADDRESS A. STREET OR P.O. BOX J3c 1 1 WOO LAW STREE 16 u u B. CITY OR TOWN C. STATE D. ZIP CODE c 4 B LMO T C 2 012 16 Is 401 44 S] VI. FACILITY LOCATION A STREET, ROUTE NO, OR OTHER SPECIFIC IDENTIFIER c 5 1 il 1 W ODL STREE e le B. COUNTY NAME GAST N a ro C. CITY OR TOWN I D. STATE J F. ZIP CODE F. COUNTY CODE (ii'known) c e B L O T C 21213 1eJ40- IT {I 67 3l EPA Form 3510-1 (8-90) CONTINUE ON REVERSE 1 CONTINUP11 FROM THE FRONT V 1. SIC CODES (4-ftit, in order of riorit A. FIRST - B. SECOND INORGANIC CHEMICALS, NOT ELSEWHERE ii}} (C1110ASS ; (Spec'ify) - 2�1J 6 I FINDUSTRIAL 6 + 19 C. THIRD D. FOURTH (sprc•ifYJ 7 1s +{ 1p - - 7 15 , . 19 Will. OPERATOR INFORMATION A. NAME S.Is the name listed in Item CARUS CORPORATION VW -A also the owner? fl YES ❑ NO 8 Mu 1- 64 w C. STATUS OF OPERATOR linrrr the u ru riurc letter inrn The mrslrer hanv; i f "Other," speci O. PHONE (area rude & rru. F = FEDERAL M = PUBLIC (urhrr-rrraH frderul urs•rule) (epcK fh) 7 S=STATE (spec?fi�) � A ( 04) 822-1441 P - PRIVATE O=OTHER sp 1s { is fig tI 122 pe E. STREET OR P.O. BOX 1 4 1 AODLA N S R E F. CITY OR TOWN G. STATE H. ZIP CODE IX, INDIAN LAND ` B BELMONT NC 28012 Is the facility located on Indian lands? ❑ YES 0 NO u X. EXISTING ENVIRONMENTAL PERMITS ,c.+' ruin irte IYurr A. NPOES OisrhurSI' D. PSD air' Enu'ssiuns li'r,nr art, roxed Soar r rs c I 9 P 15 16 IT I 1p ]e r 9 N IS tl Ip ]e B. UiC (hider 1WHHel ln-erri m of Fluulr E. OTHER ,rvc r c 9 I U I I I J I I I Ic g r I (sprc'i 0 s Ln Itt +s to Is +p +1 m w C. RCRA frety"1luaa 111asrrs E. OTHER s,rri i c I 9 R T t I (speriliJ g 1{ +M1 +1 I. ]9 16 +{ 11 1{ ]0 Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The map must show the outline of the facility, the location of each of its existing and proposed Intake and discharge structures, each of Its hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs, rivers, and other surface water bodies in the map area. See instructions for precise requirements. (II. NATURE OF BUSINESS (provide a brief description} 'he site produces various phosphates sold primarily to municipal water systems for drinking water corrosion :ontrol. XIII. CERTIFICATION (see instructions) i certify under penalty of raw that f have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, l believe that the information is true, accurate, and comptafe. l am aware that there are significant penalties for submitting false information, including the possibility of Cne and imprisonment, A. NAME & OFFICIAL TITLE (rl'prurprint) B. SIGNATURE C. DATE SIGNED DR. CHITHAMBARATHANU G. PILLAI, r _ �� Y,J z1� 1010 REGULATORY MANAGER COMMENTS FOR OFFICIAL USE ONLY c EPA Form 3510-1 (8-90) EPA ID Number (copy fmmitem f of Form 1) Form Approved. OMB No. 2040.0086 Please print or type in the unshaded areas only. Approval expires 5-31-92 FORM V.S. Environmental Protection Agency ' Washington, DC 20460 E PA ZF Application for Permit to Discharge Storm Water NPDES Discharqes Associated with Industrial Activity Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average 28.6 hours par application, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate, any other aspect of this collection of information, or suggestions for improving this form, including suggestions which may Increase or reduce this burden to: Chief, Information Policy Branch, PM-223, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, or Director, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. I, Outfall Locatfan Far each oulfoll, list the latitude and longitude of its location to the nearest 15 seconds and the name of the receiving water. A. Outfall Number (list) -5 B. Latitude C. Longitude D. Receiving Water (name) OF-1 6 16 2 all 2 48 Unnamed tributary to South Fork of Catawba River II. Improvements A. Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described In this application? This includes, but is not limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. 2. Affected outfalls 4. Final 1, identification of Conditions, Compliance Date Agreements, Etc. number source of discharge 3. Brief Description of Project a. req. b. praj. Not Applicable - NA B: You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you plan. Indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction. III Site Drainaae Man Attach a site map showing topography (or indicating the outline of drainage areas served by the outfolls(s) covered in the application if a topographic map is unavailable) depicting the facility including: each of its intake and discharge structures; the drainage area of each storm water outfall; paved areas and buildings within the drainage area of each storm water outfall, each known past or present areas used for outdoor storage of disposal of significant materials, each existing structural control measure to reduce pollutants in storm water runoff, materials loading and access areas,'areas where pesticides, herbicides, soil conditioners and fertilizers are applied; each of its hazardous waste treatment, storage or disposal units (including each area not required to have a RCRA permit which is used for accumulating hazardous waste under 40 CFR 262.34); each well where fluids from the facility are injected underground; springs, and other surface water bodies which received storm water discharges from the facility. EPA Form 3510-2F (1-92) Page 1 of 3 Continue on Page 2 ilinued from the Front , Narrative Description of Pollutant Sources A. For each outfas, provide an estimate of the area {include units) of imperious surfaces (including paved areas and building roofs) drained to the oulfall, and an astimsta of the total surface area drained by the outfall, Outten Number Area of Impervious Surface fpmvide units) Total Area Drained (provide units) Oulfall Number Area of Impervious Sudaca (pr)vida units) Total Area nralnad (provide units) OF-1 000 ft2 Lo acres S. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed in a manner to allow exposure to storm water; method of treatment, storage, or disposal; past and present materials management practices employed to minimize contact by these materials with storm water runoff; materials loading and access areas, and the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied. Chemicals stored at the site include sacks of powders (phosphates, zinc oxide, and zinc sulfate) and aboveground storage tanks of liquids (phosphate materials, phosphoric acid, sodium hydroxide, zinc chloride, zinc oxide, and zinc sulfate). Chemicals are unloaded at loading areas and thon mixed and stored inside the facility. materials are stored inside the building on a concrete floor. only one open floor drain is present inside the facility; the drain leads to an on -site sump which discharges to the sanitary sewer. The only exposure Co stormwater is during unloading and loading activities. small amounts of pesticides, herbicides, soil conditioners, and fertilizers are applied to landscaped areas at the site. C. For each outfall, provide the location and a description of existing structural and nonstructural control measures to reduce pollutants in storm water runoff; and a I description of the treatment the storm water receives, including the schedule and type of maintenance for control and treatment measures and the ultimate disposal of any solid or fluid wastes other than by discharge. Outfall List Codes from Number Treatment Table 2F-1 OF-1 Loading areas are concrete and sloped towards building. Trench drain along building in/near 3-G loading area captures pollutants and atormwater and flow into sump and eventually discharge to sediment basin/pond. Basin/pond discharge lines are near the top of the pond allowing evaporation and settlement. Drip pane are located at hose connections along east side of facility. Nonstructural controls include a stormwater pollution plan,spill prevention and response measures, training, visual inspections, preventative maintenance, and housekeeping. . Nonstormwater Disc A. 1 certify under penalty of law hat the outfaft(s) covered by this application have been tested or evaluated for the presence of nonstormwater discharges, and that all nonstormwater discharged from these oulfall(s) are identified in either an accompanying Form 2C or From 2E application for the oulfall. Name and Official Title (type or pfint) Signature _' Jy Data Signed DR. C. G. PILLAI, REGULATORY mrR CAoc Ko~-." Nye,.. Pt V owl �-/ 1a- / z of o B. Provido a description of the method used, the date of any testing. and the onsite drainage points that were directly observed during a test, rual observation of storage areas, sediment basin/pond, drainage ditch from pond, and outfall OF-1. significant Leaks or Provide existing information regarding the history of significant leaks or spills of toxic or hazardous pollutants at the facility in the last three years, including the approximate date and location of the spill or leak, and the type and amount of material released, leaks or apills of toxic or hazardous pollutants at the facility in the last three years. EPA Form 3510-2F (1-92) Page 2 of 3 Continue on Page 3 Continued from Pacle 2 1 EPA ID Number (copy from Item P of Form 1) vu. vrauuar ye II1141lrrouvil A, B, C, & D; See instructions before proceeding. Complete one set of tables for each outfall. Annotate the outfall number in the space provided. Table ViI-A, VII-B, VII-C are included on separate sheets numbers VII-1 and VIi-2. E. Potential discharges not covered by analysis - is any toxic pollutant listed in table 2F-2, 2F-3, or 2F-4, a substance or a component of a substance which you currently use or manufacture as an intermediate or final product or byproduct? ❑ Yes (list all such pollutants below) No (go to Section A) Vlll. Biological Toxicity Testing Data Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? ❑ Yes (list all such pollutants below) .❑ No (go to Section IX) iX. Contract Analysis Information Were any of the analyses reported in item VII performed by a contract laboratory or consulting firm? © Yes (list the name, address, and telephone number of, and pollutants ❑ No (go to Section X) analyzed b , each such borafory or firm below A. Name B. Address C. Area Code 8 Phone No. D. Pollutants Analyzed Pace Analytical 9000 Kincey Ave, Suite 100, 704-875.9092 oil and grease, zinc, TSS, Hunceroville, NC 2B078, BOD. COD, pH, TKN, nitrogen, phosphorous X. Certification l 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 property 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 fine and imprisonment for knowing violations. A. Name & Official Title (Type Or Print) B. Area Code and Phone No. DR. CHIT14AMBARATHANU G. PILLAI, REGULATORY MANAGER (815) 224-6863 ignature D. Dale Signed Ck,,- K&~- t"' �F. -e. IY 1 Xya�: rS Y. 3-2-! 2 Of 0 EPA Form 3510.2F (1.92) Page 3 of 3 EPA la Number (copy from Item 7 of Form 1 ) Form Approved. OMB No. 204M088 Aooroval exoiras 5-31-92 V11. Discharge information (Continued from page 3 of Form 2F) Part A — You must provide the results of at least one analysis for every pollutant in this table. Complete one table for each outfall. See instructions for additionai details. Pollutant and CAS Number (if available) Maximum Values include units Average Values include units Number of Storm Events Sampled Sources of Pollutants Grab Sample Taken During First 20 Minutes Flow -Weighted Composite Grab Sample Taken During First 20 Minutes Flow -Weighted Composite Oil and Grease ND N/A NA NA 1 Biological Oxygen Demand (B005) 600 mg/1 NA - pond outfall Chemical Oxygen Demand( COD 34 mg/l NA - pond outfall Total Suspended Solids (TSS) 24.7 mg/1 NA - pond outfall Total Nitrogen 0.96 mg/l NA - pond outfall Total Phosphorus 1.4 mg/1 NA - pond outfall PH Minimum is.? Maximum 6 , 7 Minimum Maximum Part B— List each pollutant that is limited in an effluent guideline which the facility is subject to or any pollutant listed in the facility's NPDES permit for its process wastewater (if the facility is operating under an existing NPOES permit). Complete one table for each outfall. See the instructions for additional details and requirements. Pollutant and CAS Number ()f availab)e) Maximum Values (include units) Average Values (include units) Number of Storm Events Sampled Sources of Pollutants Grab Sample Taken During First 20 Minutes Flow -Weighted Composite Grab Sample Taken During First 20 Minutes Flow -Weighted Composite EPA Form 3510-2F (1-92) Page VII-1 Continue on Reverse Continued from the Front Part C - List each pollutant shown in Table 2F-2, 2F-3, and 2F-4 that you know or have reason to believe is present. See the instructions for additional details and requirements. Complete one table for each outfal1. Maximum Values Average Values (include units (include un(ts) Number Pollutant Grab Sample I Grab Sample of and Taken During Taken During Storm CAS Number First 20 Flow -Weighted First 20 Flow -Weighted Events (if available) Minutes Composite Minutes Composite Sampled Sources of Pollutants phosphate 1.4 mg/1 1 zinc 223 ug/1 1 Pan D— Provide data for the storm event(s) which resulted in the maximum values for the flow weighted composile sample. 4. 5. 1 • 2. 3- Number of hours between Maximum Row rate during 6. Date of Duration Total rainfall beginning of storm measured rain event Total Row from Storm of Storm Event during storm event and and of previous (gallons/mrhute or rain event Event (in minutes) (in inches) measurable rain event specify units) (gallons or specify units) 12/2/09 873 2.84 ' j 7. Provide a description of the method of flow measurement or estimate. i NOAA weather Station EPA Form 3510.2F (1-92) Page VII-2 S "NIN kV! -Q-3r m NW --,g V " ce � ffl Rl RE. ®R Ar Site Location Map Cams Corporation 04'royn7sm: nslm� 1 :4 181 Wood lawn Ave. Belmont,NC I - Sediment Basin / Stormwater Detention Pond 2 - City Sanitary Sewer Lift Station Direction of Surface Water Flow from Pond 2008 Aerial Photograph Carus Corporation 181 Woodlawn Ave. REF.: Gaston County GIs Belmont NC Dec 2DD8 I Figure2 Wend,\ 1 -Tanker truck unloading area 2 - Loading docks 3- Chemical aboveground storage tanks(ASTs) 4 - Underground sumps/holding tanks 5 - Trash container / Cardboard recycling c tainer 6 -Pad-mounted transformer 7. Empty tote / drum storage area A - D Underground concrete sumps p Aboveground storage tanks - phosphates, wateine chloride, mixtures �o Stormwater catch basin /trench dtaia \ Direction of Surface Water ,q ow (dashed lines are underground ilow icy red lines are Dow to sanitarysewer) OF Stormwater outfaa location y� Hatched areas are impervio� surfaces(buading paved etc) iiil. / Gress `@ ManufacturingBuilding 'Gress Tress/ Wooded A / Gross TresI Weodetl Vxax land 6edl/Porch /:i✓ Trees/ Wooded / / /9pe, Tress I Wooded OF-1` r ` Scale: l inch = 80 feet smrgn.(E......eQinl.utuieeharee.Wrngdt[tegeitudet Site Drainage Map OF-1 35 deg 161211 N l81 deg 2' 48" W Carus Corporation 181 Woodlawn Street REF.: General site layout taken from Process and Smrmwarer Management Sire Plan, Belmont NC NorCar Technologies Drawing Cl dated 8/6/04. Map prepared by Blue Ridge Geological Svcs Au ust2o10 FIBum 3 ceAna0calm wwwpeoefads.com December 08, 2009 Mr. Jeff Gerlock Blue Ridge Geological Services 306 Eden Terrace Suite C Archdale, NC 27263 RE: Project: CARVS 200969 Pace Project No.: 9258707 Dear Mr. Gerlock: Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7178 Pace Analytical Services, Inc. 9800 Kinoey Ave. Suite 100 Huntersville, NC 28076 Enclosed are the analytical results for sample(s) received by the laboratory on December 02, 2009. The results relate only to the samples included in this report. Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the body of the report. Inorganic Wet Chemistry and Metals analyses were performed at our Pace Asheville laboratory and Organic testing was performed at our Pace Fluntersville laboratory unless otherwise footnoted. All Microbiological analyses were performed at the laboratory where the samples were received. If you have any questions concerning this report, please feel free to contact me. Sincerely, qt�n8014� Erin Waters erin.waters@pacelabs.com Project Manager Enclosures REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In full, without the written consent of Pace Analytical Services, Inc.. x �aee,e (704)875-9092 Page 1 of 15 "Analytical' www.paceladscnm Project: CARVS 200969 Pace Project No.: 9258707 ( Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254.7176 CERTIFICATIONS Pace Analytical Services, Inc. 9800 Kinsey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Charlotte Certification IDS 9800 Kinsey Ave. - Ste 100 Huntersvilie, NC 28078 North Carolina Field Services Certification #: 5342 West Virginia Certification #: 357 North Carolina Wastewater Certification #: 12 Connecticut Certification #: PH-0104 Pennsylvania Certification #: 68-00784 FloridaINELAP Certification #: E87627 South Carolina Certification #: 990060001 Kentucky UST Certification#: 84 South Carolina Drinking Water Cart #: 990060003 Louisiana/LELAP Certification M 04034 Tennessee Certification #: 04010 New Jersey Certification #: NCO12 Virginia Certification #: 00213 North Carolina Drinking Water Certification M 37706 Asheville Certification IDS 2225 Riverside Dr. Asheville, NC 28804 Connecticut Certification #: PH-0106 Louisiana/LELAP Certification #: 03095 Massachusetts Certification #: M-NC030 New Jersey Certification #: NC011 North Carolina Bloassay Certification #: 9 North Carolina Drinking Water Certification #: 37712 North Carolina Wastewater Certification #: 40 Pennsylvania Certification M 68-03578 South Carolina Bioassay Certification #: 99030002 South Carolina Certification M 99030001 Tennessee Certification #: 2980 Virginia Certification #: 00072 West Virginia Certification #: 356 FloridaINELAP Certification #: E87648 REPORT OF LABORATORY ANALYSIS This repot shall not he reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 2 of 15 ooze s aceAnalytical www.paeemacom Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 ANALYTICAL RESULTS Pace Analytical Services, Inc. 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Project: CARVS 200969 Pace Project No.: 9258707 Sample: OFA Lab ID: 9258707001 Collected: 12/02/09 15:45 Received: 12/02/09 17:10 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual HEM, Oil and Grease Analytical Method: EPA 1664A Oil and Grease ND mg/L 5.0 1 12/03/09 09:13 200.7 MET ICP Analytical Method: EPA 200.7 Preparation Method: EPA 200.7 Zinc 223 ug/L 10.0 1 12/0310911:45 12/03/09 21:43 7440-66-6 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 24.7 mg1L 16.7 1 12/03/09 23:19 5210B BOD, 5 day Analytical Method: SM 5210B SOD, 5 day 600 mg/L 20.0 10 12103/0912:09 12/08/09 09:30 9040 pH Analytical Method: EPA 9040 pH 6.7 Std. Units 0.10 1 12/03/09 16:55 351.2 Total Kjeldahl Nitrogen Analytical Method: EPA 351.2 Nitrogen, Kjeldahl, Total 0.96 mg/L 0.50 1 12/04/09 12:31 7727-37-9 353.2 Nitrogen, N021NO3 pros. Analytical Method: EPA 353.2 Nitrogen, NO2 plus NO3 0.77 mg/L 0.10 1 12104/0911:22 305.1 Phosphorus, Total Analytical Method: EPA 365.1 Phosphorus 1.4 mg/L 0.10 1 12/04/09 13:21 7723-14-0 5220D COD Analytical Method: SM 5220D Chemical Oxygen Demand 34.0 mg/L 25.0 1 12/04/0919:05 Date: 121081200904:01 PM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. B2 H6 MO MO Mo Page 5 of 15 • Pace Analytical Services, Inc. Pace Analytical Services, Inc. Otto lytica CIL.xMnttpeoel8hs.wrnl 2225 Riverside Dr. 9800 Kincey Ave. Suite 100 Asheville, NC 28804 Fluntersville, NC 28078 (828)254-7178 (704)875.9092 QUALIFIERS Project: CARVS 200969 Pace Project No.: 9258707 DEFINITIONS DF - Dilution Factor, if reported, represents the factor applied to the reported data due to changes in sample preparation, dilution of the sample aliquot, or moisture content. ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL -Adjusted Method Detection Limit. S - Surrogate 1,2-Diphenylhydrazine (8270 listed analyte) decomposes to Azobenzene. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP- Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. Pace Analytical Is NELAP accredited. Contact your Pace PM for the current list of accredited analytes. U - Indicates the compound was analyzed for, but not detected. ANALYTE QUALIFIERS B2 Oxygen usage is less than 2.0 for all dilutions set. The reported value is an estimated less than value and is calculated for the dilution using the most amount of sample. M6 Analysis initiated more than 15 minutes after sample collection. MO Matrix spike recovery and/or matrix spike duplicate recovery was outside laboratory control limits. R1 RPD value was outside control limits. Date: 12/08/2009 04:01 PM REPORT OF LABORATORY ANALYSIS Page 15 of 15 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Ina. `� •aeore. a /1'12'ce6�.*Mj- 8aetfon A CHAIN -OF -CUSTODY 1 Analytical Request Document SOCB / 9 s.ctinn C RMdM Pm)M WWnWkNL Irwalce Int9melkn: 0 • R Commrw*Rpi3Es r GM)LINDWATER DFUNKINGWATER I MATRIX f CODE Water WT Waste water WW Oil OL SAMPLE ID Air AR I/. MUST BE UNIQUE• \ , Am ON ® ■r■■■■■■�■■■■■■■■■ ■■■■■■■■■■■■■ MEN MEN NNE NE ® ■is�■r�■■■�■■■■■■■■ ■■■■■N■■■■■■■ NOW MEN MON 00 ■r■■■r■■■■■■■■■■■■ ■■■ ■r■■■■■■■ SON MON SON ME ■■■■■■■r■■■■■■■■ ONE ■■■■N■NN■ ■ ■i����■■■■■■■i■i ■■rrrNN■■rEN■ VNE MEN NON ME ■■����■■■■■■■■■■ ■■■E■■r■■N■■■ MEN MEN MEN NO ■r■■�■r■■■■■■■■■■■■ ■■■■■r■■■r■■■ MEN MON MEN ON ® ■i■�■�■�■■■■■■�■ ■■■■■■■■■N■■■ SON MEN SON NO ®MINION■■�■�■■■■�■■■■■■ ■■■■■■■■■r■■■ r,.1:.. ti. = _4. IhVoet m Now.. By slp ft ehistalm You • e •omptiV Pw" NET 30 day P•Yt•/11! terms rw spradnp t• h0s oharps• of 1.e'K par moelth tar ap�l nee paid wihin 90 drys. / ' F-ALL-GF020rev.07, t5-Mey-2007i