HomeMy WebLinkAboutNCS000130_FINAL PERMIT_20070427— STORIVIVHATER"DIVISION-CODING-SHEET-- --
PERMIT NO.
000� v�
DOC TYPE
�. FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
I�,pp-7
YYYYMMDD
Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
RECEIVED
April 27, 2007'
APR 30 W
Mr. Stanley Martin
Perdue Farms, Inc.
OENR_FAYMEVLLEREGIONALOr"F€CE
P.O. Box 1357
Rockingham, NC 28379
Subject: Final NPDES Stormwater Permit
Permit NCS000130
Perdue Farms Incorporated
Richmond County
Dear Mr. Martin:
In response to your renewal application for continued coverage under NPDES Stormwater permit
NCS000077, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9,1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on February 26, 2007.
Failure to complete the analytical and qualitative monitoring as required is a violation of the permit and
any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A,
Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of
Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such
demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed
in case of change in ownership or control of this discharge. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act or any other
Federal or Local governmental permit that may be required.
Following discussions with our Regional Office regarding the outfall for this facility, it has been
determined that there is only one outfall, as you indicated in your letter which was received by our
office on March 13, 2007. Please continue to monitor at this location.
North Carolina Division of Water Quality (919) 733-7015
1617 Mail Service Center FAX (919) 733-0719
Raleigh, North Carolina 27699-1617 On the Internet at http:/lh2o.enr.state.nc.us/
Mr. Stanley Martin
Perdue Farms
Permit No. NCS000130
Page 2
If you have any questions or comments concerning this permit, contact Kelly Johnson at (919) 733-5083 x
376 or Kelly.p.Johnson@ncmail.net.
Sincerely,
ORIGINAL. SIGNED BY
BRADLEY BENNETT
For Alan W. Klimek, P.E., Director
cc: = Fayetteville Regional Office, Michael Lawyer
Stormwater Permitting Unit
Central Files
enc: Stormwater Permit, NCS 000130
NCS000130
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 Pollution Control Act, as amended,
Perdue Farms, Inc.
is hereby authorized to discharge stormwater from a facility located at
Perdue Farms Incorporated
416 South Long Dr.
Rockingham, NC
Richmond .County
to receiving waters designated as Falling Creek, a class WS-II1, CA stream in the Yadkin -Pee,
Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts I, II, III, IV, V and VI hereof
This permit shall become effective April 27, 2007.
This permit and the authorization to discharge shall expire at midnight on April 26, 2012
Signed this 271h day of April 2007
ORIGINAL. SIGNED BY
ERADL EY BENNETT
for Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000130
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II . MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
'DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical -Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On=Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS 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
i
Permit No. NCSOOO 130
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative OutfalI'
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI . DEFINITIONS
ii
Permit No. NCS000130
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to- discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
The discharges allowed by this individual permit shall not cause or contribute to violations of
Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP Permit No. NCS000130
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Latitude:
Part I Page 2 of 2
Permit No. NCS000130
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:
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 the following:
a. A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
b. A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
C. A site map drawn to scale with the following items. A site map containing all of
these elements must be submitted to the Division one year after the effective date
of this permit:
(1) Distance legend and north arrow
(2) Location of industrial activities (including storage of materials,
disposal areas, process areas and loading and unloading areas)
(3) Drainage structures
(4) Delineated drainage areas for each outfall
(5) Drainage area for each outfall in acres and percentage of
each drainage area that is impervious
(6) Building locations
(7) Existing BMPs and impervious surfaces
(8) For each outfall, a narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge.
d.. A list of significant spills or leaks of pollutants that have occurred at the facility
during the.3 previous years and any corrective actions taken to mitigate spill
impacts.
e. Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
Part 11 Page 1 of 8
Permit No. NCSOOO 130
accordance with the requirements found in Part I1I, Standard Conditions, Section
B, Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
a. Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
b. Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. 'If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that. accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five years.
BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
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 team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
Part I1 Page 2 of 8
Permit No. NCs000 130
stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may
not be sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to. surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard. Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on
at least a semiannual schedule, once in the fall (September -November) and once in the
spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Stormwater discharge characteristic monitoring as required in Part II of this permit shall
be performed in addition to facility inspections.
9. Implementation. The permittee shall document all monitoring, measurements,
inspections and maintenance activities and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
Part II Page 3 of 8
Permit No. NCS000130
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater subject to the provisions of this permit.
Analytical monitoring of stormwater discharges shall be performed as specified below in Table
1.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 20 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO). The permittee shall complete the
minimum 20 analytical samplings in accordance with the schedule specified below in Table 2.
Monitoring results shall be compared to the benchmark values in'Table 3. The benchmark
values in Table 3 are not permit limits but should be used as guidelines -for the permittee's
Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any
benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall
review and/or update the SPPP and document any efforts to address stormwater contamination.
Table 1. Analytical Mo itoring Re uirements
Y `�i, n�iY{Ys. 7P
DischargQe 4 ��' ' `
`i'.�,j�III°rA'r,�d'�
.. :a,,Cilafl'iiCteCl5tIC5;,: a.o
¢.ra 11 .Fri
�_ i
h c,�
.... I,U111tS,'.
�Measurement'FretquencYt ,
�,, 1,i w�„r x,, .jj,r �� if ���'",,I ��
i a, u t
i ,. �I„ r ,;�K .t..., ,,.� ..,� .t .
' Sample' &
'. l=,=., r,v;
c I 2
�. TE;in
Sam lei
�'^.5
3 p
.I,ocat]Ull.w:
BODs
m L
Quarterly
Grab
SDO
COD
mgAL
Quarterly.
Grab
SDO
TSS
m
Quarterly
Grab
SDO'
TP
m
Quarterly
Grab
SDO
H
standard
Quarterly
Grab
SDO
Fecal Coliform
col. per
100 mI
Quarterly
Grab
SDO
Oil and Grease
m
Quarterly
Grab
SDO
Chloride
m L
Quarterly
Grab
SDO
Nitrate plus Nitrite Nitrogen
03 + NOz
: g�
m
Quarterly
Grab
SDO
Total Rainfall
inches
Quarterly
Rainfall Event Duration
minutes
Quarterly
Footnotes:
1 Measurement Frequency: All monitoring will be performed four times per year for each year until either another
,permit is issued for this facility or until this permit is revoked or rescinded. Quarter one is January through
Part II Page 4 of 8
Permit No. NCS000130
March, Quarter two is April through June, Quarter three is July through September, and Quarter four is October
though December. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork
for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit.
The applicant must continue quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of
monitoring periods through the end of this permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
Table 2. Monitoring Schedule
t
�iMonrtortng peir•iod «
w _:: ,
E,'Sample Nunber���:,�
r
Start !�'
� End
_ 'a-�
Year 1
1
April 2007
June 2007
Year 1
2
July 2007
September 2007
Year 1
3
October 2007
December 2007
Year 1
4
January 2008
March 2008
Year 2
5
April 2008
June 2008
Year 2
6
July 2008
September 2008
Year 2
7
October 2008
December 2008
Year 2
8
January 2009
March 2009
Year 3
9
April 2009
June 2009
Year 3
.10
July 2009
September 2009
Year 3
11
October 2009
December 2009
Year 3
12
January 2010
March 2010
Year 4
13
April 2010
June 2010
Year 4
14
July 2010
September 2010
Year 4
15
October 2010
December 2010
Year 4
16
January 2011
March 2011
Year 5
17
April 2011
June 2011
Year 5
18
July 2011
September 2011
Year 5
19
October 2011'
December 2011
Year 5
20
January 2012
March 2012
Footnotes:
I Maintain quarterly monitoring during permit renewal process.
Part II Page 5 of 8
Permit No. NCS000130
Table 3. Benchmark Values for Analytical Monitoring
�' f
w sti
Discharge Charactcr. �cs
Benchmark
BOD5
mg/L
30
COD
mg/L
120
TS S
mg/L,
100
Total Phosphorus
mg/L
2
pH
Standard
6-9
Fecal Coliform
col. per 100 ml
1000
Oil and Grease
mg/L
30
Chloride
mg/L
250
Nitrate plus Nitrite Nitrogen
(NO3 + NOD
m
10
This site discharges to impaired waters experiencing problems with aquatic weeds. If a Total
Maximum Daily Load (TMDL) is approved for this segment of Falling Creek, 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 stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 4. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests
are required. Qualitative monitoring of stormwater outfalls is performed when stormwater
discharge occurs but does not need to be performed during a representative storm event.
In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the Stormwater Pollution Prevention_
Plan, and submitted with the permit renewal application.
All qualitative monitoring will be performed quarterly, as defined in the analytical monitoring
section
Part II Page 6 of 8
Permit No. NCS000130
Table 4. . Qualitative Monitoring Requirements
Dist barge Charaeteristtes N
Frequency
t�Monitoring;
g' fV1.1.'A
:_Locataon?
i''
tl
Color
Quarterly
SDO
Odor
Quarterly
SDO
Clarity
Quarterly
SDO
Floating Solids
Quarterly
SDO
Suspended Solids
Quarterly
-SDO
Foam
Quarterly
SDO
Oil Sheen
Quarterly
SDO
Other obvious indicators
Quarterly
SDO
of stormwater pollution
Footnotes:
1 Measurement Frequency: All monitoring will be performed four times per year for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. Quarter one is January through
March, Quarter two is April through June, Quarter three is July through September, and Quarter four is October
though December. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork
for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit.
The applicant must continue quarterly 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)
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
outfalls, which. discharge stormwater runoff from areas with only vehicle' maintenance. if the
vehicle maintenance outfall(s) contain discharge from areas where contaminants other than
vehicle maintenance are occurring, then the permittee must perform monitoring for all of the
parameters in Table 1.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring -will result in a minimum of twenty analytical samplings being conducted over the
term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater
runoff from vehicle maintenance areas. The permittee shall complete the minimum nine
analytical samplings in accordance with the schedule specified in Table 2 (Section B).
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any.
benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall
review and/or update the SPPP and document any efforts to address stormwater contamination.
Part 11 Page 7 of 8
Permit No. NCS000130
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenancg
- -
A
DIAsChu; rgeJCharacterishcs;14
I;F Y�._ IAClil _111 11 �11� 1
YI �f
A',,�Unets$I�Ir!
Y''-�7� - f
i,•.ra �3� k� �r
r ,��� � �� I�
Measurementl�
��k•irC`
,',Fre uenc ���t
tk''
III IL
,a -Sampled ,
4r��T 2, 1�
Sample y3'
I...'A
�,;ILocation
H
standard
Quarterly
Grab
SDO.
Oil and Grease
mgAL
Quarterly
Grab
SDO
Total suspended Solids
m
Quarterly
Grab
SDO
New Motor Oil Usa a
allons/month
Quarterly
Estimate
-
Total Rainfall
inches
.Quarterly
Rainfall Event Duration
minutes
Quarterly
Footnotes:
I Measurement Frequency: All monitoring will be performed four times per year for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. Quarter one is January through
March, Quarter two is April through June, Quarter three is July through September, and Quarter four is October
though December. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork
for a renewal application before the submittal deadline, the pennittee will be considered for a renewal permit.
The applicant must continue quarterly 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. If the detention pond discharges only in response
to a storm -event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
'IFDischar -e Cha`racieristtcs ",
t `�=UnstsAir,ll,'
' "
g ., . ri .... ; _:
� � ..
'�i�l�� . ,Bench�mark�"'!
pH
standard
6-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
100
Part II Page 8 of 8
Permit No. NCS000130
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within
12 months of the effective date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall
be accomplished prior to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the .
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum
amount not to exceed.$137,500. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR
l 22.41(a).]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000
per day for each day during which the violation continues, with the maximum amount of any Class
If penalty not to exceed $137,500.
Part III Page 1 of 8
Permit No. NCS000130
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
Civil and Criminal Liability
Except as provided in Part 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.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittce from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, orany exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Dahl to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the .
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
Pan: III Page 2 of 8
Permit No. NCS000130
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. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after noiice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
Part III Page 3 of 8
Permit No. NCS000130
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."
4. Individual Permit Modification. Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. al.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper O eration and Maintenance
The permittee shall at all times'properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was, unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
Part III Page 4 of 8
Permit No. NCS000130
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 111, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2., Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Part III Page 5 of 8 '
Permit No. NCSOOO I30
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 results shall also be maintained on -site: The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date'of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of theDirector), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
DischargeMonitoringResorts .
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the. sampling results from the laboratory.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part III Page 6 of 8
Permit No. NCS000130
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all -reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-StormwaterDischaraes
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Chances
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.
7. Bypass
a.. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Part III Page 7 of 8
Permit No. NCS000130
.N
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
5
Part III Page 8 of 8
NCS000130
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the 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 Individual Permit.
PART VI DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater 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.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page I of 5
Permit No. NCS000130
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq. -
S. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
.9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
Part VI Page 2 of 5 Pages
Permit go. NCS000130
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. 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.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfali Status
When it is established that the discharge of stormwater runoff' from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
20. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include wastewaters
utilizing any type of detergent or cleaning agent.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 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 Superf tnd Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table Il (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 I(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
Part VI Page 3 of 5 Pages
Permit No. NCS000130
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 Si3ills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
27. Stormwater Associated with Industrial 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.
28. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
Part VI Page 4 of 5 Pages
Permit No. NCS000130
31. Total Maximum Daily Load TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive -and still meet
water quality standards, and an allocation of that amount to the pollutanes sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes
the water quality standards and TMDL programs.
32. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
33. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
35. 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.
36. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages