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HomeMy WebLinkAboutNCS000536_FINAL PERMIT_20090403STORMINATER'DIVISION-CODING SHEET-- PERMIT NO. NC g ocb! 1� DOC TYPE ,6 FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ aoto l l 3d YYYYMMDD I= - Beverly Eaves Perdu. Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality e Colleen H, Sullins Director November 30, 2010 Mr. John Sich Floorazzo Tile, l-LC 215 West Third St. Siler City, North Carolina 27344 Subject: Final NPDES Stormwater Permit Permit No. NCS000536 Floorazzo Tile, I.I-C Chatham County Dear Mr, Sich: Dee Freeman . Secretary RECEIVED DEC --22010 NC DENR Raleigh Regional Office In response to your application for coverage under an NPDES Stormwater permit, the Division of Water Quality (DWQ) is forwarding herewith the subject state - NPDES permit, NC5000536. 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 U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the revised draft permit emailed to you and Mr. Harvey Harman on October 14, 2010. Although no formal comments were received from either you or the public on the draft permit by the comment period deadline of November 14, 2010, DWQ did receive and consider the two emailed comments received November 29, 2010 in the finalization of the permit. The comments related to the draft were understood as a request to (1) remove one or two outfall locations near the roadway based on their commingling with road runoff and (2) remove acute toxicity monitoring requirements from the permit entirely. The basis for rejecting the inclusion of your requests at this time is presented below for your consideration. First, during the site visit performer! on January 6, 2010, Floorazzo and DWQ staff identified five separate outfall locations with either the potential to receive runoff from the facility or that contained evidence of waste product migration. These locations were agreed upon as the appropriate outfalls to be sampled. While we acknowledge that it may be possible for road runoff to commingle with Florrazzo's runoff at one or more outfall locations, that argument alone without further data or observation to verify the assertion is not sufficient to exclude the outfalls in question from monitoring. At this time, it would be premature remove these outfall locations. However, the Raleigh Regional Office has the authority to grant Floorazzo representative outfall status to reduce the number of sampled outfalls based on their similarity of discharges to other outfall locations if supported by analytical data or other evidence. An application must be made for this request and can be found on our website at http://portal.ncdenr.orcilweb/wci/ws/su/`npdessw. There is no fee associated with this request. Secondly, Floorazzo's comments regarding acute toxicity testing did not provide a clear argument for its removal as a parameter. As you or Mr. Harman may recall, this parameter was requested during the initial wetlands and Slormwaier Branch QnC 1617 Mail Service Center. Raleigh, North Carol'ma 2769�-•I617 North Carol i lia Location: 5.8 N. Salisbury SI, Raleigh, North Carolina 27604 .y ,Vatural `y Phone: 919.1307.63001 FAX: 91 Q.eD7.64941 Customer Service: 1.877.623-6746 �J/�y/ L/ Internet: www.ncwalefquallty.org An EQual ooaortundv % Afliimativa Action EmoVovw Mr. John Sich , Floorazzo Tile, LLC Permit No. NCS000536 application sampling but was not collected because the selected laboratory was not capable of performing the test. Based on the analytical results of the outfall locations that were provided, including the presence of stryrene and other pollutants, and the fact that Love's Creek is an impaired stream with impairment attributed to toxic chemicals from urban runoff, the addition of acute toxicity testing as a monitoring parameter was deemed appropriate. At this time, DWQ has no contrary data to warrant removal of this testing parameter. Please keep in mind that DWQ has the ability to make minor modifications to the permit, including changes to monitoring requirements, at any time it is warranted. Our recommendation for Floorazzo would be to collect data on stormwater discharges according to permit requirements for at least one year (4 events minimum), analyze the data, and present it to us with your request(s) to modify and reduce sampling requirements for the remainder of the permit cycle. This type of approach will provide a clearer picture for both Floorazzo and DWQ to make appropriate decisions going forward. Please note that failure to complete the 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 16 "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. If you have any questions or comments concerning this permit, please contact Cory Larsen at (919) 607-6365 or cory.larsen@ncdenr.gov. cc: Raleigh Regional Office, Vick Webb EPA Region IV, Mike Mitchell Central Files Stormwater Permitting Unit Attachments Sincerely, /OL/� 1,49�e Lt_, forColeen H. Sullins, Director 2 • NCS000536 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 143-2I 5.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, F'LOORAZZO TILE, LLC is hereby authorized to discharge stormwater from a facility located at Floorazzo Tile, LLC 215 West Third Street Siler City, NC 'Chatham County to receiving waters designated as Loves Creek, a class C stream in the Cape Fear 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 December 1, 2010. This permit and the authorization to discharge shall expire at midnight on November 30, 2015. Signed this day, November 30, 2010. ,for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission . Permit No. NCS000536 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: Sto'rmwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART Ill STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3'. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i • • Permit No. NCS000536 4. Individual Permit Modif cation, 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 Outfall 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. Arnticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting I0. Othier Noncompliance ]I. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 #� •Permit No, NC5000536 i PART I INTRODUCTION • 1 SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a'No Exposure Certification must submit a No Exposure Certification NO] 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 or revoked, the permittee is authorized to discharge stormwater to the surface waters of North-Caiolina or separate storm sewer system that has been adequately treated and managed in accordance 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 discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or -local law, rule, standard, ordinance, order,judgment, or decree. Part I Page I of 2 SECTION C: LOCATION MAP • Permit No. NCS000536 J%�'�. II'._,' + ( r-.,• t^f .i��w.`''k! „�k•..�� IFS•`"`7.L � �' '• , it /'' . - ' ' ',5 )'•I5 :�•' n� f .+ / 7 { f • ,r�,'. , all. V NVVt'.Aj... n:;:•-• ::.� , k`: "f...r: i`. +1�;:� ti. i \,� ik'V yr,'f,y }� ..•.�✓I� �'t•II! Jf :!! Mr. I(,� ' O � .R= �_ �� / wra µ,.T. axe=•�.� K• ter" '\t�•.a..�,' '"•••`�.M i,. '� " ;�_N'..fi,'' r'y, ti..,,:`��'tf'y�� w ,ice -��. e\ •� i I •/.. 7 �� �_ � SJ6s�a tloli ? "'�. + :r:: .i s - :::s, =�'• � ,;• � r' �•',r�r r J • • �.''. - �:.. i• ,T. ''I �a. 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'f '+.: ;•.41.:'r=(il.\\ �•'�i, a'--f/ill !'Ifs ''�.a.J�i��l•T" -Jill- ti`,:**;4` _ .'/,/ rr �`r l•..�h 1! � i J'� � 1 .'i `4 t- .`.,r'� t, r '•j _ � � `---�'{�� `I ,i�t i'/�•J'r- '�v_ �1.7" .•� ``"•' 'S"+� 'i,i�e.^''�,\' ....^�•�"r• J i�k .l •~V i`.z;�, ^�7.`''• NCS00053C Map Scale 1: 20, 000 FLOORAZZO TILE, LLC Lab bade: 350 43' 25" N Longitude: 790 28' 01" W County: Chatham Receiving Stream: Loves Creek Stream Class: C Sub -basin: 03-06-12 (Cape Fear' River Basin) Facility Location • Permit No. NCS000536 PART II ' MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES . SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfali(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 alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants 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 I of 10 • . Permit No. NCS000536 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical 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 Requirements and Records.. Secondary containment is required for: bulk storage of liquid materials; storage in any amount.of Section 313, of Title III of the Superfund Amendments and Reauthorization Act (SARA)- water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a lucking 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 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. (e) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. 'Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall'be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part 11 Page 2 of 10 • • Permit No. NCS000536 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 (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance; and housekeeping shall be recorded in writing and maintained in the SPPP. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters, All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include 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 tl Page 3 of !0 • iPermit No. NCS000536 submit.a time schedule to the,Director forrrnodifyirig`the Plan to meet minimum requirements. The pernittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless perfonned more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 9. Implementation. The pennittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 10 0 • Permit No. NCS000536 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 .14 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storrn 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 Fre uene t Sample Type2 Sample Location3 Total Sus ended Solids m L Quarterly, semi-annual Grab SDO Chemical Oxygen Demand m L Quarterly, semi-annual Grab SDO St ene m L Quarterly, semi-annual Grab SDO H standard Quarterly, semi-annual Grab SDO Acute Toxicity5 % Quarterly, semi-annual Grab SDO Total Rainfal14 inches Quarterly, semi-annual ain Gauge - Footnotes: I Measurement Frequency: Four times per year during a representative storm event for .Year I and Year 2, and then, upon approval from Raleigh Regional Office (RRO) based on permit compliance, status,'twice per year for the remainder of the permit according to the schedule in Table 2. if RRO approval is not granted, maintain quarterly monitoring for the remainder of the permit. 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. 5 Acute Toxicity shall be performed in accordance with Appendix A at the end of this permit. The permittee shall complete a minimum of 14 analytical samplings in accordance with the, schedule specified below in Table 2. A minimum of 30 days must separate sample dates unless monthly monitoring has been instituted under a Tier Two response. Part lI Page 5 of 10 • • Permit No. NCS000536 i�sr., s,• (s. Table 2. Monitorint; Schedule Monitoring period('Z_` Sample Number I Start End Year I.- Period i I December 1, 2010 February 28, 20 11 Year 1 - Period 2 2 March 1, 2011 May 31, 2011 Year I - Period 3 3 June 1, 2011 August 31, 2011 Year I - Period 4 4 September 1, 2011 November 30, 2011 Year 2 -Period 1 5 December 1, 2011 February 29, 2012 Year 2 •- Period 2 6 March 1, 2012 May 31, 2012 Year 2 - Period 3 .7 June 1, 2012 August 31, 2012 Year 2 - Period 4 8 September 1, 2012 November 30, 2012 Year 3 - Period 1 9 December 1, 2012 May 31, 2013 Year 3 - Period 2 10 June 1, 2013 November 30, 2013 Year 4 - Period I 1 I December 1, 2013 May 31, 2014 Year 4 - Period 2 12 June I, 2014 November 30, 2014 Year 5 - Period 1 13 December 1, 2014 May 31, 2015 Year 5 - Period 2 14 June 1, 2015 November 30, 2015 Footnotes: Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, (lie permittee will be considered for renewed coverage. The applicant must continue semi-annual 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 six-month sampling period. 3 See "Cable 1, Footnote I: Monitoring schedule may remain at quarterly for entire permit duration at the discretion of Raleigh Regional Office. The permittee shall report the .analytical results from each sample within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention. Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 Chemical Oxygen Demand tng/L 120 Styrene mg/L No' Benchmark Value - Monitor Only Acute Toxicity % See Appendix A pH standard 6-9 Partll Page 6 of I0 r: • Permit No. NCS000536 Tier One If: The first valid sampling results are above a, benchmark value, or outside of the benchmark range, for any 2arameter at an outfall; Then: The permittee shall: l . 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 exc:eedence. 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 Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to subrhit 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 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 • require the pennittee to perform upstream and downstream analytical monitoring ; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part It Page 7 of 10 • Permit No, NCS000536 This -site discharges to impaired waters experiencing problems with aquatic life. If a Total Maximum Daily Load (TMDL) is approved for this segment of Loves 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 BM:Ps 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 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 assessing new sources of stormwater pollution. In the event an atypical condition is noted at'a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency) Monitoring Location2 Color Quarterly, semi. -annual SDO Odor uarterl , semi-annual SDO Clarity Quarterly, semi -:annual SDO Floating Solids Ouarterlv. semi-annual SD'O Suspended Solids uarterl , semi-annual SDO Foam Quarterly, semi-annual SDO Oil Sheen Ouarterl , semi-atinual SDO Erosion or deposition at the outfall Qua rterl , semi-annual SDO Other obvious indicators of stormwater pollution ' Quarterly, semi-annual SDO Footnotes: Measurement Frequency: To be performed concurrently and on the same schedule as analytical monitoring. 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. Part 11 Page 8 of 10 • • Permit No. NCS000536 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55. gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. . Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc t Sample Type2 Sample Location3 H standard semi-annual Grab SDO Non -Polar O&G / TPH EPA Method 1664 (SGT-HE.M) mg/L semi-annual Grab SDO Total Suspended Solids mg/L semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil .Usage allons/month I semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. 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 stone 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 permitee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Non -Polar O&G / TPH [EPA Method 1664 (SGT-HEM)] mg/L 15 Total Suspended Solids mg/L 100 Part 11 Page 9 of 10 • Permit No. NCS000536 PART Ill STANDARD CONDITIONS FMNPDES'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: 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. However, within 120 days of the effective date of the permit, all raw or waste materials containing styrene shall be secured so as no commingling with stormwater occurs. That is, the permittee shall implement containment measures and/or modify operations such that no styrene -based process materials or wastes commingle with or contact stormwater. runoff. 2. Du!y to Compiv 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. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also; any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed S 125,000. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of.not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General. Statutes 143-215.6A). Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penally not to exceed $125,060. PartIII Page 1 of 8 0 . Permit No. NCS000536 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be. construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severab it i!y 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 Tamperinf" The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both, if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine Of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10, Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 . Permit No. NCS000536 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 13: GENERAL CONDITIONS Individual Permit_Exi3iration 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 § 143-215.36 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 revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the 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 (lie 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 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 Part III Page 3 of 8 0 • Permit No. NCS000536 (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 individtud permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the: condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and PartlIl Pagc 4 of 8 • Permit No. NCS000536 ►a C. The permittee submitted notices as required under, Part II1, 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 I. 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) ,,vho performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individuai(s) who performed the analyses; e., The analytical techniques or methods used; and f. The results of such analyses. 3.' Flow Measurements Where required, appropriaw 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. 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. NCS000536 5. Representative Outfrll 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 ofoutfalls. 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 fora period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facilitywhich 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 accer:s to and copy, at reasonable tunes, any records that must be kept under the conditions of this individual permit; c. Inspect at reasonable times'any facilities, equipment (includi.ng monitoring and control equipment), practices, or operations regulated or required under this individual permit; and . d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report 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 surplied by the Division. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the 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 obsertations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual Part III Page 6 of 8 0 • Permit No. NCS000536 monitoring results should not be submitted to the Division; except upon DWQ's specific requirement to do SO. 2. 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 27699-1617 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March I of each year. Addresses for each RO and the counties covered by each RO can be found here: httn://www.enr.state.nc.us/littni/reaionaloflices.litmi. The permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWQ. 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 I43-215.613 or in Section 309 of the Federal Act. 4: . Non-Stormwaler Disc_ har- s 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-stormwaterm discharge permit and provide this information with the storwater 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 Noncom liancc The pernittee 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. 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 occun•ing within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Part fit Page 7 of 8 • - • Permit No. NCS000536 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. 9. Twen!y-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health of 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 ofthe 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. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. 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 • • NCS000536 PART IV LIMITATIQNS 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: 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 . Act See Clean Water Act. 2. Allowable Nan-Stormwater_Discharaes 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 Manaaement_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: ]ittp://cfpub.epa.gov/npdcs/stormwater/menuofbmps/index,cfm. 4. amass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 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 rapacity 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 I of Permit No. NCS000536 6. Certificate ofCoveraee 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 DW The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing autritority. 10, EMC ; The North Carolina Environmental Management Commission. H. Grab Samole An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part1 16 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 hazard,)us waste long-term storage facility or a surface storage facility. 14. Municipal_ Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, 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. 18. Point Source Discharge of Storm_water Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part V 1 Page 2 of 4 Pages • • Permit No. NCS000536 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 1 i) 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 :?5-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical caregory which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold- levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. 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 311(b)(2)(A) of the CWA at 40 CFR H 6.4; 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 lo: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clcan Water Act (Ref: 40 CFR 1 10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Discharge Out ill (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. Part VI Page 3 of 4 Pages 0 rPermit No. NCS000536 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 Activiri The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. 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 the state of North Carolina can be found at http-//h2o.enr.state.ne.us/tmdl/) 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, 32. Vehicle Maintenance Activitv 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 V I Page 4 of 4 Pabes 0 0 APPENDIX A: ACUTE TOXICITY TESTING FOR STORMWATER OUTFALLS I. ANNUAL TESTING (PASS/FAIL ACUTE TOXICITY TESTING); The permittee shall conduct acute toxicity tests as required in Tables 1 and 2 of the permit text using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity in a Single Effluent Concentration" (Revised -July, 1992 or subsequent versions). The monitoring shall be performed as a "water flea" (Ceriodaphnia dubia) 48-hour static test. Stormwater samples shall be collected as a single grab sample. Samples for self -monitoring purposes must be obtained during a representative storm event. The tests will be performed in conjunction with regular analytical monitoring of stormwater discharges. If at any time there is significant mortality at a stormwater effluent concentration of 100%, the results will be. considered as a benchmark exceedance of toxicity. All toxicity testing results required as part of this permit condition will be entered on the Stormwater Discharge Monitoring Form (DMR) for the month in which it was performed, using the parameter code TGA3B. One copy shall be submitted to Central Files, and one copy shall be submitted to the Stormwater Permitting Unit as follows: Attention: Central. Files Division of Water Quality. 1.617 Mail Service Center Raleigh, North Carolina 27699-1617 Attention: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Additionally, DWQ Form AT-2 for Acute Pass/Fail Tests (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be sent and postmarked to the Environmental Sciences Section and Central Files no later than 30 days after the end of the month in which the test was conducted. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the stormwater toxicity sample must be measured and reported if chlorine is employed for disinfection of the stormwater discharge. If there is no stormwater discharge from the facility during the months which toxicity monitoring is required, the permittee will complete the information located at both the top of the aquatic toxicity (AT) test form and DMR indicating the facility name, permit number, stormwater outfall number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The permittee shall submit three (3) "no flow" reports: one report shall be submitted to the Environmental Sciences Section, one to the Stormwater Permitting Unit (SPU) Central Office, and one report shall be sent to Central Files at the address cited above. The permittee shall submit acute toxicity monitoring as outlined above, at the next available representative storm event. H. ACTIONS FOR FAILURE OF PASS/FAIL TESTING: Should any single scheduled monitoring indicate a failure to meet toxicity benchmark levels, a series of measures shall occur. 1) Within 30 calendar days from availability of the test results, the permittee shall contact the Division SPU Central Office and the Raleigh Regional Office Supervisor in zoritins�. a. If other stormwater monitoring parameters have exceeded benchmark values, the Regional Office may exempt the permittee from additional acute toxicity monitoring (other than regularly scheduled test periods), at the Regional Office's discretion. The permittee shall continue to address all other stormwater parameter benchmark exceedances. b. If the permittee has not exceeded other benchmark values, or if the Regional Office does not exempt the permittee from additional monitoring, the permittee shall immediately institute monthly acute toxicity monitoring with a 48- hour multiple dilution test per U.S. EPA Method 2002.0: "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms," EPA 821/R-02/012 (October 2002). ' �,. i ��f;•,1.;0;.. �,`I,;�Jly rii'xl'SL+��;..iY''I' III.. ACTIONS IF MONTHLYMONITORING IS INSTITUTED MULTIPLE -DILUTION TESTING : If tnouthl y acute toxicity monitoring is instituted.per Section II above, the permittee shall perform the tests per the following conditions: 1) An LC50 greater than 100%" shall be used as a benchmark passing endpoint; Stormwater Permitting Unit (SPU) Central Office may determine alternative endpoints as "passing" on a case -by -case basis, depending on the specific characteristics of the facility's stormwater discharge. Multiple dilution tests will be run at 100"%, 50"/,, 25"'o, 12.51/So, 6.25"% and 0',4� stormwater unless other test concentrations are determined appropriate by the Stormwater Permitting Unit (SPU) Central Office. 2) Multiple Dilution Test Results shall be submitted on form AT-1 for Acute Multiple Dilution Tests. The parameter code is TAA38. The permittee shall: a. Submit form EST-1 (original) to the DWQ Environmental Sciences Section. b. Send a completed a Stormwater DMR form (original) with an attached form AT-1 (original) to DWQ Central Files.. c. Send a completed:a Stormwater DMR form (copy) with an attached form AT-] (copy) to the DWQ Stormwater Permitting Unit. 3) 'The permittee shall performpionthly acute toxicity monitoring until one of the following permit conditions is met: a. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS PASS. No further tests need to be performeduntil next regularly scheduled test period. -OR- b. EITHER OF THE FOLLOWING OCCURS: i. A TOTAL OF FIVE MULTIPLE -DILUTION TESTS FAIL -OR- ii. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS FAIL. If either of the'above' occurs, further actioyis are necessary. See IV. below. 4) The permittee shall submit a summary of all test results for the multiple dilution test series along with comialete copies of the test reports as received from the laboratory to the Regional Office Supervisor, to DWQ Central Files and to SPU. These shall be sent and postmarked within 30 calendar days of receipt of the last failed or passed multiple - dilution test (as described above in 111. 3)). 0 0 IV. ACTIONS FOR FAILURE OF MULTIPLE DILUTION TESTS FIRE, TRI or OTHER MEASURES If the permittee fails either A TOTAL OF FIVE multiple -dilution tests or THE THIRD CONSECUTIVE multiple -dilution test as described in Section III 3) b., the permittee shall execute the following: ' 1) A toxicity reduction evaluation (TRE) shall be automatically instituted. Within 30 calendar days from availability of the test results, the permittee shall contact the Division SPU Central Office and the Regional Office Supervisor in writing. a. The permittee shall submit one copy of a plan for conducting a TRE to the DWQ SPU, and one copy to the DWQ Environmental Sciences' Section. These copies shall be submitted within 60 calendar days of the date of DWQ SPU's direction to perform the TRE. b. This plan must be approved by DWQ SPU before the TRE is begun. A schedule for completing the TRE shall be established in the plan approval. A Toxicity Identification Evaluation (TIE) may be a component of the TRE. c. Upon DWQ's approval, the TRE schedule may be modified if toxicity is intermittent during the TRE investigations. A revised WET test schedule may be established by DWQ for this period. 2) Additionally after the first year that TRE results have been collected and submitted, depending on results the Regional Office may (among options): • Require the permittee to install structural stormwater controls; • Require the permittee to implement other stormwater control measures or BMPs; • Require the permittee to collect and treat the discharge and/or eliminate the discharge; • Require that the permittee implement site modifications to qualify for the No Exposure Exclusion; or • Require that the permittee perform up -stream and downstream biological assessment in the receiving water. V. MEASURES APPLICABLE TO ALL TESTS: All acute toxicity test results shall be submitted in a concise summary at the end of the five year permit term. One copy of this report shall be sent to the Raleigh Regional Office Supervisor, one copy to the SPU Central Office, and one copy to the DWQ Environmental Sciences Section. r�c�• ,�.,-. ,°. , •Est „ Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all Acute Toxicity Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. J 411 JA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 3, 2009 Mr. Ricardo Hillman Uniboard USA, LLC 985 Corinth Road Moncure, North Carolina 27559 Subject: Final NPDES Stormwater Permit Permit No. NCS000151 Uniboard USA, LLC Chatham County Dear Mr. Hillman: Dee Freeman Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000151, 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 January 28, 2009. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the 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 150B 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,13.2. 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. If you have any questions or comments concerning this permit, contact Robert Patterson at (919) 807-6375 or robert.patterson@ncmail.net. Wetlands and Stormwater Branch 011C 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 North Carol i na Location: 512 N. Salisbury 51. Raleigh, North Carolina 27604 �aturallr� Phone: 919-807-63001 FAX: 919-$07.64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Ricardo Hillman • Uniboard USA, LLC Permit No. NCS000151 Sir0Rf&NAL SIGNED BY KEN PICKLE for Coleen H. Sullins, Director cc: iRaleigh Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Storinwater Permitting Unit Central Piles Attachments 2 NCS00015 I 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; arid the Federal Water Pollution Control Act, as amended, Uniboard USA, LLC is hereby authorized to discharge stormwater from a facility located at Uniboard USA, LLC 985 Corinth Road Moncure, NC Chatham County to receiving waters designated -as Shaddox Creek, a class WS-IV stream in the Cape Fear 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 May 1, 2009. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this 3rd day of April, 2009. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission I R • Permit No. NCS000151 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location -Map PART lI MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A;-Stornnvater 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 I. 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 Section B: General Conditions l . Individual Permit Expiration 2. Transfers t • • Permit No. NCS000151 Section C: Section D Section E: 3. Signatory Requirements 4. ' Individual Permit Modification; Revocation and Reissuance, or Termination 5. Permit Actions Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Storm -water Control Facilities Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention . 7. Inspection and Entry 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 11 • • Permit No. NCS000151 PART I INTRODUCTION .V 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 stonmwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure 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 or revoked, the permittee,is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does -not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of.2 SECTION C: LOCATION MAP • • Permit No. NCS000151 Y� '�' w'! .wu{..'.,`. II pY 'F` "'j awc •d' \ l F}..tt".+J i,�s �3�, a."�;t '�� } �al�! + [7i � Boa llli �d �,�.�( sly J � ;. ... *��"'•"`.. IJt. jS",.� � ol� -'�1! 1 ■! � t-' bf 1�t •�' <<. .ti '' ��T% l' y I . rR l'�' e i i �� •. ���f _ r '� ,�;,i ,l"` � � 1 �" ' . ry ki�� ��ti�I�Zr�Wy. � � I � ` �� � � � I •'} J 1 � it ��' 3s�,� f! f ay�� _ i i . � ,.'� � - ����}y f. ,��{,� lif( �� : „rt�. �' �` 4 ! 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Uniboard USA, o LLC ``4, iq 4,w'tk. �•,� . �' �, F � E i ''�� "+ , . v � e � �'i �+ `i , ,r % `'�! � P4' M! e, ' rk t {� ;I 3 4� '6w=�..,.;.m..•'' ij;-,Y_4 µwy 'e,r w �r s" r I,j t Z,,�' r._ a II i, �W`•kwy{. , JI 1"Uv -�, jai J F I r. 1 --F �� " _ € . 7. ; +. , '•?' I !� ae r b ry }. o - ks. 4 'S. � � 1 l( �J�;a•-r � � I� g, ��� ,i:: « R'°f j�fy��`«ti 1� ;.❑ a� ! W'-�. e9: 4i 'E E y, ' n _,,,.•,,,,,�al_j , �€ .......djaIII', •Y �; !.: -. cOt i , I` .`I i', F Ei. R V 1 '; l.,•. CA! Yd" a�•3 SOro�a�+atK,�" �:• 1 }g I r r' E i i a �' / m Ej; . i @' r a ) 1 e f }, �`+ t E x '� "'' •*� ii y�rw t - i ( y1 9uhifa�f �r� f �i��� '` iJd SH IL.`.�°` I i R i:, S'+:I."~s! ' S''.1 1, i rf••flrl�,fr,, rj `- ' 'k ri X"111 II ° kI ar4FNIi 1 lgt. 9 gy,i i € > ar �.^' - r �", �4, �� r # � °+ lr:, f.. � �#� I j I k � r a • a } J` I � %79 NCS000151 Uniboard USA, LLC Uniboard USA, LLC ; [ l S Latitude: 3Y 36' 04" N Longitude: 790 02' 313" W County!: Chatham Receiving Stream: Shaddox Creek Stream Class: VJS-IV Sub- sin: 03-06-07 (Cape Fear River Basin) Facility Location Part I Page 2 of 2 • Permit No. NCS000151 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 general permit. The Plan shall include, at a minimum, the following items:. 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination_ of stormwater discharges. The site plan shall contain 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. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed_ for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.nc.us/tmdl/Gencral_303d.htm#Downloads North Carolina TMDL documents -can be found here:- httn:/fh2o.enr.state.ne.us/tmd]/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas,.dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part 11 Pagel of 10 i • Permit No. NCS000151 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical 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 Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section. 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all. such tanks and stored materials and their associated secondary containment -areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar.devices (which shall be secured closed with_ a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 2 of 10 Permit No. NCS000151 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the . facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements 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, and existing structural BMPs. The program shall establish schedules of inspections, maintenance; and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 5. 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 Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 • . Permit No. NCS000151 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B,. Paragraph 5) to the Director that the changes have been made. 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 11 B and C of this permit. 9. Implementation. The permittee shall implement the Plari. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections; maintenance activities, and training provided to employees; including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. _ Part I I Page 4 of 10 • Permit No. NCS000151 SECTION 13: ANALYTICAL MONITORING REQUIREMENTS 3. - J' Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be perfortned during a representative storm event. The required -monitoring will result in a minimum of ten analytical samplings -being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing,a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Re uirements Discharge Measurement IFrequencyt Sample Sample Characteristics Units Type2 Location3 TSS (Total Suspended Solids) m L semi-annual Grab SDO BOD5, (Biological Oxygen m g semi-annual Grab SDO Demand, 5-da . COD, (Chemical Oxygen mg1L semi-annual Grab SDO Demand Total Kjeldahl Nitrogen m r/L semi-annual Grab SDO Phenol m /L semi-annual Grab SDO Total Nitrogen m IL semi-annual Grab SDO Total Phosphorous 3 m IL semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfalls inches . semi-annual sin Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 • • Permit No. NCSOOO 151 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 64 days must separate Period 1. and Period 2 'sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period ', -Sample Number, .. Start End' Year 1 — Period 1 1 May 1, 2009 October 31, 2009 Year 1 — Period 2 2 November 1, 2009 April 30, 2010 Year 2 — Period 1 3 May 1, 2010 October 31, 2010 Year 2 — Period 2 4 November 1, 2010 April 30, 2011 Year 3 — Period 1 5 May 1, 2011 October 31, 2011 Year 3 — Period 2 6 November 1, 2011 April 30, 2012 Year 4 — Period 1 7 May 1, 2012 October 31, 2012 Year 4 — Period 2 8 November 1, 2012 April 30, 2013 Year 5 — Period 1 9 May 1, 2013 October 31, 2013 Year 5 — Period 2 10 November 1, 2013 April 30, 2014 Footnotes; 1 Maintain semi-annual monitoring during permit renewal process: The applicant must continue semi-annual 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 six-month sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install, stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark TSS (Total Suspended Solids) mg/L 100 BOD5, (Biological Oxygen mg/L 30 COD, (Chemical Oxygen mg/L 120 Total Kjeldahl Nitrogen mg/L 20 Phenol mg/L 4.5 Total Nitrogen mg/L 30 Total Phosphorous mg/L .2 . pH standard 6-9 Part 11 Page 6 of 10 0 0 Permit No, NCS000151 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark ranee. for any parameter at any outfall: Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the -benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part I I Page 7 of 10 • 0 Pennit No. NCS000151 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: = • require that the permittee increase or 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. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as.specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conductsemi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing hew sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part 11 Page 8 of 10 E Permit No. NCS000151 Table 4. Qualitative Monitoring Requirements Discharge Characteristics - 'Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfal l 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 angther 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 outfal] (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 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. Part I I Page 9 of 10 • • Permit No. NCS000151 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics', ` Units s Measurement Fre uenc ' t ' Sample, T e2 • Sample L,OCatiOn3 H n standard - semi-annual Grab SDO Oil and Grease m Il semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usagegallons/month semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the . permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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. s Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. - 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics .. Units . Benchmark pH standard 6-9 Oil and Grease mg/L. 30 Total Suspended Solids mg/L 100 Part II Page 10 of 10 C� 0 Permit No. NCSO00151 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. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished. prior to the beginning of discharges from the operation of the industrial activity. 2. Duty o Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic'pollutants•within the time provided in the regulations that establish these standards or prohibitions,. even if the permit has not yet been modified to incorporate the requirement., -b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than l year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years,.or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $1251,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] ` l C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of permit. [Ref: NC General Statutes 143-215.6A].. 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 penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part Ili Page l of 8 • • Permit No. NCS000151 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Duty to, Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. . Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective'compliance may be temporarily suspended. 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 permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 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. 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 Tamperina 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. PartI I I Page 2 of 8 9 • Permit No. NCS000151 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. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name -and incorporate such other requirements as may be necessary under the Clean Water Act. The 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 (I) 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. NCS000151 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duty authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit'may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing f 5tormwater 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 [ 11 Page 4 of S 0 Permit No. NCS000151 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in. the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D. MONITORING AND RECORDS I. Representative SampEing 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. 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. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be seiected 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 Ill Page 5 of 8 • • Permit No. NCS000151 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information; 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. Inspection and EUM The permittee shall allow the Director, or ari authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of 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'individuai permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit;.. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30'days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part I l l Pagc 6 of 8 • • Permit No. NCS000151 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 143-215.6.13 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 Chanp-es 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. Bypass a. Anticipated bypass. -If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at lenst ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Resorting 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 PartIll Page 7 of 8 0 • • Permit No. NCS000151 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. 10. Other Information Where the permittee becomes aware that it failed to submit any -relevant facts in'an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part I II Page 9 of 8 • • NCSOOO 151 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 valueg 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 • • Permit No. NCS000151 5. Bypass A bypass is the known diversion of stormwater from any portion of stormwater control facility including; the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having; a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having; a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251,.et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10, EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15, No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages • • 'Permit No. NCS000151 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with.the terms and conditions described in 40 CFR § 122.26(g). . 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not 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 stater 19. 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. 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. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. . Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfand Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject'to SARA Title III, Section 313 reporting requirements; and That meets at least one of the following criteria: Part VI Page 3 of 5 Pages 0 •Permit No. NCS000151 (1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials 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 I I1 of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. 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 1 10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. - 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part V1 Page 4 of 5 Pages • Permit No. NCS000151 31. Total Flow The Flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 33 Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. 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. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye, 37. 25-year, 24 hour storm event - The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. , Part V I Page 5 of 5 Pages