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HomeMy WebLinkAboutNCS000347_HISTORICAL WITH APPLICATION_20130128-"—'"STORIGIINATER"DIGISfON"CODING "SHEET �— PERMIT NO. DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ rib l� 01 �'Y YYYYMMDD • • Romanski, Autumn From: Rick Houser [RHouser@capitalpower.com] Sent: Monday, January 28, 2013 4:09 PM To: Romanski, Autumn Subject: FW: Storm Attachments: photo.JPG; ATT00001.txt Rick Rick Houser Senior Advisor Environmental, Health and Safety CPC -North Carolina 910-457-1058-office 910-477-0840-cell rhouser(@capitalpower.com -----Original Message ----- From: Francis Hayward Sent: Monday, 7anuary 28, 2013 3:31 PM To: Rick Houser Subject: Storm Rick This is the drain I mentioned this morning.As I mentioned the guys stopped immediately when they realized the washdown water was going to the drain. The estimate would be 30-50 gallons. Frank This email message, including any attachments, is for the intended recipient(s) only, and contains confidential and proprietary information. Unauthorized distribution, copying or disclosure is strictly prohibited. If you have received this message in error, or are obviously not one of the intended recipients, please immediately notify the sender by reply email and delete this email message, including any attachments. Thank you. 1 • Romanski, Autumn From: Zhang, Cheng Sent: Monday, March 04, 2013 3:22 PM To: Smith, Danny; Hayes, Mitch; Parnell, David; Young, Michael D; Ascenzo, Tom; Romanski, Autumn; Cashion, Ted; Wiggins, Mack; Herzberg, Barry; Richmond, Martin; Smith, Cherri L Subject: Roxboro complaint BIMS incident # 201300475: Anonymous caller stated that one silo blew out at Capital Power Roxboro Plant in late February. The facility has been hauling away solid fule material (wood residuals, tire -derived fuel, and coal), which was spilled on the road during transportation. Caller is concerned about the potential impacts to surface and ground water when the material is washed into the creeks by rain water. Cheng Zhang Environmental Senior Specialist NCDENR- Raleigh Regional Office Surface Water Protection 1628 Mail Service Center Raleigh, NC 27699-1628 Office (919) 791-4259 Fax (919) 788-7159 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ��" s� 300 L151 y2Lp I 'O�OF W 4 r6�OG � �I1 alqii�-r Incident Type: Complaint Category: Surface Water Incident Started: 02/27/2013 County: Person City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: 0 Incident Report Report Number: 201300451 Material Category: Estimated City: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: CPl Address: 331 Allie Clay Rd City/State/Zip Roxboro • On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: 1 Reported By: First/Mid/Last Name: Harold Kelly Company Name: Address: Person County EMS City/State/Zip: Roxboro NC 27699 Phone: (336)599-3136 Pager/Mobile Phone: 1 Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: NC 27699 Report Created 02/28/13 12:34 PM Page 1 'I • Cause/Observation: Person Co. EMS reported a complaint about foam in a creek in Roxboro was most likely the result from runoff from a Tire at Capital Power, formally Cognetrix. We stated that Ken Rhaam with EPA was investigating the incident. Directions: Action Taken: Comments: RRO Inspector, Tom Ascenzo visited the site and confirmed that RRO Inspector Autumn Roma risk!, followed up by phone and e-mail to fire supression foam was released and fire department was check the progress of the clean up. The facility has an NPDES called in for assistance to abate the fire. Vacuum trucks, booms stormwater permit and reports compliance with the SPPP and the SPPP and absorbents were used to clean up and clean up from the fire emergency response plan. is on -going. Incident Questions: Did the Material reach the Surface Water? Unknown Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Type Event Date Due Date Report Entered 2013-02-28 12:12:13 Referred to Regional Office - Primary Contact 2013-02-28 12:10:00 Incident Start 2013-02-27 02:12:00 Report Received 2013-02-27 02:12:00 Report Created 02/28/13 12:34 PM Comment Page 2 Standard Agencies Notified: Agency Name Phone First Name M.I. Other Agencies Notified: Agency Name Phone First Name M.J. DWQ Information: Report Taken By: Mitchell 5 Hayes Phone: • Last Name Contact Date Last Name Contact Date Report Entered By: Regional Contact: Autumn H Romanski Autumn H Romanski DatetTime: 2013-02-27 02:12:00 PM 2013-02-28 12:12:13 PM 2013-02-28 12:10:00 PM Referred Via: email Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 02/28/13 12:34 PM Page 3 Al i ;•.., 1, t� :.r ti' r,411E' p ;,cam% •f- r� ^?.` r �� } _. ��� . .. �. sp ?��z -�ijr f ?• pjp �ri f $`i jai ! tr '+•�F��') };s� It .110 MA NLI br� s � r' • 1I �;�a�� � 1�;�r �• J44,1 �l '' r�1 U �� 1 ' fir, �.I ' , ��' e i� � ►. AT 2 • • Romanski, Autumn From: Hayes, Mitch Sent: Wednesday, February 27, 2013 2:12 PM To: Parnell, David; Zhang, Cheng; Young, Michael D; Ascenzo, Tom; Cashion, Ted; Smith, Danny; Smith, Cherri L; Richmond, Martin; Herzberg, Barry; Wiggins, Mack; Menefee-dunn, Barbara; Romanski, Autumn Subject: Incident Harold Kelly, Person Co. Emergency Management, reported that a complaint about foam in a creek in Roxboro was most likely the result from runoff from a fire at Capital Power, formally Cognetrix. He stated that Ken Rhaam with EPA is investigating the incident. Mitch Hayes, Environmental Specialist NCDENR-DWQ-SWP 1628 MSC, Raleigh, NC 27699-1699 Voice: 919.791.4261 -- Fax: 919.788.7159 www.ncwaterauality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. • Incident Report Report Number: 201300228 Incident Type: Spill (Oil, Chemical, non -sewage) Category: Incident Incident Started: 01/28/2013 County: Person City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: CPI Roxboro Plant Address: 331 Allie Clay Rd City/State/Zip Roxboro NC On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: 1 Reported By: First/Mid/Last Name: Rick Houser Company Name: Address: 331 Allie Clay Rd City/State/Zip: Roxboro NC 27699 Phone: (910)457-1058 Pager/Mobile Phone: 1 (910)457-1058 Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: 27699 Report Created 01/30/13 08:42 AM Page 1 • E Cause/Observation: Directions: 30-50 gallons of washwater containing ash residue from truck washdown incidently went into stormdrain (stormdrain was boomed and wrapped in cloth filter)and is located at the back northwest corner where a ditch eventually conveys stormwater to surface waters at the back northeast corner of the property. No stream impacts were observed or reported. Action Taken: The spill was reported and recorded in the SWPPP plan as required. A review of the clean out procedure was conducted and actions taken to minimize risk in the future. Incident Questions: Did the Material reach the Surface Water? No Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Comments: Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Type Event Date Due Date Report Entered 2013-01-30 08:40,56 Report Received 2013-01-28 08:30:00 Referred to Regional Office - Primary Contact 2013-01-28 08:30:00 Incident Start 2013-01-28 08:00:00 Report Created 01/30/13 08:42 AM Comment Page 2 0 Standard Agencies Notified: Agency Name Phone Other Agencies Notified: Agency Name Phone First Name M.I. s First Name M.I. • Last Name Contact Date Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: Autumn H Romanski Autumn H Romanski Autumn H Romanski Phone: Date/Time: 2013-01-28 08:30:00 AM 2013-01-30 08:40:56 AM 2013-01-28 08:30:00 AM Referred Via: Voice mail Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 01/30/13 08:42 AM Page 3 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director December 28, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Raleigh Regional Office Subject: NPDES Stormwater Permit No. NCS000347 Epcor USA North Carolina LLC Roxboro, NC (Person County) Attachment Description Staff Report Draft Permit Renewal Application Dee Freeman Secretary Please provide comments on the facility, draft permit, and staff report and sign/return if acceptable. Return to Brian Lowther at the Central Office by January 28, 2010. Cory Larsen Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919.807.63001 FAX: 919.807-64941 Customer Service: 1.877-623-6748 Internet: www.ncwaterquaflty.org An Equal Opportunity t Affirmative Action Employer may_- 'One- NorthCarofina Ammall NCS000347 . • VqA jF Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources �!J Coleen H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: EPCOR USA North Carolina LLC. NPDES Permit Number: NC5000347 Facility Location: 331 Allie Clay Road, Roxboro, NC (Person County) Type of Activity: Power Plant SIC Code: 4911 Receiving Streams: See Figure 1 River Basin: Roanoke River Basin, Sub -basin 03-02-05 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): Central'Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale. 1(easy) to 10(hard) Compliance history 5 Benchmark exceedance 2 Location (TMDL, T&E species, etc) 5 Other Challenges: • Consistency with PP Permits 9 Difficulty Rating: 21/40 Special Issues Explanation: • During this permit renewal DWQ has significantly increased efforts to more closely monitor the power plant industry to evaluate potential impacts to stormwater (see file). Description of Onsite Activities: • Potentially exposed materials at the plant include coal, petroleum products stored in existing ASTs, water treatment chemicals and ash. Coal for the boiler plant is stored outside in the coal pile and coal pile runoff is treated in the low volume wastewater system prior to discharge. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database Page 1 of 9 NC500(1347 0 a • SPLI File • Central Files • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2006 Roanoke Basinwide Plan History: • April 12, 2002: Date permit first issued. Analytical monitoring includes TSS and COD. Monitoring was done annually for the first 3 years and quarterly for the 4`h year. • September 5, 2006: Renewal permit reminder letter sent to permittee. • October 1, 2006: Date permittee submitted renewal application • March 2, 2008: New site manager Terry McDaniel. • April 7, 2008: Email from James Moore with future site changes. • April 9, 2008: Email response by Ken Pickle of the site modifications. Page 2 of 9 NCS000347 • Figure 1: Map of Facility > U) T, - - (o Qj ZZ =PCOR USA- Roxboro Facility V. N �K 77 f L\ 0 NCS000347 N w E Map Scale 1:24,000 EPCOR USA North Carolina LLC Roxboro Facility Latitude: 36* 26' 7" N Longitude: 7811 57' 4 1 " W County: Person Receiving Stream: LIT to Mitchell Creek Stream Class: C Sub -basin: 03-02-05 (Roanoke River Basin) Facility Location Page 3 of 9 NCS000347 O Central Office Review Summary: 1. Owner's Other Permits: • NC0065081 Prim Enrg of NC LLC Roxboro- includes limits for pollutant scan, cadmium, chlorine (free available and total residual), chromium, copper, flow, lead, nickel, oil & grease, P/F Statre ceriodaphnia, pH, TSS, temperature and zinc. 2. General Observations: New site manager 03/20/2008: Terry McDaniel. One Outfall to UT to Mitchell Creek 4 drainage areas: 3 stormwater, 2.7 acres, 3.7 acres, and 1.60 acres. 1 to waste basin, 2.2 acres. Impairment: Mitchell Creek is not on the 303(d). The Basinwide Plan doesn't mention specifically Mitchell Creek but the section cf Marlowe Creek [22-58-12-6b] downstream of Mitchell creek is Supporting aquatic life due to Good -Fair fish and benthic community. This site showed water quality improvement from the 2001 basin plan. Cogentrix-Roxboro completed a Special Order of Consent for rectifying toxicity issues in 2003 and have been in compliance. The segment [22-58-12-6b] remained on the 2008 303(d) list for zinc and copper parameters. Recommendations included that Roxboro work towards implementing a stormwater program. 4. Threatened and Endangered: There are no federally or state protected species within 2 miles of the facility based on Natural Heritage Virtual Workroom. 5. Location: C Stream 6. Industrial Chanties Since Previous Permit: in 2004, the facility added unadulterated wood as an alternative fuel. The wood is stored in a dedicated storage bin which directs rain runoff to the waste treatment basin via a vee ditch. Transfer of the wood chips to the fuel blending area occurs within the coal yard storage area which is drained to the plant WWTP preventing any stormwater contamination from the transfer process. Email correspondence from James Moore (jmoore@epcorusa.com) on 04/07/08 indicates future changes for the Southport and Roxboro facilities. They asked for a response on what do based on their stormwater and waste water permits. The changes are to be completed in early 2009. Both plants are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. Summary of future changes: • Boiler modifications will involve addition of a Mobotech overfired air system upgrade and new fuel feed hoppers. • Fuel Handling system modifications will involve addition of a truck dumper, fuel conveyor and pad storage systems. • No new fuels or chemicals will be introduced as part of the project. • Plant operations will remain the same regarding power generation. • Installation of a SNCR (selective non -catalytic reduction) ammonia injection for NOx Reduction. This has been cancelled as of 22/10/08 email. The SNCR system would have included 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts. The injected NH3 would have been consumed in the process. Design will provide isolation from the wastewater systems and stormwater contact. Page 4 of 9 NCS000347 • Installation of Fuel Processing Equipment —grinders and additional conveyors. This has been cancelled as of 12/10/08 email. The grinder would have handled off -spec wood. The additional conveyors will transport additional alternative fuels (tire derived fuel and wood). Design will be to contain fuel fines in the fuel yard. Design will contain yard run-off and direct it through the wastewater treatment system. Summary of Impact Assessment on the future changes: All fuel storage areas (fuel yard) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment (solids settling and removal) prior to discharge via the NPDES permitted outfalls. The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site. DENR's Response by Ken Pickle on April 9, 2008. Each site is already has a Stormwater Pollution Prevention Plan. They need to update is with changes to the site. While the expired permit is in review, abide by the provisions of the old permit. As the new site activities and materials add ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect the renewal of your permit. The reviewer will address changes to the renewal permit. Kens Pickle's notes: "New materials on site appear to be: ammonia for NOx absorbtion (possibly in the form of aqueous ammonia, a 29% supersaturated pressurized liquid; or in the form of just the gas NH3 in pressurized tanks) and could result in a HNO3 by product or conversion of the gaseous NOx into a deposited solid that might be transported to the innocuous material, although whether there is a resulting H250a product from the reaction is beyond my knowledge. Addition of a grinder makes me wonder if there will be piles of wood chips or sawdust that might argue for TSS or COD monitoring to detect wood waste leachate." 7. Analytical Monitoring Notes: o There were 7 samples submitted from 10/28/02 to 4/8/06 for TSS and COD. None of values is over the current benchmarks. 8. Qualitative Monitoring Notes: o The visual monitoring was done 8 times from 5/20/02 to 10/4/05 on outfall 001. The monitoring shows no signs of pollution but is all the same. It only asks if each parameter is acceptable, and every answer is yes. Page 5 of 9 NCS000347 Table 1.: Analytical Monitoring Required Sample Total Precipitation Duration TSS COD Benchmark: Benchmark: Sampling Date Flow (in) (hours) Range IVIGD 100 m IL 120 mg/L Outfali 1 05/01/02 to 10/28/2002 0.911618 1.9 46.8 68 35 04/3 0103 05/01/03 to 12/4/2003 0.067 025 8.0 16 <20 04/3 0104 05/01/04 to 9/17/2004 0.149 0.7 29.0 42 29 04/3 0/05 05/01/05 to 7/14/2005 0.3033 0.1 10.0 1 <10 07/31 /05 08/01/05 to 10/5/2005 0.0803 0.12 7.3 8 29 10/31 /05 11/112005 to 12/4/2006 0.0804 2.49 7.3 17 44 31 /06 01/06 to E 4/8/2006 O.D018 0.18 2.5 24 48 01Q6 ""Over Current Benchmark Data Not Collected Page 6 of 9 • 0 NCS000347 • Remised Permit Recommendations: Analytical Monitoring: 1. Maintaining parameters... a. TSS — to track solids concentration. Sandy soils and equipment/truck traffic potential source; b. COD —submitted analytical results show moderate oxygen demand in stormwater. 2. Adding parameters... the following parameters were added as part of a comprehensive effort to investigate stormwater pollution associated with coal-fired power plant facilities: a. 13 priority pollutant metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, TI, Zn) plus Al and B — basis: known association with coal and coal combustion. Draft RTI Study (`Human and Ecological Risk Assessment of Coal Combustion Wastes', RTI, August 2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination problems. Have also discussed contaminants with Dr. Avner Vengosh from Duke University, who researched ash pond spills in TN last year. In addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged several of these metals of concern. Finally, DWQ has little data with which to characterize stormwater discharges from this industry but knows there is concern; b. Sulfate — conventional pollutant associated coal; c. 0&G — conventional pollutant associated with onsite petroleum storage and truck traffic. 3. pH added — standard addition to permit. 4. All analytical monitoring set to semi-annually. Cover letter to permittee will include language to allow the permittee to contact DWQ and request modifications of the required monitoring parameters and/or frequency if justified by sufficient data collection. 5. Benchmarks for analytical monitoring and Tiered monitoring system added to this draft permit. 6. Analytical and qualitative monitoring required during representative storm events. Qualitative monitoring required regardless of representative outfall status. 7. Flow reporting replaced by total rainfall parameter. 8. Vehicle maintenance monitoring revised to semi-annually. Other Proposed Changes to the Previous Permit: 1. See draft permit for full details. Discussions with permittee: Ruffin Shackelford, 336-597-4798 Jim Moore answered the questions by email: 1. General description of industrial activities? 2. Have there been any changes since filing the application? Operational Change: - Adjusted fuel ratios — more unadulterated wood, more tire -derived fuel (TOF), less coal - !Vote same fuels as prior operation —just different feed ratios Physical Changes Affecting Stormwater: - 2009 - Annexation of 2-acre land parcel to southwest corner of plant site - 2009 — Addition Fuel Pad for storage -- stormwater directed to Wastewater Basins — planned completion by 1212009 - 2009 — New internal plant roadway Page 7 of 9 NCS000347 0 0 , - 2009 —New Buildings -small footprint, i.e., less than 2000 ft.2 3. Why are all the qualitative monitoring results the same? 1 have attached the 2006 Application submitted in November of 2006. The qualitative results reflect "y"far acceptable conditions. 4. The site map shows more than one outfall and 4 different drainage areas. Why were these not sampled? The Roxboro site operates with one (1) SW outfalls No. 1 which discharges stormwoter off -site The attached application shows only one SW outfall #1 Site drainage areas are sheet flow to an off -site drainage ditch which discharges via outfall #1 S. An aerial of the site shows storage in drainage 4 that isn't on the map. What is stored there? 6. The application says that water is sprayed onto the coal as it is unloaded. Where does this water go? 7. How many Acres is the site? The Roxboro site is approx 22 ACRES 8. Do you have vehicle maintenance onsite? What is your SIC code? No Additional Information: 2006 Roxboro SW Renewal Application attached Note — Refer to the NC Project Erosion & Sedimentation Control Plan which details Project changes ( submitted to NCDENR ) Page 8 of 9 + NCS000347 • Recommendations: Based on the documents reviewed, the application information submitted on October 31, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) C Date 1 z ai Stormwater Permitting Unit Superviso Date i Z Z8 ZOd for Br dley Benn tt Concurrence by Regional Office Date RO Water Quality Supervisor Date Regional Office Staff Comments (attach additional pages as necessary) Page 9 of 9 NCS000347 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'l43-215.1, other lawful standards and regulations promulgated and adopted by tlie,North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, EPCOR USA�Nor`th Carolina LLC is hereby authorized'to.discharge stormwater from a facility located at Roxboro Facility f,31f Allie Clay Road �f/ Roxboro, NC Person County to receiving waters designated as an unnamed tributary to Mitchell Creek, a class C stream in the Roanoke River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective March 1, 2010. This permit and the authorization to discharge shall expire at midnight on February 28, 2015. Signed this day February 16, 2009. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000347 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map r' PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwatcr 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 l . Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers I e 0 Permit No. NCS000347 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and. Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records l�'%' 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures f 5. Representative Outfall 6. Recordss Retenttow, 7. Inspectio ' and -Entry Section E:. Reporting Requirements' l . 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 M • o Permit No. NCS000347 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the, Division; must receive approval by the Division; must maintain no exposure 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 iri accordance with the terns and conditions of this individual permit. All stormwater discharges shall be'in accordance with the conditions of this permit. s 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 pennit, 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 A • Permit No. NCS000347 NCS000347 Map Scale 1:24, 000 EPCOR USA North Carolina LLC Roxboro Facility Latitude: 360 26' 7" N Longitude: 780 ST 41" W County: Person Receiving Stream: UT to Mitchell Creek Stream Class: C Sub -basin: 03-02-05 (Roanoke River Basin) `CyM Facility Location Part I Page 2'of 2 Permit No. NCS000347 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stonnwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the,physical facility and the potential pollutant sources which may be expected to corifribute 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.cnr.state.nc.us/tmdl/Genera1-303d.htm#Downloads North Carolina TMDL documents can be found here: httu://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of I 1 • • Permit No. NCS000347 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 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 Containunent'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 11 Page 2 of 1 1 0 Permit No. NCS000347 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. A", 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, dnd'existing structural BMPs. The program shall establish schedules offinspections; 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. i 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. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part 11 Page 3 of 11 • 0 Permit No. NCS000347 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 1east'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, C and D of this permit. 9. Implementation. The permittee shall implement the%Plan. Implementation of the Plan shall include documentation of all monitonng,.me'asurements, 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 i i Permit No. NCS000347 SECTION 13: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table L All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producinE a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uene 1 Sample Type2 Sample Location3 40 CFR Part 423 Appendix A: 13 Priority Pollutant Metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl, Zn) 4 pg/l , ,semi, -annual Grab SDO Al 1 semi-annual Grab SDO B t semi-annual Grab SDO COD m " 1 semi-annual Grab SDO TSS mg/1 semi-annual Grab SDO Sulfate mg/1 semi-annual Grab SDO Oil and Grease O&G mg/1 semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfalls inches semi-annual Rain Gauge - 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 'fable 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 Mercury shall be analyzed by EPA Low-level detection method 1631E. This method also requires a field blank be analyzed. A benchmark does not apply; however, values above 0.012 pg11 should be noted on annual SDO DMR reports to the Regional Office. Part II Page 5 of 1 I 0 • Permit No. NCS000347 5 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate each sample date 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 January 1, 2010 June 30, 2010 Year 1 — Period 2 2 July 1, 2010 December 31, 2010 Year 2 — Period 1 3 January 1, 2014 June 30, 2011 Year 2 — Period 2 4 July 1,.2011 December 31, 2011 Year 3 — Period 1 5 Jarivaryc1;_2012�_ f June 30, 2012 Year 3 — Period 2 6 July-], 2012' '" December 31, 2012 Year 4 — Period 1 7 January 1',,2013 June 30, 2013 Year 4 —Period 2 8 July 1;' 2013 December 31, 2013 Year 5 -- Period 1 9 :January 1, 2014 June 30, 2013 Year 5 — Period 2 10 `' %(I July 1, 2014 December 31, 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. In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. 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, Part II Page 6 of 11 • 0 Permit No. NCS000347 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Aluminum mg/1 U5 Antimony mg/1 0.09 Arsenic mg/1 0.36 Beryllium mg/l 0.07 Boron mg/1 N/A Cadmium mg/l 0.001 Chromium mg/1 I 1y Copper mg/1 `0:007 Lead mg/l �t /,�f ``0` 03 ` - Mercury pg/1 ' , NIA Nickel mg/l ' 0.26 Selenium mg/1 ` 0,056 Silver mg/l 0.001 Thallium mg/l N/A Zinc mg/1 0.067 COD mg/l 120 TSS mg/1 100 Sulfate mg/1 500 O&G mg/1 30 pH (see footnote 1) standard 6-91 Footnotes: 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data indicate precipitation pH levels are within + 0.1 standard units of the measured discharge values or lower, then the lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range. Part II Page 7 of l 1 • • Permit No. NCS000347 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark for anv parameter at anv outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response inAbe 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. 2. Immediately institute monthly monitoring for all parameters (except mercury) 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 II Page 8 of I I Permit No. NCS000347 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 Raleigh 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; • Work with the permittee to develop alternative respons si trategies; • Require the permittee to install structural stormwater.controls;;" f • Require the permittee to implement other stormwater cont 1`measures; or • Require that the permittee implement site modifications to qualify for the No Exposure Exclusion. r: Part 11 Page 9 of 11 • • Permit No. NCS000347 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 Frequencyl , . Monitoring Location2 Color semi-annual rr , 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 semi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution J Footnotes: Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) 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 II Page 10 of 11 • 0 Permit No. NCS000347 Table 5. Analytical Monito ing Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Loention3 H standard semi-annual Grab SDO Total Petroleum Hydrocarbons EPA Method 1664 SGT-HEM mg/l semi-annual Grab SDO Total Suspended Solids Me semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge - New Motor Oil Usage allons/month semi-annual I 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. ifat& end of this permitting cycle the permittee has submitted the appropriate paperwork for a renei'val permit•before the submittal deadline, the permittec will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See 'Cable 2 for schedule of monitoring periods through the end of this permitting cycle. 2 if the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance"activities occur. 4 For each sampled representative storm event the total_ precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be cotlnpared 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 (see footnote 1) standard 6-9 1 Total Petroleum Hydrocarbons (TPH) mg/L 15 Total Suspended Solids mg/L 100 Footnotes: 1 if pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data indicate precipitation phl levels are within + 0.1 standard units of the measured values or lower, then the lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the normal pH range. Part 11 Page 11 of I L • 0 Permit No. NCS000347 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,]2 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 to Comply w' The permittee must comply with all,conditioris of this individual permit. Any permit noncompliance constitutes a violation of the Clean. Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for'toxic.pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement, b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page I of 8 0 • Permit No. NCS000347 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liabilit 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. .r Oil and Hazardous Substance Liabili 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. 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 Tamp_erine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 • • Permit No. NCS000347 f 0. 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 permittce 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�§ 1'43-215.6 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 reyoeation<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 wriiing In,the event the permitted facility is sold or closed. 3. Signatory Re uirements f' All applications, reports,,or.information submitted to the Director shall be signed and certified. j . a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 0 Permit No. NCS000347 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification; "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuarice; 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 mod ified,-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 permittce 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 permittec only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000347 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 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 f,- 1. 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 #,r 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{) who per o ed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 11 s Permit No. NCS000347 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 Outfatl 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 Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the. presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (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 three-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part III Page 6 of 8 Permit No. NCS000347 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 In addition, a separate signed Annual Summary DMR copy'shall be submitted to the permittee's DWQ Regional Office (RO) by March 1 of each year. 3. Availability of Reports Except for data determined to be confidential under.NCGS 1437,215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with th°e terms shall be available for public inspection at the offices of the Division of Water Quality:• AsPiequired by the Act, analytical data shall not be considered confidential. Knowingly making any`false.statement on any such report may result in the imposition of criminal penalties as provided For -in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Nan-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 Chanpes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 7 of 8 Permit No. NCS000347 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 4. 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. � 1 1 1 J/ eL Part III Page 8 of 8 NCS000347 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 paragraphshall also.contain.any other requirements in the Act then applicable. 5` 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, ti PART VI DEFINITIONS t 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 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. Best Mana ement 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 1 of 5 Permit No. NCS000347 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility, 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act �. The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ The Division of Water Quality, Department of Enviromnent 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. l 1. 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. NCS000347 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 state.-- S 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 discharge665f 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'perfarrrn 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 Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages • 0 Permit No. NCS000347 (1) Is listed in Appendix D of 40 CFR part l22 on Table 1I (organic priority pollutants), Table 1II (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 3l 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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. Sevcre property damage does not mean economic loss caused by delays in production. Jam' 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(1'4) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III ofSARA; 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 110.10 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 VI Page 4 of 5 Pages Permit No. NCS000347 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"limitdiions. 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 VI Page 5 of 5 Pages CF lid ATF >LLA O ~C 5458 Mr. J. Ruffin Shackelford Primary Energy of NC, LLC PO Box 1153 Roxboro, NC 27573-1153 . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 23, 2006 SUBJECT: Initial Wastewater/Groundwater Laboratory Certification FIELD PARAMETERS ONLY Dear Mr. Shakelford: Alan W. Klimek, P.E. Director Division of Water Quality The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143- _ 215.3(a) (10), 15 NCAC 2H .0800, is pleased to certify your laboratory to perform specified environmental analysis required by EMC monitoring and reporting regulations 15 NCAC 2B .0500 and 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. A certificate acknowledging the certification of your laboratory is enclosed for your use. The certificate describes the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, James W. eIr Laboratory Section Enclosure cc: Edith M. Henderson Raleigh Regional Office N?P'� Carolina Naturally Laboratory Section 1623 Mail Service Center; Raleigh, NC 27699-1623 4405 Reedy Creek Road; Raleigh, NC 27607 Phone (919) 733-39081 FAX (919) 733-24961 Internet: www,dwgiab.org An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Certificate No. 5458 STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C. G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: Field Parameter Only PRIMARY ENERGY OF NC, LLC Is hereby cued to perform environmental analysis as listed on Attachment 1 and report monitoring data to DWQ for compliance with NPDES effluent surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made apart of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2006 James W. Attachment North Caroastewater/Groundwater Laboratory Certificad Certified Parameters Listing FIELD PARAMETERS ONLY _ab Name: Primary Energy of NC, LLC Certificate Number: 5458 address: PO Box 1153 Effective Date: 01/23/2006 Roxboro, NC 27573-1153 Expiration Date: 12/31/2006 Date of Last Amendment: 01/23/2006 the above named laboratory, having duly met the requirements of 15A NCAC 2H.0500, is hereby certified for the measurement of the parameters listed below, CERTIFIED PARAMETERS NORGANICS RESIDUAL CHLORINE Std Method 4500 CI G )H Std Method 4500 H B TEMPERATURE Std Method 2550B This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are subject to civil penalties and/or decertification for infractions as set forth In 15A NCAC 21-1.0807. o f w A rF9'/ Michael F. Easley, Governor Q William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources '1 Alan W. Klimek, P.E. Director ❑ `C Division of Water Quality September 5, 2006 COGENTRIX ENERGY lNC-ROXBORO ATTN: GARY HICKEY, OR SUCCESSOR PO BOX 1153 ROXBORO, NC 27573 _ f r , cc�' 6EP - 8 s Subject: NPDES Stormwater Permit Renewal ' 11 EGh^: �r,i emu I Cogentrix Energy Inc -Roxboro ,- Permit Number NCS000347 Person County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000347. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2007. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files aleigh-Regional-Office NorCaw I''na NI&MAY North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www,ncwatgquality.orjz Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733.9612 1-877-623-6748 An Equal OpportunitylAffi►mative Action Employer— 50% Recycled/10% Post Consumer Paper 15 . r-W r 4�. J PUBLIC NOTICE �w'e'w STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �2 1617 Mail Service Center, Raleigh, NC 27699-1617 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to persons listed below on April 12, 2002, and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the'above address no later than March 29, 2002. All continents received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may_ be held where the Director of the Division of Water Quality finds a significant degree of public int srest'i a ~mow~ 1 proposed permit. 1 A copy of the draft permit is available by writing or calling the Division of Water Quality, 1617 Maih Service Center, Raleigh, North Carolina 27699-1617, (919) 733-5083. The application and other information may be inspected at these locations during normal office hours. =r c= Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should be make reference to the NPDES permit number listed below. NPDES No. NCS000347 r" Cogentrix Energy, Inc., P.O. Box 1153, Roxboro, NC 27573 has applied for a permit to discharge stormwater associated with industrial activities at a facility located at Cogentrix of North Carolina, 126 Allie Clay Road, Roxboro, Person County. The facility discharges to the waters of the Roanoke River Basin. Date `YGregory J. Thorpe, Ph.D., Acting Director Division of Water Quality NCS000347 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Cogentrix Energy, Inc, is hereby authorized to discharge stormwater from a facility located at Cogentrix of North Carolina 126 Allie Clay Road Roxboro Person County to receiving waters designated as Mitchell Creek, a class C stream, in the Roanoke 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, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007 Signed this day April 12, 2002. DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT for Gregory J.Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission T Permit No. NCS000347 V TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS .Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. 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 8 0 T Permit No. N CS000347 y 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements I. 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 • aPermit No. NCSo00347 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 0 Permit No. NCS000347 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: Part It Page I of 6 0 Permit No. NCS000347 (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or -storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as,'but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Part 11 Page 2 of 6 • 0 Permit No. NCS000347 Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part H of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements,. inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 3 of 6 • • Permit No. NCS000347 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges.shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in.a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements _0 DnscaargepRn. ,. }Measurement Frequencyi 1S mple� Sample -F Units "" `. r ' T , aractertst><cs y;,.„ T C; �.' 3 e? ` kLocatton3 Total Suspended Solids mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 Chemical Oxygen Demand mg/1 Annually year 1, 2, 3 Grab SDO Quarterly ear 4 Total Rainfall4 inches Annually year 1, 2, 3 Quarterly year 4 Event Duration4 minutes Annually year 1, 29 3 _Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Quarterly year 4 Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) . estimated by the measurement of flow at 20 minute intervals during the rainfall event. Table 2 Monitoring schedule Part I1 Page 4 of 6 • 0 Permit No. NCS000347 W4VPI0 ,N� tr E filal, Year I I May 1, 2002 April 30, 2003 Year 2 2 May 1, 2003 April 30, 2004 Year 3 3 May 1, 2004 April 30, 2005 Year 4 - I' quarter 4 May 1, 2005 July 31, 2005 Year 4 - 2"' quarter 5 August 1, 2005 October 31, 2005 Year 4 - 3"' quarter 6 November 1, 2005 1 January 31, 2006 Year 4 - 4a' quarter 7 February 1, 2006 1 April 30, 2006 SECTION C- QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in thespring(April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Viki MzLrgeE haractekiseRV 7my momidHfigg 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 Other obvious indicators of stormwater polluti n Semi -Annual SDO Footnotes: Part H Page 5 of 6 • Permit No. NCS000347 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 galIons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified in Table 2 (Part H, Section B). Table 4. Analytical Monitoring Re uirements for On -Site Vehicle Maintenance "v'w �: x9M -� �, y x��i�`r' �w rIC - 4 '4.� =Discharge Chbracterlistres ,: �', K� ,. Ry ' • s�Yu ° aUmts J?F"' �w x B' a Measurement k Sample -- ii�y '� + Sim le Pam. ��- � ,..� . - pH standard Annually year t, 2, 3 Grab SDO Quarterly year 4 Oil and Grease m8/1 Annually year 1, 2, 3 Grab SDO uarterl ear 4 Total Suspended Solids mo Annually year 1, 2, 3 Grab SDO 2uarterty year 4 New Motor Oil Usage gallons/month , Annually year 1, 2, 3 Estimate - Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the e year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 0 0 Permit No. NCS000347 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: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. 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 $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 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 $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page I of 8 Pages • Permit No. NCS000347 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. 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, not any infringement of Federal, State or local laws or regulations. 7. Severabiiity The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pages • • Permit No. NCS000347 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. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Sianatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages • • Permit No. NCS000347 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION G 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. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 Pages • 0 Permit No. NCS000347 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part Ill Page 5 of 8 Pages 0 0• Permit No. NCS000347 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 Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages 0 ` . 0 Permit No. NCS000347 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Nan-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. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages 0 0 Permit No. NCS000347 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages 9 • Permit No. NCS000350 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 211.0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant tlushings, 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 1 of 5 `'` ' • Permit No. NCS000347 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 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. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages 0 ^ ` 0 Permit No. NCS000347 16, Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple ouifalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfails. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 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 3l 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages 4 1-1 '' ' 0 Permit No. NCS000347 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 toss 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. Sipnificant 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 Iimited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CPR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages a Permit No. NCS000347 32. upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond'the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages NCS000347 O� O�W A r�9�G r � y Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues: Michael F, Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 1-1. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwiater Permit EPCOR USA North Carolina LLC. NCS000347 331 Allie Clay Road, Roxboro, NC (Person County) Power Plant 4911 See Figure 1 Roanoke River Basin, Sub -basin 03-02-05 C See attached draft permit. See Table 1 Return to: Brian Lowther, (919) 807-6368 Issue Rating Scale: 1(easy) to 10(hard} Compliance history 5 Benchmark exceedance 2 Location (TMDL, T&E species, etc) 5 Other Challenges: • Consistency with PP Permits 9 Difficulty Rating: 21/40 Special Issues Explanation: • During this permit renewal DWQ has significantly increased efforts to more closely monitor the power plant industry to evaluate potential impacts to stormwater (see file), Description of Onsite Activities: • Potentially exposed materials at the plant include coal, petroleum products stored in existing ASTs, water treatment chemicals and ash. Coal for the boiler plant is stored outside in the coal pile and coal pile runoff is treated in the low volume wastewater system prior to discharge. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database Page Z of 9 [ NCS000347 • SPU File • Central Files • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2006 Roanoke Basinwide Plan History: • April 12, 2002: Date permit first issued. Analytical monitoring includes TSS and COD. Monitoring was done annually for the first 3 years and quarterly for the 4th year. • September 5, 2006: Renewal permit reminder letter sent to permittee. • October 1, 2006: Date permittee submitted renewal application • March 2, 2008. New site manager Terry McDaniel. • April 7, 2008: Email from James Moore with future site changes. • April 9, 2008: Email response by Ken Pickle of the site modifications. Page 2 of 9 NCSOb0347 0 ti 014 r I �''.Y� a1��t:, • ,;,ter NCS000347 N W� .E S, Map Scale 1:24 000 1: map or Fa 'ir Nwlcfw R t 42, j, EPCOR USA- Roxboro Facility EPCOR USA North Carolina LLC Roxboro Facility Latitude: 3611 26' 7" N Longitude: 780 5741" W County: Person Receiving Stream: LIT to Mitchell Creek Stream Class: C Sub -basin: 03-02-05 (Roanoke River Basin) I-1 _:� Facility Location Page 3 of 9 NCS000347 • Central Office Review Summary: 1. Owner's Other Permits: • NC0065081 Prim Enrg of NC LLC Roxboro- includes limits for pollutant scan, cadmium, chlorine (free available and total residual), chromium, copper, flow, lead, nickel, oil & grease, P/F Statre ceriodaphnia, pH, TSS, temperature and zinc. 2. General Observations: • New site manager 03/20/2008: Terry McDaniel. • One Outfall to LIT to Mitchell Creek • 4 drainage areas: 3 stormwater, 2.7 acres, 3.7 acres, and 1.60 acres. 1 to waste basin, 2.2 acres. 3. Impairment: Mitchell Creek is not on the 303(d). The Basinwide Plan doesn't mention specifically Mitchell Creek but the section of Marlowe Creek [22-58-12-6b] downstream of Mitchell creek is Supporting aquatic life due to Good -Fair fish and benthic community. This site showed water quality improvement from the 2001' basin plan. Cogentrix-Roxboro completed a Special Order of Consent for rectifying toxicity issues in 2003 and have been in compliance. The segment [22-58-12-6b] remained on the 2008 303(d) list for zinc and copper parameters. Recommendations included that Roxboro work towards implementing a stormwater program. 4. Threatened and Endangered: There are no federally or state protected species within 2 miles of the facility based on Natural Heritage Virtual Workroom. 5. Location: C Stream 6. Industrial Changes Since Previous _Permit: In 2004, the facility added unadulterated wood as an,alternative fuel. The wood is stored in a dedicated storage bin which directs rain runoff to the waste treatment basin via a vee ditch. Transfer of the wood chips to the fuel blending area occurs within the coal yard storage area which is drained to the plant WWTP preventing any stormwater contamination from the transfer process. Email correspondence from James Moore (imoore@epcorusa.com) on 04/07/08 indicates future changes for the Southport and Roxboro facilities. They asked for a response on what do based on their stormwater and waste water permits. The changes are to be completed in early 2009. Both plants are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. Summary of future changes: • Boiler modifications will involve addition of a Mobotech overfired air system upgrade and new fuel feed hoppers. • Fuel Handling system modifications will involve addition of a truck dumper, fuel conveyor and pad storage systems. • No new fuels or chemicals will be introduced as part of the project. • Plant operations will remain the same regarding power generation. • Installation of a SNCR (selective non -catalytic reduction) ammonia injection for NOx Reduction. This has been cancelled as of 12/10/08 email. The SNCR system would have included 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts. The injected NH3 would have been consumed in the process. Design will provide isolation from the wastewater systems and stormwater contact. Page 4 of 9 NCS000347 f�J Installation of Fuel Processing Equipment — grinders and additional conveyors. This has been cancelled as of 12/10/08 email. The grinder would have handled off -spec wood. The additional conveyors will transport additional alternative fuels (tire derived fuel and wood). Design will be to contain fuel fines in the fuel yard. Design will contain yard run-off and direct it through the wastewater treatment system. Summary of Impact Assessment on the future changes: All fuel storage areas (fuel yard) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment (solids settling and removal) prior to discharge via the NPDES permitted outfalls. The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site. DENR's Response by Ken Pickle on April 9, 2008. Each site is already has a Stormwater Pollution Prevention Plan. They need to update is with changes to the site. While the expired permit is in review, abide by the provisions of the old permit. As the new site activities and materials add ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect the renewal of your permit. The reviewer will address changes to the renewal permit. Kens Pickle's notes: "New materials on site appear to be: ammonia for NOx absorbtion (possibly in the form of aqueous ammonia, a 29% supersaturated pressurized liquid; or in the form of just the gas NH3 in pressurized tanks) and could result in a HNO3 by product or conversion of the gaseous NOx into a deposited solid that might be transported to the innocuous material, although whether there is a resulting H2SO4 product from the reaction is beyond my knowledge. Addition of a grinder makes me wonder if there will be piles of wood chips or sawdust that might argue for TSS or COD monitoring to detect wood waste leachate." 7. Analytical Monitoring Notes: o There were 7 samples submitted from 10/28/02 to 4/8/06 for TSS and COD. None of values is over the current benchmarks. 8. Qualitative Monitoring Notes: o The visual monitoring was done 8 times from 5/20/02 to 10/4/05 on outfall 001. The monitoring shows no signs of pollution but is all the same. It only asks if each parameter is acceptable, and every answer is yes. Page 5 of 9 NCS000347 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration TSS COD Sampling Date Flow (in) (hours) Benchmark: Benchmark: Range (MGD) 100 mg/L 120 mg/L Outfall 1 05/01/02 to 10/28/2002 0.911618 1.9 46.8 68 35 04/3 0/03 05/01/03 to 12/4/2003 0.067 0.25 8.0 16 <20 04/30/04 05/01/04 to 9/17/2004 0.149 0.7 29.0 42 29 04/30/05 05/01/05 to 7/14/2005 0.3033 0.1 10.0 1 <10 07/31/05 08/01/05 to 10/5/2005 0.0803 0.12 7.3 8 29 10/31 /05 11/1/2005 to 12/4/2006 0.0804 2.49 7.3 17 44 01 /31106 02/01/06 to 4/8/2006 0.0018 0.18 2.5 24 48 4130 /06 PENINI[Over Current Benchmark Data Not Collected Page 6 of 9 • • NCS000347 • Revised Permit Recommendations: Analytical Monitoring: 1. Maintaining parameters... a. TSS — to track solids concentration. Sandy soils and equipment/truck traffic potential source; b. COD —submitted analytical results show moderate oxygen demand in stormwater. 2. Adding parameters —the following parameters were added as part of a comprehensive effort to investigate stormwater pollution associated with coal-fired power plant facilities: a. 13 priority pollutant metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, TI, Zn) plus Al and B — basis: known association with coal and coal combustion. Draft RTI Study (`Human and Ecological Risk Assessment of Coal Combustion Wastes', RTI, August 2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination problems. Have also discussed contaminants with Dr. Avner Vengosh from Duke University, who researched ash pond spills in TN last year. In addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged several of these metals of concern. Finally, DWQ has little data with which to characterize stormwater discharges from this industry but knows there is concern; b. Sulfate — conventional pollutant associated coal; c. 0&G — conventional pollutant associated with onsite petroleum storage and truck traffic. 3. pH added — standard addition to permit. 4. All analytical monitoring set to semi-annually. Cover letter to permittee will include language to allow the permittee to contact DWQ and request modifications of the required monitoring parameters and/or frequency if justified by sufficient data collection. 5. Benchmarks for analytical monitoring and Tiered monitoring system added to this draft permit. 6. Analytical and qualitative monitoring required -during representative storm events. Qualitative monitoring required regardless of representative outfall status. 7. Flow reporting replaced by total rainfall parameter. 8. Vehicle maintenance monitoring revised to semi-annually. Other Proposed Changes to the Previous Permit: 1. See draft permit for full details. Discussions with permittee: Ruffin Shackelford, 336-597-4798 Jim Moore answered the questions by email: 1. General description of industrial activities? 2. Have there been any changes since filing the application? Operational Change: - Adjusted fuel ratios — more unadulterated wood, more tire -derived fuel (TDF), less coal - Note some fuels as prior operation —just different feed ratios Physical Changes Affecting Stormwater: - 2009 - Annexation of 2-acre land parcel to southwest corner of plant site - 2009 — Addition Fuel Pod for storage — stormwater directed to Wastewater Basins — planned completion by 1212009 - 2009 — New internal plant roadway Page 7 of 9 NCS000347 - 2009 — New Buildings - small footprint, i.e., less than 2000 ft.2 3. Why are all the qualitative monitoring results the same? I have attached the 2006 Application submitted in November of 2006. The qualitative results reflect "y"for acceptable conditions. 4. The site reap shows more than one outfall and 4 different drainage areas. Why were these not sampled? The Roxboro site operates with one (1) SW outfalls No. 1 which discharges stormwater off -site The attached application shows only one SW outfall #1 Site drainage areas are sheet flow to an off -site drainage ditch which discharges via outfall #1 5. An aerial of the site shows storage in drainage 4 that isn't on the map. What is stored there? 6. The application says that water is sprayed onto the coal as it is unloaded. Where does this water go? 7. How many Acres is the site? The Roxboro site is approx 22 ACRES 8. Do you have vehicle maintenance onsite? What is your SIC code? No Additional Information: 2006 Roxboro SW Renewal Application attached Note — Refer to the NC Project Erosion & Sedimentation Control Plan which details Project changes ( submitted to NCDENR ) Page 8 of 9 NCS000347 0 Recommendations: Based on the documents reviewed, the application information submitted on October 31, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date Stormwater Permitting Unit Supervisor Date for Bradley Bennett Concurrence by Regional Office Date RO Water Quality Supervisor Date Regional Office Staff Comments (attach additional pages as necessary) Page 9 of 9 r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 10, 2008 Mr. Ruffin Shackelford Primary Energy of North Carolina LLC PO Box 1153 Roxboro, NC 27573 Coleen H. Sullins, Director Division of Water Quality frt�p IE C' # NOV 132008 J f i t DENR RALEIGH REOFFICEf Subject: NPDES Permit Renewal Application Primary Energy —4e Permit Number NCS000347 Individual Stormwater Permit Person County Dear Mr. Shackelford: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000347 on October 31, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements In your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368 Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh -Regional -Office, Stormwater Permitting Unit Files ric Central Files N�°Ah Carolina AVA(ra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunitylAHirmative Action Employer— 50% Recycledl10% Post Consumer Paper S ATE OF NORTH PAPOLINA Department of ,Environment and I Resources Raleigh Regional QMpe FILE ACCESS RECOF t SECTION `b W& - \�W DATE/TIME NAME NS�OdO b a / n Ufi- REPRESENTING S Guidelines for Access: The staff of the -Raleigh Regional Office is dedicated to making public records in our custody readily available to the public for revlow and copying. We also have the responsibility to the public to safeguard these records ano to carry out our day-to-day program obligations. Please read carefully the following before signirlq the form. 1. Due to the large public demand for file access, we reque4l that you call at least a day in advance to schedule an appointment for file review so yoq can be accommodated. Appointments are scheduled between 9:00 a.m. and 4;Q0 Q.m, Monday —Thursday. Viewing time ends at 4:15 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. . 2. You must specify files you want to review by facility name or inpident number, as appropriate. The number of files that you may review at one appointmgn_yrill be limited to five. 3. You may make copies of a file when the copier' is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if making more than 25 copies - there is no charge if less than 25 co ies are made. Payment is to be made by check, money order, or cash in the administrative offices. 4. FILES MUST BE KEPT IN THE ORDER YOU RECEIVED THEM. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with General Statute 25-3-512, a $25.00 prpcessing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 1. aA j1 5 o 7 Q 12sor, 2. L do S6 Sd 3. 4. 5. : 20D %nature and Warne of FirmlBusiness a Time in Time O t Please attach a business card to this form If available j 1 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 26, 2010 Mr. EIton E Gibbs CPI USA North Carolina LLC PO Box 1153 Roxboro, NC 27573 Dee Freeman Secretary Subject: Draft NPDES Stormwater Permit Permit No. NCS000347 CPI USA North Carolina - Roxboro Plant Person County Dear Mr. Gibbs: Enclosed with this Ietter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters including 15 metals, sulfate, and oil & grease have been added to this permit as an effort to investigate the pollution potential of stormwater discharges. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at.every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring. samples during representative storm events as defined in Part li Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and stormwater Branch 1617 Mail Service Center, RaleigOne h, North Carolina 27699.1617 thCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.6494 l Customer Service:1-877-623.6748 �t�I`1/ Internet: www,ncwaterguality.org j An Equal Opportunity 1 Affirmative Action Employer CPI USA North Carolina LLC Permit No. NCS000389 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: I. Additional guidance is provided about the Site Plan requirements, The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. AdditionaI requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. -Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. Please submit any -comments to me no Iater than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther©ncdenr.gov cc: Raleigh Regional Office cStormwater Permitting -Unit- C _ Attachments: Draft NPDES Stormwater Permit Sincerely, F1dan Lowther F,,cjvjronmentaI Engineer Stormwater Permitting Unit �A L1 FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 5, 2010 Mr. Elton E Gibbs ' CPI USA North Carolina LLC PO Box 1153 Fayetteville, NC 28312 Subject: Draft NPDES Stormwater Permit Permit No. NCS000347 Dee Freeman Secretary CPI USA North Carolina - Roxboro Plant Person County Dear Mr. Gibbs: Enclosed with this letter is a copy of the draft stormwater permit for your facility, PIease review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters including 15 metals; sulfate, and oil & grease have been added to this permit as an effort to investigate the pollution potential of stormwater discharges. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of.N days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. . I 5. You are required to collect aII of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwater Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 c Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina Phone: 919-807-63001 FAX: 919-807-64941 Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org ;/ An Equal Opportunity 1 Affirmative Action Employer CPI USA North Carolina LLC Permit No. NCS000389 .01 - 1. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements'shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The maprequirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year, r Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit'wiIl' likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.Io wthe r®ncden r, gov Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater Permitting Unit Attachments: Draft NPDES Stormwater Permit �� �rw.w►� ww�r► NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director May 5, 2010 Mr, Elton E Gibbs CPI USA North Carolina LLC PO Box 1153 Fayetteville, NC 28312 Natural Resources Dee Freeman Secretary Subject: Draft NPDES Stormwater Permit Permit No. NCS000347 CPI USA North Carolina - Roxboro Plant Person County . Dear Mr. Gibbs: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters including 15 metals, sulfate, and oil & grease have been added to this permit as an effort to investigate the pollution potential of stormwater discharges. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of'the end of the six-month sampling period. Additionally, samples must be taken a mmimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 ;, �� .. NorthCarohna Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �atura!!r� Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer CPI USA North Carolina LLC Permit No. NCS000389 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in aII Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit_ changes_ 1. Additional guidance is provided about the Site Ilan requirements. The site map must now identif3 ii'the receiving stream is impaired and if it has a 'TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. S. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will Iikely be issued in about tw,o months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@ncdenr.gov Sincerely, Xeo Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office 4 Stormwater Permitting Unit Attachments: Draft NPDES Stormwater Permit 2 f •� NCS000347 "'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director STAFF REVIEW AND EVALUATION NPDES Stormwater Permit„ Dee Freeman Secretary Facility Name: -€P-EAF± —SA-Kotth-earoftna'L C- Cf1 USA Q,-ArL t«..i1.N GI,C NPDES Permit Number: NCS000347 g Facility Location: 331 Allie Clay Road, Roxboro, NC (Person County) Type of Activity: Power Plant a SIC Code: 4911 z A Receiving Streams: See Figure 1 n River Basin: Roanoke River Basin, Sub -basin 03-02-05 c+u Stream Classification: C c o Proposed Permit Requirements: See attached draft permit. a Q Monitoring Data: See Table 1 Response Requested by (Date): Central Office Staff Contact: Return to: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1(easy) to 10(hard) Compliance history 5 Benchmark exceedance 2 Location (TMDL, T&E species, etc) 5 Other Challenges: • Consistency with PP Permits 9 Difficulty Rating: 21/40 Special Issues Explanation: • During this permit renewal DWQ has significantly increased efforts to more closely monitor the power plant industry to evaluate potential impacts to stormwater (see file). Description of Onsite Activities: • Potentially exposed materials at the plant include coal, petroleum products stored in existing ASTs, water treatment chemicals and ash. Coal for the boiler plant is stored outside in the coal pile and coal pile runoff is treated in the low volume wastewater system prior to discharge. Documents Reviewed: Page 1 of 9 NCS000347 • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2006 Roanoke Basinwide Plan History: • April 12, 2002: Date permit first issued. Analytical monitoring includes TSS and COD. Monitoring was done annually for the first 3 years and quarterly for the 4t" year. • September 5, 2006: Renewal permit reminder letter sent to permittee. • October 1, 2006: Date permittee submitted renewal application • March 2, 2008: New site manager Terry McDaniel. • April 7, 2008: Email from James Moore with future site changes. • April 9, 2008: Email response by Ken Pickle of the site modifications. Page 2 of 9 NCS000347 NCS000347 Map Scale 124, 000 Figure 1: Map of Facility EPCOR USA North Carolina LLC Roxboro Facility Latitude: 3611 26' 7" N Longitude: 78° 57' 41" W County: Person Receiving Stream: LIT to Mitchell Creek Stream Class: C Sub -basin: 03-02-05 (Roanoke River Basin) r�/iryai�rRi�f�a�r7�f J1 Facility Location Page 3 of 9 NCS000347 Central Office Review Summary: 1. Owner's Other Permits: 6 • NCO065081 Prim Enrg of NC LLC Roxboro-. includes limits for pollutant scan, cadmium, chlorine (free available and total residual), chromium, copper, flow, lead, nickel, oil & grease, P/F Statre ceriodaphnia, pH, TSS, temperature and zinc. 2. General Observations: • New site manager 03/20/2008: Terry McDaniel. • One Outfall to UT to Mitchell Creek • 4 drainage areas: 3 stormwater, 2.7 acres, 3.7 acres, and 1.60 acres. 1 to waste basin, 2.2 acres. 3. Impairment: Mitchell Creek is not on the 303(d). The Basinwide Plan doesn't mention specifically Mitchell Creek but the section of Marlowe Creek [22-58-12-6b] downstream of Mitchell creek is Supporting aquatic life due to Good -Fair fish and benthic community. This site showed water quality improvement from the 2001 basin plan. Cogentrix-Roxboro completed a Special Order of Consent for rectifying toxicity issues in 2003 and have been in compliance. The segment [22-58-12-6b] remained on the 2008 303(d) list for zinc and copper parameters. Recommendations included that Roxboro work towards implementing a stormwater program. 4. Threatened and Endangered: There are no federally or state protected species within 2 miles of the facility based on Natural Heritage Virtual Workroom. S. Location: C Stream 6. Industrial Changes Since Previous Permit: In 2004, the facility added unadulterated wood as an alternative fuel. The wood is stored in a dedicated storage bin which directs rain runoff to the waste treatment basin via a vee ditch. Transfer of the wood chips to the fuel blending area occurs within the coal yard storage area which is drained to the plant WWTP preventing any stormwater contamination from the transfer process. Email correspondence from James Moore { moore o e corusa.com 4/07/08 in icates future changes for the Southport and Roxboro facilities. They asked for a response o what do based n their stormwater and waste water permits. The changes are to be completed in early 2009. Both plants are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. Summary of future changes: • Boiler modifications will involve addition of a Mobotech overfired air system upgrade and new fuel feed hoppers. • Fuel Handling system modifications will involve addition of a truck dumper, fuel conveyor and pad storage systems. • No new fuels or chemicals will be introduced as part of the project. • Plant operations will remain the same regarding power generation. • Installation of a SNCR (selective non -catalytic reduction) ammonia injection for NOx Reduction. This has been cancelled as of 12/10/08 email. The SNCR system would have included 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts. The injected NH3 would have been consumed in the process. Design will provide isolation from the wastewater systems and stormwater contact. Page 4 of 9 NCS000347 • Installation of Fuel Processing Equipment —grinders and additional conveyors. This has been cancelled as of 12/10/08 email. The grinder would have handled off -spec wood. The additional conveyors will transport additional alternative fuels (tire derived fuei'and wood). Design will be to contain fuel fines in the fuel yard. Design will contain yard run-off and direct it through the wastewater treatment system. Summary of Impact Assessment on the future changes: All fuel storage areas (fuel yard) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment (solids settling and removal) prior to discharge via the NPDES permitted outfalls. The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site. DENR's Response by Ken Pickle on April 9, 2008. Each site is already has a Stormwater Pollution Prevention Plan. They need to update is with changes to the site. While the expired permit is in review, abide by the provisions of the old permit. As the new site activities and materials add ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect the renewal of your permit. The reviewer will address changes to the renewal permit. Kens Pickle's notes: "New materials on site appear to be: ammonia for NOx absorbtion (possibly in the form of aqueous ammonia, a 29% supersaturated pressurized liquid; or in the form of just the gas NH3 in pressurized tanks) and could result in a HNO3 by product or conversion of the gaseous NOx into a deposited solid that might be transported to the innocuous material, although whether there is a resulting H2SO4 product from the reaction is beyond my knowledge. Addition of a grinder makes me wonder if there will be piles of wood chips or sawdust that might argue for TSS or COD monitoring to detect wood waste leachate." 7. Analytical Monitoring Notes: o There were 7 samples submitted from 10/28/02 to 4/8/06 for TSS and COD. None of values is over the current benchmarks. 8. Qualitative Monitoring Notes: o The visual monitoring was done 8 times from 5/20/02 to 10/4/05 on outfali 001. The monitoring shows no signs of pollution but is all the same. It only asks if each parameter is acceptable, and every answer is yes. Page 5 of 9 NCS000347 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration TSS COD Sampling Date Flow (in) (hours) Benchmark: Benchmark: Range (MGD) 100 mg/L 120 mg/L Outfall 1 05/01/02 to 10/28/2002 0.911618 1.9 46.8 68 35 04/30/03 05/01/03 to 12/4/2003 0.067 0.25 8.0 16 <20 04/30/04 05/01/04 to 9/17/2004 0.149 0.7 29.0 42 29 04/3 0/05 05/01/05 to 7/14/2005 0.3033 0.1 10.0 1 <10 07/31 /05 08/01/05 to 10/5/2005 0.0803 0.12 7.3 8 29 10/31 /05 11/1 /2005 to 12/4/2006 0.0804 2.49 7.3 17 44 01 /31 /06 02/01/06 to 4/8/2006 0.0018 0.18 2.5 24 48 4/30/06 "01910ver Current Benchmark Data Not Collected Page 6 of 9 NCS000347 Revised Permit Recommendations: Analytical Monitoring: 1. Maintaining parameters... a. TSS — to track solids concentration. Sandy soils and equipment/truck traffic potential source; b. COD —submitted analytical results show moderate oxygen demand in stormwater. 2. Adding parameters... the following parameters were added as part of a comprehensive effort to investigate stormwater pollution associated with coal-fired power plant facilities: a. 13 priority pollutant metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, TI, Zn) plus Al and B — basis: known association with coal and coal combustion. Draft RTI Study ('Human and Ecological Risk Assessment of Coal Combustion Wastes', RTI, August 2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination problems. Have also discussed contaminants with Dr. Avner Vengosh from Duke University, who researched ash pond spills in TN last year. In addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged several of these metals of concern. Finally, DWQ has little data with which to characterize stormwater discharges from this industry but knows there is concern; b. Sulfate —conventional pollutant associated coal; c. O&G —conventional pollutant associated with onsite petroleum storage and truck traffic. 3. pH added —standard addition to permit. 4. All analytical monitoring set to semi-annually. Cover letter to permittee will include language to allow the permittee to contact DWQ and request modifications of the required monitoring parameters and/or frequency if justified by sufficient data collection. 5. Benchmarks for analytical monitoring and Tiered monitoring system added to this draft permit. 6. Analytical and qualitative monitoring required during representative storm events. Qualitative monitoring required regardless of representative outfall status. 7. Flow reporting replaced by total rainfall parameter. 8. Vehicle maintenance monitoring revised to semi-annually. Other Proposed Changes to the Previous Permit: 1. See draft permit for full details. Discussions with permittee: Ruffin Shackelford, 336-597-4798 Jim Moore answered the questions by email: 1. General description of industrial activities? 2. Have there been any changes since filing the application? Operational Change: - Adjusted fuel ratios — more unadulterated wood, more tire -derived fuel (TDF), less coal Note same fuels as prior operation — just different feed rotios physical Changes Affecting Stormwater: - 2009 - Annexation of 2-acre land parcel to southwest corner of plant site - 2009 — Addition Fuel Pad for storage — stormwater directed to Wastewater Basins — planned completion by 1212009 - 2009 — New intern at plant roadway Page 7 of 9 NCS000347 - 2009 — New Buildings - small footprint, i.e., less than 2000 ft.2 3. Why are all the qualitative monitoring results the same? 1 have attached the 2006 Application submitted in November of 2006. The qualitative results reflect "y" for acceptable conditions. 4. The site map shows more than one outfall and 4 different drainage areas. Why were these not sampled? The Roxboro site operates with one (1 ) SW outfalls No. 1 which discharges stormwater off -site The attached application shows only one SW outfall #1 Site drainage areas are sheet flow to an off -site drainage ditch which discharges via outfall #1 5. An aerial of the site shows storage in drainage 4 that isn't on the map. What is stored there? 6. The application says that water is sprayed onto the coal as it is unloaded. Where does this water go? 7. How many Acres is the site? The Roxboro site is approx 22 ACRES 8. Do you have vehicle maintenance onsite? What is your SIC code? No Additional Information: 2006 Roxboro SW Renewal Application attached Note — Refer to the NC Project Erosion & Sedimentation Control Plan which details Project changes ( submitted to NCDENR ) Page 8 of 9 . 3 M Z-,, ` NCS000347 Qis.ZE"Yo w,2µG� 31x�rp Recommendations: Based on the documents reviewed, the application information submitted on October 31, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) ^ Date f/z? 0 J(��Stormwater Permitting Unit Supervi Date 2-7 t 0 for radley Se nett t4l il 2 i Concurrence by Regional Office % Date a r RO Water Quality Supervisor , U -Z/� Regional Office Staff Comments (attach additional pages as necessary) Date I have not inspected this facility, mainly due to their being shutdown. They have not operated the plant much this year, so from a wastewater prospective, I have been waiting on a discharge to run wastewater sampling. They have some wastewater challenges with Zn and sometime Cu due to some process changes and the nature of start- ups and shutdowns. We last did an inspection (for wastewater and stormwater) on March 19, 2008 and the inspection is in Bims under NCS000347, was found to be compliant, and Vicki Webb of the RRO was the inspector. I suspect the same issues we found when sampling at FRO Coal Fired Co -generation plants are possible, so I would check on stormwater language used in any recent renewals of other Coal Fired Co -generation plants, ie. 13 priority pollutant (metals). I think the stormwater sampling we did in FRO is representative of these types of Co- generation plants in general. If you think we need to schedule a stormwater sampling event for this facility before issuance of the new stormwater permit, let me know and I'll be glad to schedule a visit to the plant. Thanks, Autumn Page 9 of 9 NCS000347. 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 Carolinal,General Statute`143-215.1, other lawful standards and regulations promulgated and adopted by0e•North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, EPCOR USA-Nor�'thr,Carolina LLC is hereby authorized to,di' charge stormwater from a facility located at 'Roxboro Facility 31Allic Clay Road Roxboro, NC .. _ Person County to receiving waters designated as an.unnamed tributary to Mitchell Creek, a class C stream in the Roanoke River Basin, in accordance with the discharge limitations, monitoring requirements, and . other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective March 1, 2010. This permit and the authorization to discharge shall expire at midnight on February 28, 2015. Signed this day February 16, 2009. for Coleen H. Sullins, Director Division of Water Quality By. the Authority of the Environmental Management Commission Permit No. NCS000347 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Pen -nit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AN_D LIMITATIONS"FOR PERMITTED DISCHARGES 411 Section A: Stormvvater Pollution Prevention Plan ram. rr . Section B: Analytical Monitoring Resquirements", Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2.' _ Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability . 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification.of Reports Section B: General Conditions 1. Individual. Permit Expiration 2. Transfers 9 Permit No. NCS000347 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3., Bypassing of Stormwater Control Faciliti Section D: Monitoring and Records 1. Representative Sampling r 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative 0 t�fall 6. Records, Retention. \1 14 7. I nspectionn,and,Entry Section E: Reporting R4uire'm'ents 1. Di c arge Monitoring Reports 2. Submiit ng Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass S. 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 Permit No. NCS000347 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. ' If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing;to obtain a No Exposure Certification must submit a No Exposure Certihcation'NOFffoiin to the,,Division; must receive approval by the Division; must maintain no exposure condit ons 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 ACTIVIT Until this permit expires or is modified of ievoked, 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. begin 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 1 of2 SECTION C: LOCATION MAP Permit No. NCS000347 MCS000347 Map Scale 124,000 EPCOR USA North Carolina LLC Roxboro Facility Latitude: 360 26' 7" N Longitude: 780 5741" W County: Person Receiving Stream: UT to Mitchell Creek Stream Class: C Sub -basin: 03-02-05 (Roanoke River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000347 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 111, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan.shall provide a description of the physical facility and the potential pollutant sources which may be expected to�'colitribute 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;ifthe,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 locationniap,(o'r..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 c. oncem"lire. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmd[/Gencral_303d.htm#Downloads North Carolina TMDL documents can be found here: httn://h2o.enr.statc.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 1 I Permit No. NCS000347 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section B; Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall'contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a Feasibility Study. A review of the technical andeconomic feasibility of changing the methods of operations and/or storage pract ces t --eli6minate or reduce exposure of materials and processes to stormwater.-Wherever practical, the permittee shall Ak 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 manag nent,plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Contairir'nent<Requiretnents and Records. Secondary containment is required for: bul '~storage of liquid materials; storage in any amount of Section 313 of Title Ill of the, up'erfund Amendments and Reauthorization Act (SARA) water priority chemicals;, ail d storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all_suchtanks and stored materials and their associated secondary containment arcas-slall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to, stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part 11 d r'4i',:«I Page 2.. of l' l Permit No. NCS000347 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,bc 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, yexisting structural BMPs. The program shall establish schedules of.inspections, intenance, and housekeeping activities of stormwater control systems,/as well as facility equipment, facility areas, and facility systems that present -a potential for-starmwater exposure or stormwater pollution. Inspection of material handlin�g,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. 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 far all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part 11 Page 3 of l l Permit No. NCS000347 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 Ill, Standard, Cond i tio ns, 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 ofthe�year (January to June), and once during the second half (July to December), withIt least``G0 days separating inspection ray i dates (unless performed more frequently thanksemi-annually): These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B, C and D of this permit. 9. Implementation. The permittee shall implement"the'Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to einployees;jincluding the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities,,., Suc1�,documentation'shall be kept on -site for a period of five years and made available to;a�Director or the Director's authorized representative immediately upon request. Part [ 1 Page 4 of 1 1 Permit No. NCS000347 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample maybe collected if the next rain producinga discharge begins within 10 hours.. A ,// Table 1. Analytical Monitoring Re uirements'` Discharge Measurement Sample Sample Characieristics, : Units Fre uenc 1 T e� .. Locaton3 40 CFR Part 423 Appendix A: 13 Priority Pollutant Metals �ti Grab SDO semi,tm aual (Ag, As, Be, Cd, Cr, Cu, Hg, . f Ni, Pb, Sb, Se, Tl, Zn) 4 Al ,,. ' �l'�. �� semi-annual Grab SDO B. j , v ' semi-annual Grab SDO " COD ;� 1i, m'] semi-annual Grab SDO TSS �°� . Mtn /l semi-annual Grab SDO Sulfate mg/1 semi-annual Grab SDO Oil and Grease O&G m /l semi-annual Grab SDO H standard semi-annual Grab . SDO Total Rainfalls inches semi-annual Rain Gau e - Footnotes: Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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 Mercury shall be analyzed by EPA Low-level detection method 1631 E. This method also requires a field blank be analyzed. A benchmark does not apply; however, values above 0.012 µgll should be noted on annual SDO DM R reports to the Regional Office. Part 11 Page 5 of 1 1 Permit No. NCS000347 5 For -each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate each sample date . unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule ` Monitorin period" Sample Number Start Eti& Year I — Period 1 1 January 1, 2010 June 30, 2010 Year 1 — Period 2 2 July 1, 20 December 31, 2010 Year 2 —Period 1 3 January], 0.k0 I June 30, 2011 Year 2 — Period 2 4 Julya 1,c2'0 ; December 31, 2011 Year 3 —Period 1 5 Jarivary� , 0l1�,1�,�2- �' June 30, 2012 Year 3 — Period 2 b July<l, December 31, 2012 Year 4 — Period 1 7 January; ICIO 1 6 June 30, 2043, Year 4 —Period 2 8 ".� Jitly 1;<2 3 December 31, 2013 Year 5 — Period 1 9 fJanuary'l, 13 1 June 30, 2013 Year 5 —Period 2 10 July 1, 2 December 31, 2014 Footnotes: Maintain semi-annual monitoring during permitxenewal process. The applicant must continue semi-annual monitoring until the renewed permit%is"issued: 2 if no discharge occurs during thesampling+pe od,'the permittee must submit a monitoring report indicating "No Flow" within 30 days of the e(4of the six-month sampling period. The permittee shall report the,analyti✓cal results from the first sample with valid results within the monitoring period. In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. 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. Part 11 Page 6 of Permit No. NCS000347 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Aluminum mg/l 0.75 Antimony mg/l 0.09 Arsenic mg/l 0.36 Beryllium mg/l. 0.07 Boron mg/1 N/A Cadmium mg/l 0.001 Chromium mg/l Copper mg/l "`0/007 Lead mg/1 �. �✓� �� 0,.03i� Mercury µg/l % �.� *'� NIA Nickel mg/l ! ��., ��% 0.26 Selenium mg/l f j �' % 0.056 Silver � mgh �-- ;� 0.001 Thallium @., N/A Zinc ` y mg/1 0.067 COD � tmg/l 120 TSS ,~ mg/1 100 Sulfate mg/l 500 O&G mg/l 30 pH (see footnote 1) standard 6 - 91 Footnotes: l If pl-I values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data indicate precipitation pH.levels are within + 0.1 standard units of the measured discharge values or lower, then the lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range. Part 11 Page 7 of 11 Permit No. NCS000347 , ,-i a -, � TierOne If: The first valid sampling results are above a benchmark value, or outside of the benchmark -range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes -of the benchmark value exceedence. 3..-XIdentify potential, and select -the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters f concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months3of the,inspecfion. 5. Record each instance of a Tier One response iq-the•St n- water Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel 11 /� , S1 19Y conducting the inspection, the selecteactions, andlhe date the selected actions were implemented. f� Tier If: During _ the term of this pe ndt, the f r tbvalid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a s ecific�dischar e outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters (except mercury) 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 11 Page 8 of Permit No. NCS000347 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 Raleigh 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; • Work with the permittee to develop alternative response s rategies; • Require the permittee to install structural storniwater controls;,/,z * Require the permittee to implement other ston swat r cont r61'measures; or • Require that the permittee implement site modifi ations to qualify for the No Exposure Exclusion. ,! { A A Part 11 Page 9 of 11 Permit No. NCS000347 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_,':., Monitorin ' Location . Color semi-annual (�,< S 4 DO�,.., Odor semi-annual SDO Clarity semi-annual ,/ "��� 'SDO FloatingSolids semi-annual°` ),w SDO Suspended Solids semi-annual �(.� ��` SDO _ 1.1 , Foam 'semi`-ar iival .,, �:, N. SDO Oil Sheen `semi-arinuah _;, , <. ; .,, SDO Erosion or deposition at the � semi-d nual SDO outfall Other obvious indicators >>'',�,. semi-annual SDO of stormwater pollution'' Footnotes: Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this.facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location; Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) 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 II Page 10 of 11 Permit No. NCS000347 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics ,Units Measurement Fre uenc .l Sample Typc2 Sample Location3 H standard semi-annual Grab SDO Total. Petroleum Hydrocarbons EPA Method 1664 SGT-HEM) mg/l semi-annual Grab SDO Total Suspended Solids m 7 I` semi-annual Grab SDO Total Rainfall4 inches : ,, semi-annual Rain rauge New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative stornt3event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. [f-atahe end of this permitting cycle the permittee has submitted the appropriate paperwork for a Tenewal permit•beibre'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 p'eriods 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 odf discharget`from the pond. 3 Sample Location: Samples shall be collected at each s ormwater 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. i Monitoring results shall be compared-io the benchmark values in Table 6. The benchmark values in Table 6 are not petmit�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 lI Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH (see foolnote 1) standard 6 - 9 Total Petroleumn Hydrocarbons (TPH) mg/L 15 Total Suspended Solids mg/L 100 Footnotes: 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data indicate precipitation pH levels are within + 0.1 standard units of the measured values or lower, then the lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the normal pl-I range. Part lI Page 11 of 11 Permit No. NCS000347 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 Section A, Paragraph 2(b) of this permit, shall be accomplished withim,12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existmg-facilities previously permitted and applying for renewal under this permit: The Stormwate ePollution 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 contamment,,as,specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to.the� cginningz f discharges from the operation of the industrial activity. , f 2. Duty to Comply The permittee must comply with all;conditions,of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for enforcement action; for permit termination, revocation and rreiss� ce, or modification; or denial of a permit upon renewal application. a. The permittee shall comply,:i" th 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 $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref, Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. 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 Part I I I Page I of 8 Permit No. NCS000347 $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. 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 Liabilitv Except as provided in Part I11, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. 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 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 31 l,of the`Federamct, 33 USC 1321. �r ` A, r� 6. Property Rights t 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, 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine or not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part I II Page 2 of 8 Permit No. NCS000347 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 r • The permittee is not authorized to discharge after the expiration date., In order to receive automatic . authorization to discharge beyond the expiration date, the permitteefs`hwall 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 pertittee that does not have a permit after the expiration and has not requested priew al at least,4 80 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 1.'43-215.6 and 33 USC 1251 et, seq. �° .1" 2. Transfers This permit is not transferable to any pa Director may require modification or re incorporate such other requirements as' required to notify the Division in wrri, 3. Signatory Requirements All applications, reports, orlixnfo a. All applications tobe'c a" ;on `egcept'afternotice to and approval by the Director. The )catton6nd„reissuance of the permit to change the name and Q 1 is ay necessary under the Clean Water Act. The Permittee is ig p%the event the permitted facility is sold or closed. N ,- J, submitted to the Director shall be signed and certified. under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. 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 PartIll Page 3 of 8 Permit No. NCS000347 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and, (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under. penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the, information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalti s�for submitting false information, including the possibility of fines and imprisonment for�knowing� tions." 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 per nit r 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 Adininistrative,Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. r ' 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 I . 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. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000347 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 111, Section E of this permit. . If the Director determines that it will meet the three conditions listed.above, the Director may approve an anticipated bypass after considering its adverse effects. , SECTION D: MONITORING AND RECORDS j 1. Representative Sampling Samples collected and measurements taken, as required herein, shall"Ebe;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. 3. Recordinp, Results ' For each measurement, sample; rz' pectioh.oramintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: r. w a. The date, exact place, and time1of sampling, measurements, inspection or maintenance activity; b. The individual(§) who-pe.rfformed the sampling, measurements, inspection or maintenance•activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000347 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5.. Rcpresentative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring resuits.shall also be maintained on -site. The permittee shall retain records of all monitoring information including all calibration and maintenance (% ; ,, 4 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 y ars*om_thc date of.the sample, measurement, report or application. This period may betextended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or anauthorizcd representative (including an authorized contractor acting as a representative of the Director)` or in the case of a facility which discharges through a municipal separate storm sewer system, aii authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon'ibe,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 recordsimust be kept under the conditions of this individual permit;' b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable tinges any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (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 three-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part III Page 6 of 8 Permit No. NCS000347 E 3. Ell 5. f 7. 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. 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. INq In addition, a separate signed Annual Summary DMR copy=shalsubmitted to the permittee's DWQ Regional Office (RO) by March 1 of each year. 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 thetermsshall be available for public inspection at the offices of the Division of Water Quality''As,requiretl by the Act, analytical data shall not be considered confidential. Knowingly making any.4alse.statement on any such report may result in the imposition of criminal penalties; as provided for,in•NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored'in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and-provide•thisM nformation with the stormwater discharge monitoring report. Planned Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification'requirements under 40.CFR Part 122.42 (a). 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 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. Part 1I1. Page 7 of 8 Permit No. NCS000347 8. W 10. Twenty-four Hour Reporting The pennittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment: Any information shall be provided orally within 24 hours from the time the pennittee 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 repo!-( has been received within 24 hours. A Other Noncompliance The permittee slialI report all instances of n monitoring reports are submitted. Other Information Where the permittee becomes aware that it fai 11 individual permit or in any report to the Direc l^` <\ ;F. ice no 24 hour reporting at the time to`submit any relevant facts in an application for an it -shall promptly submit such facts or information, Part I II Page 8 of 8 NCS000347 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 paragrapl�shaalso�contain,any other requirements in the Act then applicable. �y✓�°°'<.:'.� . PART V ADMINISTERING AND REQUIRE! The permittee must pay the administering and compliance the Division. Failure to pay the fee in timely manner in ac, Division to initiate action to revoke the`.indiv dual permit., MONITORING FEE ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this PART -.VI DEFINITIONS I . Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non -storm water -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 V 1 Page I of 5 Permit No. NCS000347 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple abo, _e ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. .s• 7. Clean Water Act n The Federal Water Pollution Control Act, also known as }ic Cleari.Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ G The Division of Water Quality, Department of/Environment and'Natural Resources. 9. Director /r t The Director of the Division of Water<Quality, therpermit issuing authority. 10. EMC _ The North Carolina Enviro nentai Management Commission... 11. Grab Sample - f° 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 runotT. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000347 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 wi6Ae 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 inc channel, tunnel, conduit, well, or discrete fissure from of the state. ifically limited to, any pipe, ditch, or may be discharged to waters 19. Representative Storm Event,,, ?y A storm event that measures greater than 0.1 inches of"'. infall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches,has�occur•�red A single storm event may contain up to I O.consecutive hours of no precipitation. For example, if.itrains'for,.2,hours without producing any collectable discharge, and then stops, a sample may be collect d'if a rain producing•a discharge begins again within fhe next 10 hours. �.:. � `w 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 perfofm 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. Sec ondary_Contaiument Spill containment for the contents of the single largest tank,within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical . A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA).of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI rtPage 3t�of 5 Pages Permit No. NCS000347 (1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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, %f 25. Significant Materials Includes, but is not limited to: raw materials; fuels; material'osuch as solvents, detergents, and plastic pellets; finished materials such as metallic products;-raw'materials used in food processing or production; hazardous substances designated under sectiond01(.14)'ofCERCLA; any chemical the facility is required to report pursuant to section 3 13 of Title III of S,ARA jfertiIizers;,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 Cle n -Water Act (Ref: 40 CFR' 1 10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). \W �j 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000347 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 qualityassesstnent 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. Thet lean Water Act, Section 303, establishes the water quality standards and TMDL programs. S 33. Toxic Pollutant s 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-uninterfilonal and temporary noncompliance with technology based permit euen['limitations fflbecause of factors beyond the reasonable control of the permittee. An upset does not include oncoinpliance to the extent caused by operational error, improperly \: ,. i 14 designed treatment or control flacilitics inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. J� 35... Vehicle Maintenance Activity Vehicle rehabilitation, mechanics 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- ear 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 Monitoring Strategy for Power Plant NPDES Stormwater Permit Renewals in 2009 Renewal Permit Monitoring: In recent years, the Stormwater Permitting Unit has recognized the complex issues associated with coal -burning power plants and the increased attention on coal ash storage, use;and disposal at these sites. Data on stormwater discharges from these plant sites is limited because the focus has traditionally been on wastewater. Regions have also voiced concern about potential contamination from metals in stormwater discharges associated with the activities at these sites. After researching constituents these activities or materials may introduce to the power plant property (and with them potential for stormwater pollution), the Unit formulated a strategy for these renewal permits: Basis: Draft RTI Study (`Human and Ecological Risk Assessment of Coal Combustion Wastes, -RTI, August 2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination problems. SPU also discussed contaminants with Duke University researcher, Dr. Avner Vengosh, who researched the TVA ash pond spill that occurred in Dec 2008 in Kingston, TN (Mtg with SPU on May 4, 2009). In addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged metals of concern. Overall, we have very little data with which to characterize stormwater discharges from this industry, but we know there is a concern and need for better understanding about possible stormwater pollution from the activities here. (FYI - Cost of clean mercury inethod-around $100.) Basis: Power plants are a potential major source of mercury, and although some Hg may be regional, there is a risk that significant quantities came from the activities at the plant itself. While wastewater permit limits are calculated based on low stream flow and -high wastewater effluent flow conditions —and sometimes do not warrant the lower -detection method—stormwater contributions vary broadly and do not change the bio-accumulative nature of methyl -mercury. SPU recognizes the complexity ofregional air transport and deposition, as well as the cost and,resources involved in clean mercury sampling protocol, and therefore will exempt Hgfrom mon thly monitoring in the tier structure. However, ,if mercury data suggest a problem driven by.sources or activities at the plant, DWQ should investigate further and could require additional monitoring in the future. • . Semiannual;€monitoring 1'or` COD, TSS, °H,sulfates,a�ici=0&G. asis: conventional pollutants associated with types of activities here. Note -include provision to allow pH values below benchmark if facility can document rainfall pH is as low or lower at time of sampling. Last revised 912212009 Monitoring Strategy for Power Plant NPDES Stormwater Permit Renewals in 2009 • Requ�rement�to .;W9 i Gila a summ nualEdatarja DWQ • • Basis: Consistency with current draft General Permits and to facilitate prompter awareness of monitoring results at the regional office level. example, plants might consider installing bioretention cells for drainage areas where metals are a problem and monitor for effectiveness, in exchange for decreased monitoring frequency and/or no benchmark trigger. We will also consider relieving monitoring if the facility can demonstrate levels are not .-attributable-to,-or else not able to be separated from, industrial activities. SPU will work'with the regional offices to address situations on a case -by -case basis. Basis: SPU recognizes the ubiquitousness of copper and zinc, and the low benchmark concentrations for metals like Cd, but we also know activities at power plants can be contributors of these pollutants. SPUfeelsalternatives to more monitoring can facilitate solutions and that the permit tier structure is flexible enough to relieve the permittee of monitoring when appropriate. Federal effluent guidelines apply specifically to the Steam Electric Generating industry, which excludes cogeneration facilities. However, cogeneration plants are similar in many respects, and coal storage and handling activities may even be identical. SPU will consider a tailored approach for certain SDOs based on proximity to coal sources, storage area size, etc. Depending on the size and similarity of the coal storage and handling (and perhaps other factors), the permit writer could decide to (a) apply limits initially, or (b) an arrangement where benchmarks mirroring BPT requirements for coal pile leachate in 40 CFR §423 (TSS of 50 mg/l and pH 6-9 SU) would become limits after two exceedences (i.e., Tier 2 action), or (c) just impose benchmarks. Basis: Federal storm water effluent limits apply to coal piles at steam electric generating facilities; similarity of cogeneration plants (and -even elsewhere) warrant -similar scrutiny. Other states such as Virginia, Ohio, and Georgia have already imposed the some BPT limits on coal pile runoff and leachate at facilities where coal burning forsteam electric generation is not necessarily the primary Industrial activity. The flexibility for North Carolina to do the same follows that lead and acknowledges the potential for the some pollution problems. 2 Last revised 912212009 Monitoring Strategy for Power Plant NPDES Stormwater Permit Renewals in 2009 Relevant E-mail Correspondence: ----- Original.Message----- From: Jones, Jennifer M.[mailto:jennifer.jones@ncdenr.gov] Sent: Monday, May 04, 2009 9:05 AM To: Bethany Georgoulias; Ken Pickle; Cory Larsen; briah.lowther@ncmail.net; Jennifer Jones Cc:'Bradley Bennett; 'Robert Patterson'; Mike Randall Subject: RE: Power Plants & SW Permit Strategy Just talked to Robert Schreusdale @ RTI. He.said our list of analytes sounds good but we should consider adding Cobalt and Iron. I mentioned the concerns with Iron ubiquitousness but he said that it may be present at such high levels that it's a concern. He suggested background monitoring - I told.him the concerns we have with that. -----Original Message ----- From: Hoban, Autumn Sent: Tuesday, July 07, 2009 11:52 AM To: Lawyer, Mike Cc: Brower, Connie; Jones, Jennifer;.Georgoulias, Bethany Subject: Correction on FRO Power Plant Sampling Qualification Mike, Just needed to follow up on e-mail from April 9, 2009. This e-mail is inserted between the number lines below in light blue: I have the lab results.from the FRO power plant visits. ***Lumberton NC0058297 outfall 003 - *Arsenic 3.8 ug/L*, *Copper 31 ug/L*, *Nickel 15 ug/L*, Titanium 29 ug/L, and *Zinc 390 ug/L*, *Al 400ug/L* SW1- *Al 4400 ug/L,* *Arsenic 3.6 ug/L*, *Copper 14 ug/L*, *Titanium 220 ug/L*, *Zinc 420 ug/L* Elizabethtown NCO058301 outfall 003 wastewater -*Copper 22 ug/L*, Zinc 20 ug/L outfall 005 SW- Zinc 11 ug/L I bolded possible concerns*, "this data is not adequate for determining compliance." * These samples went to lab the same time their freezer went out, so data is qualified -not the best situation, but for identifying what's there, I think this is relatively accurate. Another sampling event would be needed, especially at Lumberton. Sampling should probably be done at the Progress Energy Plant nearby that has the ash pond. 3 Last revised 914212009 Monitoring Strategy for Power Plant NPDES Stormwater Permit Renewals in 2009 These two facilities have coal piles, but no ash ponds on site and neither facility has been operating consistently. Neither was operating the day we sampled. if operating expect these would be higher. Just let me know if I can be of assistance. Connie has so kindly pointed out that the metals sample results would not be effected by the freezer/cooler issues experienced at lab, so my statement about "results not being adequate.to determine compliance" is incorrect. Please review the laboratory sections qualifiers by each analyte to determine. which analytes were qualified. If you have not received a copy of the results from the lab, I can scan and send the copies that .came to RRO. Can you let me know if anyone is evaluating Lumberton Site "SW1 outfall" and "WW Outfall 003" with regards to permit requirements and these sample results. We may want to resample, since some levels in these results seem unusually high, but that.'s up to FRO. Sorry for the confusion. __---Original Message ----- From: Drew Zurow[mailto:Drew.Zurow@dnr.state.ga.us] Sent: Tuesday, July 28, 2009 8:56 AM To: Georgoulias, Bethany Cc: Larry Hedges Subject: Re: [stormwater] Coal Pile.Runoff SW Effluent Limitations Bethany, Georgia's general industrial stormwater permit has TSS/pH limits for all coal pile runoff, whether or not thethe source is a Steam Electric Generating Plant. This has been the case since our first industrial stormwater permit issuance in 1993. We have not yet seen a good reason to modify our original permit language and exclude facilities that are not Steam Electric Generating Plants from these limits. 4 Last revised 912212009 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality November 10, 2008 Mr. Ruffin Shackelford Primary Energy of North Carolina LLC PO Box 1153 Roxboro, NC 27573 Subject: NPDES Permit Renewal Application Primary Energy — Southport Facility Permit Number NCS000347 Individual Stormwater Permit Person County Dear Mr. Shackelford: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000347 on October 31, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions' and monitoring requirements in your eipired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368 Sincerely, Brian C. Lowther Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office Stormwater=P ermitting.Unit:Files Central Files t Carolina ura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury 5t. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 500% Recycledl100% Post Consumer Paper I PCOR U4k - Stormwater Permit Renewal Information e k. •�' Subject: EPCOR USA - Stormwater Permit Renewal Information From: "Moore, James" <jmoore@epcorusa.com> Date: Wed, 10 Dec 2008 10:41:47 -0600 To: <Brian.Lowther@ncmail.net> CC: "Thorley, Tom" <tthorley@epcorusa.com>, "Androskaut, Larry" <landroskaut@epcorusa.com>, "Gibbs, Bob" <bgibbs@epcorusa.com>, "Stubbs, Paul" <pstubbs@epcorusa.com>, "Wagoner, Greg" <gwagoner@epcorusa.com>, "Hermanson, David" <dhermanson@epcorusa.com>, "Cameron Weaver" <C ameron. Weaver@ncm ai I . net> Mr. Brian Lowther NCDENR Water Quality Division Stormwater Permitting Section Brian: Our North Carolina Project has changed from the original design basis. This email is to provide you with an update to the project scope per your request. Our Schedule is to submit the Southport Costal Stormwater Permit to you by January 23rd 2009. It is our understanding that your department has 60-days from determination of application completeness to issue the permit. This timeframe is crucial for us as we will begin our project work in March of 2009. We are looking forward to working with you in your review of the Southport Costal Stormwater Permit. If you would - please comment on the project work we can conduct on -site prior to issuance of the stortwater permit. It is our understanding that we are allowed to begin construction work that does not impact existing permitted stormwater controls. Please let me know if you have any questions. Jim Pro'ect's Overview: § Official Name is the North Carolina Emissions Control Project § The Project will spend approximate y MM at our Roxboro and Southport Plants § The Project will modify our boilers and fuel handling systems Boiler modifications will involve addition of a Mobotech overfired air system upgrade and new fuel feed hoppers Fuel Handling system modifications will involve addition of a truck dumper, fuel conveyor and pad storage systems Prior Project Planning involving installation of a ammonia injection system has been cancelled Prior -Project Planning involving the installation of a S02 solid adsorbent injection has been cancelled § No new Fuels or Chemicals will be introduced as part of the project § Plant operations will remain the same regarding power generation Southport Plant - Project Stormwater Impact: § The Southport Plant will add a new 40,000 ft.2 fuel storage pad § Addition of a truck dumper & Motor Control Center - approximately 1800 f12 § The Southport Plant is proposing to add a new 1.5 mile new access roadway to the plant site § Total NEW impervious surface area is at approximately 1.63 acres 1 of 1/26/2009 10:22 AM EPCOR US?, - Stormwater Pen -nit Renewal Information New Fuel pad area will be directed to the Plant wastewater basins ( wet detention basins ) which disZhar e under a NPDES Permit #NC0065099. NPDES permit TSS limits will apply to the treated water discharged from the plant. New Roadway will be designed with adjacent "infiltration - conveyance ditches to manage Stormwater. The ditches will connect to the existing stormwater ditch system which conveys water to the Progress Energy Brunswick Cooling Water Canal Roxboro Plant - Project Stormwater Impact: § The Roxboro Plant will add a new 16,000 ft.2 fuel storage pad § Addition of a truck dumper & Motor Control Center - approximately 1800 ft2 § The Roxboro Plant is proposing to add a 1/2 mile new access roadway on the plant site § Total NEW impervious surface area is at approximately 2.1 acres New Fuel pad area will be directed_to_the Plant wastewater basins ( wet detention -basins )-which discharge under a NPDES .Permit.#N.00.Q650,$5 ,_ New Roadway will be designed with culverts for stormwater runoff to the existing on -site drainage system The Army Corp of Engineers ( Mr. Eric Alsmeyer) is providing a 401 and 404 determination for this stormwater conveyance. Southport Stormwater Permits: § Southport submitted a stormwater renewal application in October of 2006 to renew its SW Permit #NCS000348 § Permit #NCS000348 is expired and Southport is operating under its permit shield § Southport is located in a MS4 Coastal region § With the Project disturbance of > 1 acre - Southport is required to submit for a "Costal" Stormwater Permit As part of the Coastal Stormwater Permit Application, a Erosion and Sedimentation Plan is being developed for submittal with the SW Permit application § Our schedule is to submit the Southport E&S and SW applications by January 23rd Roxboro Stormwater Permit: Roxboro submitted a stormwater renewal application in October of 2006 to renew its SW Permit #NCS000347 Permit #NCS000347 is expired and Roxboro also is operating under its permit shield As Roxboro is NOT in a coastal region - it will not be submitting a new stormwater permit application As the Project will be disturbing > I acre, a Erosion & Sedimentation Plant will be submitted for Roxboro Roxboro will adjust it Stormwater Management Plan to reflect the plant changes Our schedule is to submit the Roxboro E&S application by January 23rd Jim James C. Moore Corporate Director EHS, EPCOR USA 2 of 4 1/26/2009 10:22 AM EPCOR USA - Stormwater Permit Renewal Information r ; 2000 York Road, Suite 129 Oak Brook, 1L 60523 Office: 630-4 l 3-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@ppcorusa.com epcorusa.com -----Original Message ----- From: Moore, James Sent: Monday, December 01, 2008 3:12 PM To: Brian Lowther Subject: RE: Stormwater Permit Renewal Information Brian: Thanks for your email. I will provide you an update of our project by Thursday this week if that is acceptable to you. I will assume that you are in agreement with this timeframe unless I hear differently from you. Jim James C. Moore Corporate Director EHS, EPCOR USA 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@epcorusa.com -----Original Message ----- From: Brian Lowther [mailto:Brian.Lowther@ncmail.net) Sent: Monday, December 01, 2008 8:25 AM To: Moore, James Subject: Stormwater Permit Renewal Information Jim, As we talked about during our phone conversation this morning, could you send me an update of the changes occurring at the Southport and Roxboro Sites (NCS00348 and NCS000347). Any information on the changes will be' helpful in the renewal process. I currently have some email, correspondence from April 08 that describes some of the proposed changes. Thanks. Brian Brian C. Lowther Environmental -Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6368 Email: brian.lowther@ncmail.net <mailto:brian.lowther@ncmail.net> Website: http://h2o.enr.state.nc.us/su/stormwater.html 3 of 4 1/26/2009 10:22 AM EPCOR USA - Stormwater Permit Renewal Information ;" , ,_' p Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof, Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. 4 of 1/26/2009 10:22 AM 331 ALLIE CLAY RD ROXBORO, NC 27573 - Google Maps http://maps.google.com/maps?hl=en&tab=wl 0, IM Address Maps 7o see all the details that are Hsible on the screen, use the'Print" link need to the map. 1 of 1 2/19/2009 2:20 PM 1�1 Primary Energy uo Carolyn Bryant Point Source Branch - NPDES 1617 Mail Service Center Raleigh, NC 27699-1641 Subject: Responsible Official NCO065081 NCS000347 Ms. Bryant, Pursuant to 40CFR 122.41 (k) and effective immediately, Terry McDaniel has assumed the position of Site Manager for Primary Energy of North Carolina Roxboro Facility. Mr. McDaniel will be assuming all signatory requirements pursuant to NPDES permits NCO06081 and NCS000347. Should you have any questions regarding these changes, please contact me, Donald J. Ennen, at 910 457-5056 extension 22. Sincerely, a4A� Donald J. En ien General Manager Primary Energy of North Carolina Southport, NC 28461 910.457.5056 x22 office 910.457.9874 fax cc: EHS File 1.1.2 James Moore 110 Box 10836 1281 POWCrhOUse Drive SF. Southport, NC 28461 910-457-5056 910-457-9874 fax Lowther, Brian From: Moore, James Umoore@epcorusa.comj Sent: Wednesday, December 10, 2008 11:42 AM To: <Brian.Lowther@ncmail.net> Cc: Thorley, Tom; Androskaut, Larry; lndroskaut@epcorusa.com; Gibbs, Bob; Stubbs, Paul; Wagoner, Greg ; gwagoner@epcorusa.com; Hermanson, David; Cameron Weaver Subject: EPCOR USA - Stormwater Permit Renewal Information Mr. Brian Lowther NCDENR Water Quality Division Stormwater Permitting Section Brian Our North Carolina Project has changed from the original design basis. This email is to provide you with an update to the project scope per your request. Our Schedule is to submit the Southport Costal Stormwater Permit to you by January 23`d 2009. It is our understanding that your department has 60-days from determination of application completeness to issue the permit. This timeframe is crucial for us as we will begin our project work in March of 2009. We are looking forward to working with you in your review of the Southport Costal Stormwater Permit. If you would - please comment on the project work we can conduct on -site prior to issuance of the stormwater permit. It is our understanding that we are allowed to begin construction work that does not impact existing permitted stormwater controls. Please let me know if you have any questions. Jim Proiect's Overview: ■ Official Name is the North Carolina Emissions Control Project ■ The Project will spend approximately $75MM at our Roxboro and Southport Plants ■ The Project will modify our boilers and fuel handling systems ■ Boiler modifications will involve addition of a Mobotech overfred air system upgrade and new fuel feed hoppers ■ Fuel Handling system modifications will involve addition of a truck dumper, fuel conveyor and pad storage systems ■ Prior Project Planning involving installation of a ammonia injection system has been cancelled ■ Prior Project Planning involving the installation of a S02 solid adsorbent injection has been cancelled ■ No new Fuels or Chemicals will be introduced as part of the project ■ Plant operations will remain the same regarding power generation Southport Plant - Project Stormwater Impact: ■ The Southport Plant will add a new 40,000 R.2 fuel storage pad ■ Addition of a truck dumper & Motor Control Center - approximately 1800 ft2 • The Southport Plant is proposing to add a new 1.5 mile new access roadway to the plant site ■ Total NEW impervious surface area is at approximately 1.63 acres ■ New Fuel pad area will be directed to the Plant wastewater basins ( wet detention basins ) which discharge under a NPDES Permit #NC0065099. NPDES permit TSS limits will apply to the treated water discharged from the plant. ■ New Roadway will be designed with adjacent "infiltration - conveyance ditches to manage stormwater. The ditches will connect to the existing stormwater ditch system which conveys water to the Progress Energy Brunswick Cooling Water Canal Page 8 E. Record Keeping_ The operator shall maintain records on each individual blast describing: the total number of holes; pattern\?f holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for1each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. / F. Excessive Ground Vibration/Air I Last Reporting: If ground vibration or Air blast limi s are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Departm t are taken. However, blasting may occur in other approved areas within th permitted boundary. Authorization to blast at the blast site may be granted at & time of the verbal reporting of the high ground vibration or high air blast rea ing if the circumstances justify verbal approval. Failure to report will constitute permit violation. G. Flvrock Prevention: The operator shall take all reasonabl6 precadtions to ensure that flyrock is not thrown beyond areas' where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered,a violation of the Mining Permit. H. Flvrock Reporting_ Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. rther use of explosives on the mine site shall be suspended until the following a tions have been taken: 1. A thorough investigation as to the cause(s) of th incident shall be conducted. / 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Roxboro Plant - Project Stormwater Impact: ■ The Roxboro Plant -will add a new 16,000 ft.2 fuel storage pad ■ Addition of a truck dumper & Motor Control Center - approximately 1800 ft2 ■ The Roxboro Plant is proposing to add a ,112 mile new access roadway on the plant site ■ Total NEW impervious surface area is at approximately 2.1 acres • New Fuel pad area will be directed to the Plant wastewater basins ( wet detention basins ) which discharge under a NPDES Permit #NC0065085 ■ New Roadway will be designed with culverts for stormwater runoff to the existing on -site drainage system ■ The Army Corp of Engineers ( Mr. Eric Alsmeyer ) is providing a 401 and 404 determination for this stormwater conveyance. Southport Stormwater Permits: ■ Southport submitted a stormwater renewal application in October of 2006 to renew its SW Permit #NCS000348 ■ Permit #NCS000348 is expired and Southport is operating under its permit shield ■ Southport is located in a MS4 Coastal region ■ With the Project disturbance of>1 acre - Southport is required to submit for a "Costal" Stormwater Permit ■ As part of the Coastal Stormwater Permit Application, a Erosion and Sedimentation Plan is being developed for submittal with the SW Permit application ■ Our schedule is to submit the Southport E&S and SW applications by January 23rd Roxboro Stormwater Permit: ■ Roxboro submitted a stormwater renewal application in October of 2006 to renew its SW Permit #NCS000347 ■ Permit #NCS000347 is expired and Roxboro also is operating under its permit shield ■ As Roxboro is NOT in a coastal region - it will not be submitting a new stormwater permit application ■ As the Project will be disturbing >1 acre, a Erosion & Sedimentation Plant will be submitted for Roxboro ■ Roxboro will adjust it Stormwater Management Plan to reflect the plant changes ■ Our schedule is to submit the Roxboro E&S application by January 23rd Jim James C. Moore Corporate Director EHS, EPCOR USA 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax:630-371-0673 Email: jmoore@epcorusa.com -----Original Message ----- From: Moore, James Sent: Monday, December 01, 2008 3:12 PM To: Brian Lowther Subject: RE: Stormwater Permit Renewal Information Brian: Thanks for your email. I will provide you an update of our project by Thursday this week if that is acceptable to you. I will assume that you are in agreement with this timeframe unless I hear differently from you. Jim Page 9 I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the productionlasting program. J. Notice: The operator shall, when requested by the D partment, give 24-hour advance notice to the Land�Quality Section Regional ffice prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting large boulders laced end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock a d the toe of any overburden cut slope constructed after November 19, 1997. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the/ope ratio n\fro m the public. Additional screening methods, such as constructing earthen\berms, shall be employed as deemed appropriate by the Department. B. In addition to grasses,,long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of t otherwise change any part of the mining, reclamation, o contained in the a}' roved application for a mining perm it. Approval to implement such changes must be obtain on -site implementation of the revisions. desire to delete, modify or erosion/sediment control plan and any approved revisions to d from the Department prior to _ W y James C. Moore Corporate Director EHS, EPCOR USA 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@epcorusa.com -----Original Message ----- From: Brian Lowther (mailto:Brian.Lowther@ncmail.net] Sent: Monday, December 01, 2008 8:25 AM To: Moore, James Subject: Stormwater Permit Renewal Information Jim, As we talked about during our phone conversation send me an update of the changes occurring at the Sites (NCS00348 and NCS000347). Any information helpful in the renewal process. I currently have correspondence from April 08 that describes some changes. Thanks. Brian Brian C. Lowther this morning, could you Southport and Roxboro on the changes will be some email of the proposed Environmental Engineer NCDENR ; DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6368 Email: brian.lowther@ncmail,net <mailto:brian.lowther@ncmail.net> Website: http://h2o.enr.state.nc.us/su/stormwater.html APlease consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. 3- Page 10 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area/he C. For the purposes f this i ion of Land Resources considers the following materials tole ' (in addition to those specifically listed under G.S. 74-49 (14} ofing Act of 1971): 1. on -site generateddebris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced a 6. drill steel D. If mining refuse is to)Ye permanently disposed within the mining permit boundary, the follo� ng information mu be provided to and approved by the Division of Land Resources rior to comriencement of such disposal: 1. the approximate boundaries and size f the refuse disposal area; 2. a list of 'refuse items to be disposed; 3. verification that a minimum of 4 feet of c ver will be provided over the refuse; 4. verification that the refuse will be disposed t feast 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative grou dcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. h ,. Example Permit language for Alternative to Tier 2: As an alternative to Tier 2 monthly monitoring prompted by three (3) consecutive exceedences of copper (Cu), mercury (1-1g), or zinc (Ln) benchmarks, the permittee may continue quarterly monitoring, AND either: A. Submit to the Division, along with a summary of monitoring results to date, a strategy plan to evaluate whether discharge concentrations are significantly higher than background levels. That strategy plan may include, but is not necessarily limited to, any or all of the following: 1) Up- and downstream sampling; 2) Stormwater run-on sampling; 3) Evaluation of wind patterns and/or other meteorological data to characterize the risk of regional background influence on concentrations in stormwater discharges; 4) Evaluation of National Atmospheric Deposition Program Mercury Deposition Network (MDN) weekly data; 5) Sampling individual drainage areas to identify and isolate the largest pollutant contribution areas; 6) Proposal for an alternative monitoring scheme to better characterize stormwater discharges from the site and quantify site contribution in relation to background. The background evaluation strategy plan shall outline an implementation schedule that concludes no later than two (2) years from the date of submittal. At the conclusion of that schedule, the permittee shall provide to the Division either: 1) A defensible demonstration that concentrations above the benchmark are attributable to outside influences and/or elevated background concentrations of these metals and a formal request for approval to maintain quarterly monitoring in the event Cu, 1-Ig, or %n benchmark concentrations are exceeded in the future; or 2) The conclusion that elevated concentrations are attributable to industrial activities at the plant and what structural and/or source reduction BMPs shall be implemented in response. The information shall include which BMPs were chosen and why, and timelines for submitting construction plans to DWQ, constructing, and/or implementing those BMPs. If results are inconclusive at the end of the two-year period, the permittee shall either: 1.) institute monthly monitoring for the remainder of the permit, or 2) maintain a quarterly monitoring schedule for the remainder of the permit (unless other parameters trigger Tier 2') and immediately implement option B below. B. Submit to the Division, along with a summary of monitoring results to data, a strategy plan to identify the largest contributing areas of the plant site and implement structural BMPs to address copper, mercury, and/or zinc concentrations in stormwater runoff discharges. BMPs shall include structures such as bioretention cells or other engineered BMPs that have demonstrated effectiveness in reducing such metal concentrations in stormwater. The permittee shall provide a schedule for submitting construction plans to the Division for review, as well as a plan to monitor and evaluate the effectiveness of the BMPs once installed. Note: The above alternatives to Tier 2 response actions for these parameters to not negate responsibilities of the permittee or potential actions of DWQ in response to any four exceedences of a benchmark for any parameter during the term of this permit. 4 pv% Pr�rrtary Energy® October 30, 2006 Mr. Mike Randall I A o State of North Carolina Department of Environment and Natural Resourse >i Division of Water Quality C== Stormwater and General Permits Unit 1617 Mail Service Center' {Ul Raleigh, NC 27699-1617 Re: Primary Energy of North Carolina, LLC Roxboro Plant — Person County Stormwater Permit No. NCS000347 — Expiration 4/30/2007 Renewal Application Submittal Dear Randall: Attached is the Stormwater Permit Renewal Application and accompanying documentation required for the Roxboro Plant. 2000 York Road Suite 129 Oak Brook, IL 60523 Phone (630) 371-0505 Fax (630) 371-0673 www.primaryenergy.com For your records, the Roxboro Plant was purchased by Primary Energy in July 2005 from Cogenrtix of North Carolina. The plant is owned and operated by Primary Energy of North Carolina LLC. Address and contact information is provided on the renewal application form attached. The attached renewal application package contains the following information: 1. Renewal Application Form (three copies - one original signature and two copies) 2. A Site Map 3. Summary of Analytical Monitoring Results 4. Summary of Visual Monitoring Results 5. Summary of Best Management Practices 6. Significant Changes — a short narrative Per NCDENR Stormwater contacts, there is no renewal application fee required. Please contact either myself, Mr. Ed Kell ( 336-597-4798 ), or Mr. James Moore ( 630- 413-5408 ) if you have any questons or comments regarding this application. Sincerely, Ruf in hackelford / Roxboro Plant Manager Office: 336-597-4798 Attachments — per list described above N. C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: PRIMARY ENERGY - ROXBORO FACILITY Permit Number: NCS000347 Location Address: 331 ALLIE CLAY ROAD ROXBORO, NC 27573 County: PERSON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, tme, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature Date 10//23/06 ] RUFFI SHACKELFORD SITE MANAGER Print or type name of person signing above Title SPPP Cerlilicalion 2199 �opwnrFgv PERMIT COVERAGE s RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS00034'r Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000347 The following is the information currently in our database for your facility. Please review this information carefblly and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: PRIMARY ENERGY OF NORTH CAROLINA LLC - ROXBORO FACILITY Owner Contact: J Ruffin Shackelford Mailing Address: P O Box 1153 Roxboro, NC 27573 Phone Number: (336) 597-4798 Fax Number: (336) 599-0717 E-mail address: rshackelford@primaryenergy.com FACILITY INFORMATION Facility Name: PRIMARY ENERGY - ROXBORO FACILITY Facility Contact: Facility Address: Phone Number: Fax Number: E-mail address: PERMIT INFORMATION Permitcontact: Mailing Address: Phone Number: Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Class: Basin: Sub -Basin #: Number of outfalis: CERTIFICATION J Ruffin Shackelford 331 Allie Clay Road Roxboro, NC 27573 (336) 597-4798 (336)599-0717 rshackel ford(a@primaryenergy.com J Ruffin Shackelford PO BOX 1153 Roxboro- NC 27573 (116)457-4798 (336.)5529-0717 rshackelfordaprimacycaacgy cam Un-Named Creek to Mitchell Creek Class C 1 (One Outfall) I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such info tion is true, complete and accurate. Signature Date 10/23/06 J Ru 1 Shackelford Site Manager Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Mr. Mike Randall Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 °FwArE�9 PERMIT COVERAGE RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS00034'r Stormwater Discharge Permit THIS APPLICATION MUST HE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000347 The following is the information currently in our database for your facility. Please review this information carefblly and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: PRIMARY ENERGY OF NORTH CAROLINA LLC - ROXBORO FACILITY Owner Contact: J Ruffin Shackelford Mailing Address: P O Box 1153 Roxboro, NC 27573 Phone Number: (336) 597-4798 Fax Number: (336) 599-0717 E-mail address: rshackelford@primaryenergy.com FACILITY INFORMATION Facility Name: PRIMARY ENERGY - ROXBORO FACILITY Facility Contact: Facility Address: Phone Number: Fax Number: E-mail address: PERMIT INFORMATION Permitcontact: Mailing Address: Phone Number: Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Class: Basin - Sub -Basin #: Number of outfalls: CERTIFICATION J Ruffin Shackelford 331 Allie Clay Road Roxboro, NC 27573 (336) 597-4798 (336) 599-0717 rshackelford@primaryenergy.com J Ruffin Shackelford PO BOX 1153 Roxboro_ NC 27573 (3.36) 4i7-4799 (336.) 599-0717 Un-Named Creek to Mitchell Creek Class C RnnnnkP River Racin 1 (One Outfall) I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such info tion is true, complete and accurate. Signature Date 10/23/06 J Rullo Shackelford Site Manager Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attu: Mr. Mike Randall Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 oo Roxboro Stormwater Permit NNCS000347 Best Management Practices Summary Table 8.1 below summarizes the BMPs used at the Roxboro Plant. Potentially, exposed materials at the plant include coal, petroleum products stored in existing ASTs, water treatment chemicals, and ash. Coal for the boiler plant is stored outside in the coal pile and coal pile runoff'is trea ed in the low volume wastewater system prior to discharge (i.e., it is not drained to the stormwater system). Coal is brought in by rail and unloaded daily through the coal chute and transported via conveyor belt to the coal pile. The risk of coal dust entering the storm water via fugitive dust is minimized by using coal unloading BMPs. Additionally, because the area drainage adjacent to the rail bed is through vegetative buffers, the quantity of coal reaching the receiving water is minimal. Water is sprayed onto the coal as it is unloaded from the rail cars in one of the.coal,� unlo d nia g BMPs. Also, coal dust from the edges of the chute where coal is deposited is swept up daily after unloading operations. These BMPs, coupled with the comparatively limited surface area draining to the stormwater system in the western plant site, minimize fugitive dust transport. The risk of the petroleum products entering the storm system is low due to the use of secondary containment that conforms to 40 CFR I L8(c)(2) and non-structural controls (e.g., routing inspections) to prevent spills. Used oil is stored in two 300-gallon aboveground storage tanks (AST) located at the Oil Storage Area. The used oil recycling vendor removes the used oil as needed. Diesel is stored in a 300-galian AST inside the Pump House and diesel, gasoline, and kerosene are each stored in 300-gallan AST's located Oil Storage Area. There is a dedicated unloading bay at the Oil Storage Area and temporary secondary containment is used at the Pump House during transfer operations. The several chemical storage units in the Demineralizer Building are all equipped with secondary containment and any spills arc routed to the Neutralization Tank and then the Wastewater Basin for treatment. A spill kit is located inside the water treatment building. There is a dedicated unloading bay at the Demineralizer Building. The Cooling Tower Chemical Building also has chemical storage areas with secondary containment. The risk of ash or ash residue entering the storm system is low due to the use of non- structural controls (i.e. use of an ash pug -mill to wet the ash, an ash curtain and periodic swceping/cleaning of the area). These methods minimize fugitive dust due to the ash loading. When the ash loading is complete, the ash loading area floor is manually sweepedlcleaned the tracking of ash residue. Primary Energy - ROXBORO Facility Primary Energy - ROXBORO Facility VfS~UAL MQNI ®�R['N� SUM111W RE S U LTS�$ATIS FACTO RY1(IN? OUTFA�L DATE CQLOR ODOR CLARITY IFLUATI SOLIDS SOLIDS FOAM :OIL SHi=EN' OTHER IND1MpRS'M SiTLORMWATE.R LL.U�TION ACCEPTMBLIE7 ACCEPTABLE? A_C_CEPTABLE7 ACCEPTABL@? AM-EPTABL.E7 ACCEPTASiEP WAMEP—Mo E7 A'CCERTA6LE? 001 5/20/02 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 10/2/02 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 4/29/03 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 1016/03 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 3/15/04 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 9/22/04 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 5/20/05 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION 001 1014/05 Y Y Y Y Y Y Y NO INDICATION OF POLLUTIION Integrated SPCC/SPPP Primary Energy of North Carolina, Roxboro Facility Table 8-I- Inventory of Materials Exposed to Precipitation ! ,, �:, n ; 1 �A li:;J� � E F i t f p I,,a ; 1 7i. MafenaIsManagement Practice Location Exposed.Matenal (Amount)_ and Control`Measure's Stormwater Treatment DA1 — Underneath coal Coal (de minimus) 1 Good housekeeping BMPs for None. conveyor i rail car unloading. DA1 —Ash Silos and ash Fly ash (indeterminate) Good housekeeping BMPs. None. handling area DA1 — Diesel fuel Diesel fuel (up to 2,000-gal) Temporary secondary None. unloading operations (at containment and Unloading Pump House) Procedures listed in Section 6.8. DA1 —Transformer Transformer oil (9,750-gal Gravity discharge to Oil Trap Pit None. Yard and 1,090-gal capacity) (in DA3). DA2 —Coal Pile Coal (>1,000 tons) Discharge to Wastewater Basin. None. DA2 — Wastewater Ferric chloride (2 at 165-gal) Discharge to Wastewater Basin. None. Treatment Building DA2 — Laydown Area Iron/steel equipment and Discharge to Wastewater Basin. None. (southern portion) wood packing materials (quantity varies) DA3 — Demineralizer None. None. None. Building DA3 — Materials None. Containment with direct None. Transfer Bay (at drainage to Wastewater Basin. Demineralizer Building) DA3 — Electric Fire Transformer oil (125-gal Conforming secondary None. Pump Transformer capacity) containment. DA3 — Oil Storage Area Used oil, kerosene, gasoline, Conforming secondary None. and diesel fuel (each at 300- containment. gal) DA3 — Oil Trap Pit Typically none (13,125-gal See Section 3.2 for None. capacity) recommended modifications. DA3 — Rail spur Coal (de minimus) Good housekeeping BMPs. None. DA4 — Cooling Tower Proprietary chemicals (1,000- See Section 3.2 for None. Chemical Building gal) recommended modifications. DA4 — Laydown Area Iron/steel equipment and None. None. wood packing materials (quantity varies) DA4 —Rail spur Coal (de minimus) Good housekeeping BMPs. None. DA4 — near Coal Coal (de minimus) Good housekeeping BMPs for Overland flow Conveyor I I area beneath conveyor 46 PxurT DATE: March 11, 2005 Roxboro Stormwater Permit #NCS000347 Summary of Significant Changes in Industrial Activities In 2004, the Primary Energy of North Carolina — Roxboro Facility added unadulterated wood as an alternative fuel. The wood is stored in a dedicated storage bin which directs rain runoff to the waste treatment basin via a vee ditch. Transfer of the wood chips to the fuel blending area occurs within the coal yard storage area which is drained to the plant WWTP preventing any stormwater contamination from the transfer process. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 COGENTRIX ENERGY INC-ROXBORO ATTN-. GARY HICKEY, OR SUCCESSOR PO BOX 1153 ROXBORO, NC 27573 Subject: NPDES Stormwater Permit Renewal Cogentrix Energy Inc -Roxboro Permit Number NCS000347 Person County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000347. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2007. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS..143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Wrmwater-Permitting Unt'tties Raleigh Regional Office I���° Caro �vatYrra�ry North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterauali!Y.org Location, 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 501% Recycled110% Post Consumer Paper A [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... CID 7 Subject: (Fwd: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request] From: Bradley Bennett <Bradley.Bennett@ncmail.net> Date: Mon, 07 Apr 2008 09:14:25 -0400 To: Ken Pickle <ken.pickle@ncmaii.net>, Bethany Georgoulias<bcthany.georgoulias@ncmail.net> Can you guys take a look at this and see how you think we need to respond. Thanks W. ------- Original Message-------- Subject:Re: NC Emissions Control. Project - Stormwater Permit - NCDENR Input Request Date:Mon, 07 Apr 2008 08:54:54 -0400 From:Aisha Lau <Aisha.Lau rgnemai].net> To:Moore, James <imoore cr,epcorusa.com>, Bradley Bennett <Bradle .Bennett nemail.net> CC:Thorley, Tom <tthorleynepcorusa.com>, Linda Willis <Linda,WiIli s a,ncmail.net> References: <460BA I A9.4090809a,ncmail.net> <460BA760.3030204nncmai1.n_et> <9C9AA2993E9F8D4D9A38A8BEIBE2BF6COF-L290D5 c�r1peemail.primaryenergy.local> <1974111778866A458A4256DBF3653E0303475E26 a peemail.primaryenergy.local> Hello Jim, Since I'm no longer working with the central office's stormwater permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to you. Take care, Aisha Moore, James wrote: Aisha Re: EPCOR USA - North Carolina Plants - Future Changes - Permit Issue.input Request I wanted to inform you of changes we are planning to.the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations( CAI ). The project changes are under design finalization for installation completion by early 2009. Your review of the proposed changes as discussed below would be appreciated. If you or an appropriate person could please advise us of what actions you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information f 4 4/7/2008 9:27 AM [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, both are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following: Installation of a SNCR ( selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNCR system will include 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact Installation of an Adsorbent Iniection System ( sodium carbonate ) for SO2 control The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewater system and stormwater contact Installation of Fuel Processing E ui ment - grinders and additional conveyors The fuel grinder will handle off -spec wood The additional conveyors will transport additional alternative fuels ( tire derived fuel and wood ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system Summary of Impact Assessment of the above future changes to Stormwater Management: The SNCR ammonia system will be designed to isolate the NH3 from any release that could be exposed to rainwater resulting in contaminated run-off The SO2 adsorbent system will be designed as a closed.system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to'discharge via the NPDES permitted outfalls The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site I look forward to your input on these changes regarding application and permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: imoore(a�primaNenergV.com From: Moore, James Sent: Thursday, March 29, 2007 7:11 AM To: Aisha Lau Cc: Shackelford, Ruffin; Ennen, Don; Hall, Mark; Reick, Amy Subject: RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau 2 of 4 4/7/2008 4:f ! [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau u,ncmail.net Aisha: Subject: Roxboro - Stormwater Permit NCS000347 - Renewal Update Thank you for your reply. We appreciate your efforts to renew our Roxboro stormwater permit. Please do not hesitate to call or email should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office:. 630-413-5408 Mobile: 630-981-1355 Fax:630-371-0673 Email: _imoorenprimaryenergy.com -----Original Message ----- From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Thursday, March 29, 2007 6:48 AM To: Moore, James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Make Randall forwarded your information request to my attention for response. A check of our database showed that your renewal package was received by my section on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. In the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit f 4 4/7/2008 9:27 AM [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead P Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. 4 of 4 North Carolina Emissions Control Project - Site Modifications - Impac... NC S 00 0 3 4 7 Subject: North Carolina Emissions Control Project - Site Modifications - Impact to Stormwater Permits From: "Moore, James" <jmoore@epcorusa.com> Date: Wed, 9 Apr 2008 15:01:42 -0500 To: "Ken Pickle" <ken.pickle@ncmail.net> Ken: Re: North Carolina Emissions Control Project - Site Modifications - Impact to Stormwater Permits Thank you for your council today regarding our Southport and Roxboro Plants future changes and the impact these changes will have to our Southport and Roxboro plants Stormwater Permits. As we discussed, relative to the Stormwater Permits ( renewal applications submitted in late 2006.- renewed permits not yet issued ) and the proposed changes we are planning to begin and carry through to 2009 - there is no ATC ( authorization to construct ) which you require associated with the plant's Stormwater permits. Per our conversation, you indicated that ammonia monitoring would likely be incorporated as a requirement of our SW Permit required stormwater run-off analysis based on our addition of the Selective Non -Catalytic Reduction (SNCR) system use of aqueous ammonia (19% strength). As we discuss the ammonia monitoring could be eliminated once sampling data sufficiently demonstrated no ammonia in plant stormwater discharge. Regarding your question of wood fuel: § Wood is generally fresh cut and has not been stored for any appreciable time by suppliers. § Wood contains virtually no grass, leaves, or other flora that would readily decompose. The wood does not have any rotting odor or appearance. The wood chips have a pleasant, fresh -cut wood smell and a new wood appearance. § Since the wood fuel is cut from freshly cut trees from standing forests, there is very little chance for surface contamination. Simply stated, the wood goes from standing trees to fuel chips in a matter of hours. Nearly all of the fuel chips surface is fresh cut and has not been exposed to any source of contamination § Fuel Chip Specifications: - Shall be from unadulterated wood only. For purposes of this agreement, "Unadulterated Wood" means wood that is not painted, varnished, oiled, waxed, or otherwise coated or treated with any chemical. Plywood, OSB and resinated wood are NOT unadulterated wood. Shall be approximately 1 % " x'/4" clean-cut chips Shall contain a minimum amount of non -chipped material including sticks, branches, bark, leaves, pine straw, sawdust, ground or shredded wood fibers, soil, sand, and non -wood debris. Shall be free of stones, metal, and other foreign material, combustible or non-combustible . Regarding your question of fuel storage on -site: § Wood storage on -site will be approximately I weeks supply - hence the longest duration expected for wood to remain on site would be most likely 1-week and possibly up to 2 weeks based on fuel rotation § Based on the wood fuel specs and turn -over, contaminants and wood rotting affecting run-off is not expected § The wood and TDF storage yards will consist of cement base pads with perimeter curbing and walls § The fuel yard pads will have 1 or more sumps to collect run-off § The sumps will pump accumulated run-off to the plant wastewater treatment system which discharges through a NPDES permitted Outfall for each plant As we discussed, this information will be consulted by your team once you begin renewal of our Southport and Roxboro Stormwater Permits. We will be happy to address any further requests you have for information as you move forward in your permitting process. 1 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@primaryenergy.com -----Original Message ----- From: Ken Pickle [mailto:ken.pickle@ncmail.net] Sent: Wednesday, April 09, 2008 8:12 AM To: Moore, James Cc: aisha Lau; Bethany Georgoulias; Bradley Bennett Subject: Roxboro and Southport site modifications Mr. Moore, Aisha Lau in the DWQ Wilmington office has forwarded your information and questions to us in the Stormwater Permitting Unit. We're happy to provide responses on the following three points with respect to your stormwater permits at these two sites. a) At each site you already have a Stormwater Pollution Prevention Plan. Your obligation is to update each SPPP to reflect any significant changes at the site that may affect stormwater runoff or the potential for exposure of materials or processes to incident rainfall or stormwater runoff. b) While the expired permit is in review (and as Aisha reports, we have a substantial backlog), please continue to abide by the provisions of the permit. c) As to the new site activities and materials resulting from the addition of ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect our revision/renewal of your permit based only on your email description of the changes. At the time that we actively begin to process your renewals, staff from our office will evaluate those changes in the context of the active review process. Very generally, we will want to know what materials are now on site, and are they exposed, or is there the potential for exposure, to rainfall or runoff. Once we know what's on site, our reviewer will evaluate the need to include those materials, or surrogates, in the monitoring requirements contained in the renewed permit. I'll be happy to speak with you on these points, or others, related to our stormwater permits at these two facilities. Ken Pickle DWQ Stormwater Permitting Unit (919) 733-5083 x 584 p Please consider the environment before printing this e-mail 2 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... i:..a . NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. Subject: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request From: "Aisha Lau" <Aisha.Lau@ncmai[.net> Date: Mon, 7 Apr 2008 07:54:54 -0500 To: "Moore, James" <jmoore@epcorusa.com>, "Bradley Bennett" <Bradley.Bennett@ncmail.net> CC: "Thorley, Tom" <tthorley@epcorusa.com>, "Linda Willis" <Linda.Wiliis@ncmail.net> Hello Jim, Since I'm no longer working with the central office's stormwatcr permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to you. Fake care, Aisha Moore, James wrote: r_IMArl Re: EPCOR USA - North Carolina Plants - Future Changes - Permit Issue Input Request l wanted to inform you of changes we are planning to the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations( CAI ). The project changes are under design finalization for installation completion by early 2009. Your review of the proposed changes as discussed below would be appreciated. If you or an appropriate person could please advise us of what actions you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, both are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following; Installation of a SNCR ( selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNCR system will include 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact Installation of an Adsorbent Injection System ( sodium carbonate ) for S02 control 3 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewater system and stormwater contact Installation of Fuel Processing Equipment - grinders and additional conveyors The fuel grinder will handle off -spec wood The additional conveyors will transport additional alternative fuels ( tire derived fuel and wood ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system Summary of Impact Assessment of the above future changes to Stormwater Management: - The SNCR ammonia system will be designed to isolate the NH3 from any release that could be exposed to rainwater resulting in contaminated run-off - The S02 adsorbent system will be designed as a closed system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off - All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to discharge via the NPDES permitted outfalls - The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site I look forward to your input on these changes regarding application and permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: I moore@pri maryener9y. com From: Moore, James Sent: Thursday, March 29, 2007 7:11 AM To: Aisha Lau Cc: Shackelford, Ruffin; Ennen, Don; Hall, Mark; Reick, Amy Subject: RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.launncmaiLnet Aisha: Subject: Roxboro - Stormwater Permit NCS000347 - Renewal Update 4 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... Ij 1, %,. Thank you for your reply. We appreciate your efforts to renew our Roxboro Stormwater permit. Please do not hesitate to call or email should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore cDprimaryenergy.com -----Original Message ----- From: Aisha Lau [niailto:aisha.lau@ncmail.net] Sent: Thursday, March 29, 2007 6:48 AM To: Moore,'James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Mike Randall forwarded your information request to my attention for response. A check of our database showed that your renewal package was received by. my section on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. In the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.st-ate.nl~.us/su/st-ormwater.html Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead 5 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... ,: P P Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some of all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request.em - - -- Content -Type: message/rfc822 Content -Encoding: 7bit 6 of 6 4/14/2008 1 1:51 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... Subject: [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request]] From: Bethany Georgoulias <Bethany.Georgoulias@ncmail.net> Date: Wed, 09 Apr 2008 08:54:43 -0400 To: Kelly Johnson <Kelly. P.Johnson@ncmail. net>, Ken Pickle <ken.pickle@ncmail.net> CC: Bradley Bennett <Bradley.Bennett@ncmail.net> Okay, thanks for sending a response, Ken. I don't have anything to add, except maybe to advise Mr. Moore to consider what additional stormwater contaminants these changes have prompted and be prepared to work with the reviewer on how to address them in the permit. Kelly, could you add a copy of Ken's input to these individual permit renewal files I think I already gave you the info. that Mr. Moore sent for each of these files Thanks! 3�� BG -------- Original Message -------- Subject: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perrrit - NCDENR Input Request] Date: Wed, 09 Apr 2008 08:47:11 -0400 From: Ken Pickle <ken.pickle@ncmail.net> To: Bethany Georgoulias <Bethany.Georgoulias@ncmail.net> CC: Bradley Bennett <Bradley.Bennett@ncmail.net> References: <47FA1E31.60703@ncmail.net> <47FA2125.1090903@ncmail.net> BG, I concur that placing the info in the review file is the appropriate action now. Mr. Moore asks for a response on the plant additions planned, but we really can't give him any substantive response based on his email description of the changes. Any meaningful response from us must be in the context of the full review, not in the context of an email description. So, when we do pick up the file, that's the time for the reviewer to see if these changes might affect the sw permit. New materials on site appear to be: ammonia for N0x absorbtion (possibly stored in the form of aqueous ammonia, a 29% supersaturated pressurized liquid; or in the form of just the gas NH3 in pressurized tanks) and I wonder if the NOx absorbtion will result in a HNO3 byproduct or conversion of the gaseous NOx into a deposited solid that might be transported to the receiving water; Na(CO3)2 for S02 absorbtion - first guess is that this is an innocuous material, although whether there is a resulting H2SO4 product from the reaction is beyond my knowledge; addition of a grinder makes me wonder if there will be piles of wood chips or sawdust that might argue for TSS or COD monitoring to detect wood waste leachate. But, again, at this point we can't really give Mr. Moore a substantive response on whether these materials will affect his stormwater permit. Further, I concur that he does have an obligation to update the SPPP, and which obligation is identified in his current permit. I'll send Mr. Moore an email, on these two points: He must update the SPPP, and we're not prepared without full review to suggest how/if the additional industrial activities may affect the requirements of the renewed permit. Additional thoughts? Ken Bethany Georgoulias wrote: 1 of 6 4/9/2008 10:58 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... Bradley, I think this is information the permit engineer needs for the renewal permits, but I'm not sure there's any other action that's necessary right now. I'll make sure these get into the files in Kelly's cabinet (these haven't been assigned yet). As long as the existing SPPP is updated to reflect the changes in the meantime, I don't think the company needs to do anything else. Ken, thoughts? -BG Bradley Bennett wrote: Can you guys take a look at this and see how you think we need to respond. Thanks BB ------ Original Message ------_-- Subject: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request Date: Mon, 07 Apr 2008 08:54:54 -0400 From: Aisha Lau <Aisha.Lau@ncmail.net> To: Moore, James <jmoore@epcorusa.com>, Bradley Bennett <Bradley.Bennett@ncmail.net> CC: Thorley, Tom <tthorley@epcorusa..com>, Linda Willis <Linda.Willis@ncmail.net> References: <460BA1A9.4090809@ncmail.net> <460BA760.3030204@ncmail.net> <9C99AA_2993E9F8D4D9A38A8BE1BE2BF6C0EE290D5@peemail.pKimaryenergy.local> <1974111778866A458A4256DBF3653E0303475E26@peemail.primaryenergy.local> Hello Jim, Since I'm no longer working with the central office's stormwater permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to you. Take care, Aisha Moore, James wrote: Aisha: *Re: **EPCOR USA - North Carolina Plants - Future Changes - Permit Issue Input Request* I wanted to inform you of changes we are planning to the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations ( CAIR ). The project changes are under design finalization for installation completion by early 2009. Your review of the proposed changes as discussed below would be appreciated. If you or an appropriate person could please advise us of what actions you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2 of 6 4/9/2008 10'58 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stor►nwater Perm... ,-►- - 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, bdth are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam -at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following: - *_Installation of a SNCR* { selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNCR system will include 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact - *_Installation of an Adsorbent Injection System* { sodium carbonate ) for S02-control The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewater system and stormwater contact *_Installation of Fuel Processing Equipment_* - grinders and additional conveyors The fuel grinder will handle off -spec wood The additional conveyors will transport additional alternative fuels { tire derived fuel and wood ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system *Summary of Impact Assessment of the above future changes to Stormwater Management:* - The SNCR ammonia system will be designed to isolate the NH3.from any release that could be exposed to rainwater resulting in contaminated run-off r The S02 adsorbent system will be designed as a closed system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off - All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to discharge via the NPDES permitted outfalls - The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site I look forward to your input on these changes regarding application and 3 of 6 1 4/4/2008 10:58 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL-60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@]2rimaryenergy.com <mailto:jmoore@primaryenergy.com> ------------------------------------------------------------------------ *From:* Moore, James *Sent:* Thursday, March 29, 2007 7:11 AM *To:* Aisha Lau *Cc:* Shackelford, Ruffin; Ennen, Don; Hall, Mark; Reick, Amy *Subject:* RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Aisha: *Subjects Roxboro - Stormwater Permit NCS000347 - Renewal Update* Thank you for your reply. we appreciate your efforts to renew our Roxboro stormwater permit. Please do not hesitate to call or email should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 4 of 6 4/9/2008 10:58 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... f'- Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@primaryenergy.com -----original Message ----- From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Thursday, March 29, 2007 6:48 AM To: Moore, James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Mike Randall forwarded your information request to my attention for response. A check of our database showed that your renewal package was received by my section,on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. in the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead 5 of 6 4/9/2008 10:58 AM [Fwd: Re: (Fwd: Re: NC Emissions Control Project - Stormwater Perm... P Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 733-5083, ext. 529 fax (919) 733-9612 6 of 6 4/9/2008 10:58 AM [Fwd: Roxboro and Southport site modifications] Subject: [Fwd: Roxboro and Southport site modifications] From: Bethany Georgoulias <Bethany.Georgoulias@ncmail.net> Date: Wed, 09 Apr 2008 09:13:35 -0400 IVA To: Kelly Johnson <Kelly.P.Johnson@ncmail.net> Probably want to add this to those permit filesc-(;NGS0Q..O_3 :8z5�3;4,9-)::7as well. Thanks! -------- original Message --------- Subject: Roxboro and Southport site modifications Date: Wed, 09 Apr 2008 09:12:19 -0400 From: Ken Pickle <ken.pickle@ncmail.net> To: jmoore@primaryenergy.com CC: aisha Lau <aisha.lau@ncmail.net>, Bethany Georgoulias <bethany.georgoulias@ncmail.net>, Bradley Bennett <Bradley.Bennett@ncmail.net> Mr. Moore, Aisha Lau in the DWQ Wilmington office has forwarded your information and questions to us in the Stormwater Permitting Unit. We're happy to provide responses on the following three points with respect to your stormwater permits at these two sites. a) At each site you already have a Stormwater Pollution Prevention Plan. Your obligation is to update each SPPP to reflect any significant changes at the site that may affect Stormwater runoff or the potential for exposure of materials or processes to incident rainfall or stormwater runoff. b) While the expired permit is in review (and as Aisha reports, we have a substantial backlog), please continue to abide by the provisions of the permit. c) As to the new site activities and materials resulting from the addition of ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect our revision/renewal of your permit based only on your email description of the changes. At the time that we actively begin to process your renewals, staff from our office will evaluate those changes in the context of the active review process. Very generally, we will want to know what materials are now on site, and are they exposed, or is there the pote— al or exposure, to rainfall o"" r runoff. Once a know what's on site, our reviewer will evaluate the need to include those materials, or surrogates, in the monitoring requirements contained in the renewed permit. I'll be happy to speak with you on these points, or others, related to our stormwater permits at these two facilities. Ken Pickle DWQ Stormwater Permitting Unit (919) 733-5083 x 584 Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 733-5083, ext. 529 fax (919) 733-9612 1 of 1 4/9/2008 10:58 AM Staff Review and Evaluation NPDES Stormwater Permit Contact: Antonio Evans Facility Name: Cogentrix of North Carolina, Inc.. NPDES No.: NCS000347 Facility Location: Cogentrix of North Carolina, Inc. 126 Allie Clay Road Roxboro, NC Person County Tyne of Activity-: SIC 4911, Electric Services Receiving Stream Name_ and Classification: Mitchell Creek, Class C Proposed Permit Requirements: See attached draft permit 1 Compliance Schedule: See Part I, Section B of attached draft permit Basis for Monitoring Requirements: Six cogentrix facilities submitted applications and four submitted data. Sometimes data was subimitted for only one of several outfalls at these facilities. Since all outfalls are not represented in the data, monitoring parameters are based on data exceeding benchmarks at one or more facilities and whether the source of the parameter exceeding the benchmark was common at this facility. Monitoring parameters are: COD (147 ppm and below detection at this facility), TSS (ranged from 119 ppm to 325 ppm at 3 facilities and 196 ppm max. at this facility), Cyanide (3.32 ppm at one facility and below detection at this facility), and Cadmium (0.104 ppm at one facility and 0.004 ppm max. at this facility). Sources of these pollutants in stormwater runoff were common to all facilities since the facilities were virtually identical in layout and operating procedures. Basis for Other Requirements: NIA (signature) Response Requested Before: gfao/gG (with attachments) ekl(v L9 c� (te) 91,71144 (date) Page 1 of 2 � a�\ V45 (date) Region Water Quality Su ervisor: (signature) (date) Regional Comments: Ti cLJ Page 2 of 2 0 Permit No. NCS000347 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMIN Y TEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Cogentrix of North Carolina, Inc. is hereby authorized to discharge stormwater from a facility located at Cogentrix of North Carolina, Inc 126 Allie Clay Road Roxboro, NC Person County to receiving waters designated as Mitchell Creek, Class C in the Roanoke River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV thereof. This permit shall become effective December 1, 1996. This permit and the authorization to discharge shall expire at midnight on November 30, 2001. Signed this day November 15, 1996. A. Preston Howard, Jr., P.E., Director - Division of Water Quality By the Authority of the Environmental Management Commission • 0 Permit No. NCS000347 PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part 1: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Page 2 - 'u _,1` i - ,, Gam' - / ' � r J� ._,.•�'��= •__ �'_ _ s rs. _ - - -�--=--.'fi.-__ __ r� � n _.._,�_��-:r�•i; 1 '!_�••-'^ r';--____�-ter - •1 1 Golf course 13:E j '.13 �`�-_. �_ , j '•. �—'i CIS p>� �'_. _ .'',-- - - -/. -- •,'%--ut - C� �- , � _ .. � �,• - � ��'-vim ! ._ L--.. -� _ . � .�, • 1 ttoac 590 �.j/ J. _J j �70• - Air o ---� -� ' �,•� t ad ,n' _ , / _ �;� ss 7 / `r` `✓ 7Ve1�1.. r t Dun 14 Ca C '�33 Ong S. Bs � r1 f f� � C _ ark : ; 1 —' • li 'art; tl L - _ 98 Hi a �' •I;. i .032' -- ' - ,�/, •ram - - . FEET } - / 1 . / /• I., „t -` {• .�"i � � County V Sr H• ch �; i , '•� ;mow. m3� .ti+ 576 5 - e' d5 •�• '� lam. t 410 646 4039� I ' - _-_ ` , . • - -r ' _ -Dixon E if' it �, � _ � • e�N I • 9 . Permit No. NCS000347 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES 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 below. 1. Stormwater Pollution Pr ven Wn 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 II, Standard Conditions, Section E.S. of this permit. The Plan shall include, at a minimum, the following items: a. 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: (1) 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. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) 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 II, Standard Conditions, Section B.9. Page 4 0 0 Permit No. NCS000347 b . 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: (1) A study addressing 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 practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. 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. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in 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. d . Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 • Permit No. NCS000347 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f. 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(s) assignments provided. g. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The pennittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. i. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2Minimum Monitodng andRel2orting-AgggLements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality. a. 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. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 0 0 Permit No. NCS000347 with the fast analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. C. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part 11, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part H, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES pem-ut. (2) 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. (3) Discharges resulting from fire -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 7 • • Permit No.. NCS000347 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics Units Measurement FreQuencyl. Sample k2s2 Sample Location3 Total Suspended Solids mg/l grab SDO COD m annual]grab SDO Cyanide m annually Eab SDO Cadmium m annually b SDO Total Rainfal14 inches annuals Event Duration4 minutes annual] Total Flow4 ' MG annual! Footnotes@ 1 Measurement Frequency: Once per calendar year. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut- off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area 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. Page 8 • • Permit No. NCS000347 (2) Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the fast and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. 5tormwater Discharge Characteristics Cut-oTT Uo—nFentmkn Total Suspended Solids <100 me Cyanide — <0.022 m Cadmium <0.005 m Page 9 • I* Permit No. NCS000347 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics F uenc 1 Monitoring Iypg2 Monitoring Locatim3 Color Semi -Annual Visual' SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footllotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 10 ! ! Permit Na. NCS000347 SECTION B: SCHEDULE OF QQMPLIAN 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the fallowing schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 11 I Y COu,yr /EZE,-Msz NUMEER FACUXI'Y: CITY: PER.= NUIYMER COUNTY: Permit Information that Needs to be Incorporated into Future Permit Re-Asions: DATE CONUAEENTS aI 2, _ 336 59 :7 - L44 q9 i Opvan5l Niow f),�2mo zawnpe�sl,.."n r, 4 ncv�l }<<<• "%- pie �AAk~ P+ S,