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HomeMy WebLinkAboutNCS000369_HISTORICAL WITH APPLICATION_20180514—STORMfNATER-DIVI51"ON-CODING-SHEET --- — PERMIT NO. DOCnPE 0 FINAL PERMIT ❑ MONITORING INFO PPLICATION COMPLIANCE ❑ OTHER DOC DATE � %lta YYYYMMDD 1Effen al Fit s' APS _ SWP ' 5/1412018 unit Number CSC 0-0 0-3-6 Permit Tracking Slip Program Category NPDES SW Permit Type Stormwater Discharge, Individual Primary Reviewer bradley.bennett Coastal SWRule Status Project Type Active Renewal Version Permit Classification 3.00 Individual Permit Contact Affiliation Wiliam Ace May Manager Plant Power PO Box 1089 �p�� Fayetteville NC 28302108E Permitted Flow -r 0 r Facility Facility Name MajorlMinor Region Butler/Warner Generation Plant Minor Fayetteville Location Address County 2274 Custer Ave Cumberland Fayetteville NC 28312 Owner Owner Name Fayetteville Public Works Commission RF— EI ED MAY 4 Z018 1'14AL P1L M Facility Contact Affiliation Owner Type Government - Municipal Owner Affiliation Marion J. Noland PO Box 1089 Dates/Events Fayetteville NC 28302108 Scheduled Orlg Issue App Received draft Initiated Issuance Public Notice Issue Effective Expiration 3/15/2000 2/11/2013 3/8/2018 3/19/2018 5/11/2018 5/11/2018 4/30/2023 Regulated Activities Requested /Received Events Stormwater (activities not covered) Region comments on draft requested 3114/18 Region comments on draft received 4/11118 Additional information received 3/12118 Outfal I 001 Waterbody Name Streamindex Number Current Class Subbasin Locks Creek 18-28 C 03-06-15 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY May 11, 2018 Mr. William Ace May Fayetteville Public Works Commission Butler/Warner Generation Plant PO Box 1089 Fayetteville, NC 28302-1089 ROY COOPER Govervor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Final NPDES Stormwater Permit Permit No. NCS000369 Butler/Warner Generation Plant Cumberland County Dear Mr. May: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000369, the Division of Energy, Mineral and Land Resources is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes one change from the draft permit sent to you on March 14, 2018. Our Fayetteville Regional Office staff conducted an inspection at your facility on April 10, 2018. As a result of this inspection regional staff recommended the addition of oil and grease monitoring for your regular analytical monitoring efforts. This recommendation is due to the large capacity for #2 fuel oil storage at your facility and the potential for spills. Non -polar Oil and Grease has been added to the routine monitoring for your facility. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information, If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, then you have the right to file a petition for a contested case with the Office of Administrative Hearings within thirty (30) days following receipt of this letter. This petition must conform to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be filed in a timely manner with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. If you do not file a petition within the required time, the agency decision shall be final and binding. State of North Carolina I Environmental Quality I Energy, Mineral and hand Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T Final Permit — NCS000369 Page 2 Please take notice this permit is not transferable. Part I11, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by this Division, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, please contact Bradley Bennett at (919) 807-6392 or at bradley,bennett@ncdenr.gov. Sincerely, for William E. (Toby) Vinson, Jr., P.E., CPESC, CPM Interim Director cc: Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303, Tim LaBounty, DEMLR Fayetteville Regional Office Stormwater Program DWR Central Files Attachments Permit No. NCS000369 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Fayetteville Public Works Commission is hereby authorized to discharge stormwater from a facility located at Butler/Warner Generation Plant 2274 Custer Avenue Fayetteville, NC Cumberland County to receiving waters designated as UT to Locks Creek a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, Ill, and IV hereof. This permit shall become effective May 11, 2018. This permit and the authorization to discharge shall expire at midnight on April 30, 2023. Signed this day May 11, 2018. for William E, (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS600369 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: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 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 11. Onshore or Offshore Construction 12. Duty to Reapply d Permit No. NCS000369 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS In Permit No. NCSb00369 PART I INTRODUCTION SECTION A. INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N01) 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 recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of 2 SECTION C: LgCATION MAP Permit No. NCS000369 (q.' -r1 Fr'{Y !p rr, s t 17 d EESE 4 tF I- r € f `4iT.. A'— . ��- f4 L F Jt J r '} j! ° �. _ ': �� 1 oo. �! -,!f)# r Pfls, Ile ," rah tvp$�r r e:T€ PrI E f �.•r �a ! P di£e r � t i f =� g Fir VE I 'IFS F :d1. ,3tr ' 4hi, E 1 a. j,. d £ f{ r J S'd/. 'i t Q. Butler/Warner's � ,t �� cif � •, 6 5 �a , _, r� r r#3 lE� Generation Plant �E! � Jf ' j� j sLi f ' ! (N �t .¢ i rtd}F7�1 f E S ,1d/i g (i it # T } 11 r @!j i Y%` !-i r }! i PfiTA; iicw:,iE—{.rA l4 f! 1 '.,� �! r d f i� 1[ @"` li'I`V! �f 1'9NY a *r�4 r e. rk ! ¢F' J �" � )g�re .)�°�� a![t.Fp? £' 7% i f, r .. r tif.n a,r!I fJ i'f CMrd q} "r s`-i� - I :� r t i. t3 a'. 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'{ Ip� J } <£ reap }'• ! :� r �;,. r ; ¢ P! tE. < 3 r d �'t o gd E pap I "E t.�A{ J!� ; �p F Latitude: 35' 05' 63" N Longitude: 78' 50' 41.5" W County: Cumberland Stream Class: C Receiving Stream: UT to Locks Creek Sub -basin: 03-06-15 (Cape Pear River Basin) NCS000369 Fayetteville Public Works Commission - Butler/ Warner Generation Plant Part I Page 2 of 2 Permit No. KA00369 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303 (d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part li Page 1 of 11 Permit No. NCS000369 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater 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. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part iI Page 2 of 11 Permit No. NCS000369 shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part it Page 3 of l l Permit No. NCS000369 personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. B. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of signif cant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: httns:Iidea.nc.gavlabout/divisions/energy-mineral-iand- resou rces/nodes-stormwater-individual). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part I11, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part I I Page 4 of 11 Permit No. NCS000369 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Code Parameter Characte is tics � � � Units Meauremn Fres uence� t 'E T m e2e Sam Loco poe n3 C0530 Total Suspended Solids (TSS) m L semi-annual Grab SDO 400 pH standard semi-annual Grab SDO 552 Non -Polar Oil & Grease by EPA Method1664 SGT-HEM mg/L semi-annual Grab SDO 46529 Total Rainfall¢ inches semi-annual Rain Gauge I - Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. Drawing down the level of water in the onsite pond via manual release in preparation for a large storm event such as a hurricane or in preparation for maintenance is allowed in order to preserve pond integrity. In this case analytical sampling must be done within the first 30 minutes of manual discharge. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented Part II Page 5 of 11 Permit No. NCS000369 in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part Ill, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Semi Annual Start Date ���� E„,�f � ' End Date:, Monitoring Events3,? r� [All'.Yearrs)3 [All''Years)a ,'' Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 if no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values 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, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring :ti3 Discharge Characteristics : Units'` Benchmark " ,, Total Suspended Solids (TSS) mg/L 100 Non -Polar Oil & Grease by mg/L 15 EPA Method1664 SGT-HEM pH standard 6-9 Part I I Page 6 of 11 Permit No. NCS600369 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. ;rr 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 exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge ourraii; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If. The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 34 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 7 of 11 PC Permit No. NCS000369 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). 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 6. Qualitative Monitoring Requirements Discharge Characteristics ` F -e`quency . �; ,"' Monitoring „. ,. Location2 a , Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. Part II Page 8 of 11 Permit No. NCSb00369i If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative Monitoring Response, Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: SPECIAL CONDITIONS ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirement [Supplements Section E. (1) and Supersedes Section E. L" Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Part I I Page 9 of 11 Permit No. NCS000369 Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver from Electronic Reportine The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http:././deq.nc.gov/aboutldivisions/water-resources/edmr Part II Page 10 of 11 Permit No. NCSb00369 3. Signatory Requirements (Supplements Section B. (3.)..(b) and Supersedes Section 3 d All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part I11, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part Ill, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.govZabout/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122,221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties forsubmitting false information, including the possibility offrnes and imprisonmentfor knowing violations." 4. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 11 of 11 Permit No. NCS000369 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of Stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 1I, Section A, Paragraph 2(h) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41). a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement (40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part I11 Page 1 of 9 Permit No. NCS000369 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both (33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000369 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tamnerine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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 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 [40 CFR 122.411. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. DuMto_Reannly If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION 16: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 Permit No. NCS600369 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign 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 [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a'different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to thelDirector prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221. Part III Page 4 of 9 Permit No. NCS000369 d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonmentfor knowing violations " 4. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f]]. 6. Annual 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)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper_ Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls -and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 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 lass of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part I I I Page 5 of 9 Permit No. NCS000369 c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2, Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; 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 Measuremgnt5 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 permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative, Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part III Page 6 of 9 Permit No. NCS000369 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at anytime [40 CFR 122.41]. 7. Inspect"ion 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (s a o t i i' n n r -mineral- land-resources/nodes-stormwater-individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part l Il Page 7 of 9 Permit No. NCS000369 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall he submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availabili1y 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 of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.68 or in Section 309 of the Federal Act 4. Non-StormwaterDischarga If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. 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 [40 CFR 122.41(1)], This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 8. 5-12M The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen an surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 8 of 9 Permit No. NCS000369 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 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 [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted (40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 9 of 9 Permit No. NCS600369 PART IV DEFINITIONS Act See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable t w er Dischilrges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a 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, or emergency shower or eye wash as a result of use in the event of an emergency. 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. More information on BMPs can be found at: jwww,epa, gov In Vde n tion al n -b est7 ma nagement-practi ce- Z s-s tQrmwate r# edii. 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, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. a. Clean Wgter Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCS000369 11. �CvI The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part 1V Page 2 of 4 Pages � Permit No. NCS0003691 22. Kepresentative Outfali Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water -Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: L 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); ii. Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. ,Severe Property Damage 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. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; 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. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28, Stormwater DischargeOutfalI (SDQ), The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages 1 Permit No. NCS000369 30. Stormwater Associated With Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater PQ]IutiQnPrevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDL. TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https:/ldeq.nc.y-ovlabout/divisions/water-resources/olanninglmodeling a,a$es,sment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. ZS-rear. 24 haur Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages rnvironmen fvt Quulfty Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this form, please visit tt S: e a o i io s en r -min ra -lati - resources/energy-mineral-land- ep rmits/stormwater-permits/Farms Permit No.: N/C/_/_/_/_/�/�/�/ or Certificate of Coverage No.: Facility Name: County: Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Phone No. All permits require qualitative monitoring to be performed during a "measurable storm event." A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) I. Outfall Description: Outfall No. Structure (pipe, ditch, etc.): Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: Page 1 of 2 SWU-242, last modified 04/09/2018 r 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) ai)d tint''' (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. is there any foam in the stormwater dischargO Yes o No. B. Is there an oil sheen in the stormwater discharp? O Yes No. 9. Is there evidence of erosion or deposition at the outfaC9. cO Yes No. 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 SWU-242, Last modified 04/09/201B Environmental Quality Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this farm, please visit https://deq.nc.,Qov/about/divisions/energy-mineral-land- resources/energy-mineral-land- perm its/stormwater-permits/formg Permit No.: IV/C/_/_/_/_/_/_/_/ or Certificate of Coverage No.: Facility Name: County: Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Phone No. All permits require qualitative monitoring to be performed during a "measurable storm event." A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfail. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) 1. Outfall Description: Outfall No. Structure (pipe, ditch, etc.): Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: Pagel of 2 SWU-242, Last modified 04/09/2018 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) aid tintt (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. Is there any foam in the stormwater dischargO Yes '.0, No. 8. Is there an oil sheen in the stormwater discharp? 9 Yes No. 9. Is there evidence of erosion or deposition at the outfaCP o Yes No. 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 sWU-242, Last modified 04/09/2018 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number NCS SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) FACILITY NAME COUNTY PERSON COLLECTING SAMPLE(S) PHONE NO. CERTIFIED LABORATORY(S) Lab # Lab # SIGNATURE OF PERMITTEE OR DESIGNEE REQUIRED ON PAGE 2. Part A: Specific Monitoring Requirements Out6n Nn... Date ` - _; Sample - Collected 50050 - - - Total 7 —'Total flow(if s ." Rainfall' �- -MG inches - Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month?_ yes _no (if yes, complete Part B) Part B: Vehicle Maintenance ActivttV Monitoriniz Keauirements O_ utfall_ No. _ ©ate =" Sample.-_ _ =' 50050 00556 _:,, 5 Q 00 Total Flow Total Oil &Grease Non -polar Total _ PH New. Motor Collected (if applicable).%- = Rainfall -W {if apply O&G/TPH ... Suspended Oil U_s_age T- (Method 1664- Solids SGT-HEM), if v a L _ •mo/dd/vr = MG.'=: inches = °irit=/1 In = unit '` -Qal/mo Form S WU-247, last revised 611212015 Page I of 2 `STORM EVENT CHARACTERISTICS: Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) (if more than one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) Mail Original and one copy to: Division of Energy Mineral and Land Resources Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "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." (Signature of Permittee) (Date) Form SWU-247, last revised 611212015 Page 2 of 2 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number NCS SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) ` FACILITY NAME COUNTY PERSON COLLECTING SAMPLE(S) PHONE NO. �) CERTIFIED LABORATORY(S) Lab # Lab # SIGNATURE OF PERMITTEE OR DESIGNEE REQUIRED ON PAGE 2. Part A: Specific Monitoring Requirements Outfall- No:. _ _ - = Date Sample" Collected =50050 .Total . _ Flow= if a Total Rainfall mo/dd/vr ' : :MG inches' Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes _no (if yes, complete Part B) rart ts: venicie maintenance Act] ity ivtomtorm tce uirements OWfall N , , Date-.-. = 50050 <: . 00556' = 00530 00400 Total Flow = Total .. - Oil-&;Gr'ease .:`Non -polar , ; Total - �pH . 'New Motor. No - Sample = - Collected . (if.applicable)... Rainfall , (if appl.) O&G/TPH: .. S6spended', Oil Usage" :(Method 1664. Solids . _ - 'SGT°HEM), if mo/ddlvr ;_ IMG inches' mgll mvA 1.unit ' . '. , eal/mo Form SWU-247, last revised 611212015 Page 1 of 2 4 "STORM EVENT CHARACTERISTICS: Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) (if more than one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) Mail Original and one copy to: Division of Energy Mineral and Land Resources Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "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." (Signature of Permittee) (Date) Form SWi1-247, last revised 611212015 Page 2 of 2 NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NCS000369 Fayetteville Public Works Commission — Butler/Warner Generation Plant SIC 4911 — Electric Generation —Steam Electric —natural gas with #2 fuel backup. Monitoring —The facility has been monitoring for TSS, Total Recoverable Iron and pH. Previous permit did have tier system (2 tiers). o Data reviewed from 2008 through 2017. Results for iron were consistently below benchmark as were TSS and pH. pH did have one value outside the upper range (9.41). o Iron — Due to it's ubiquitous nature iron is being removed from most of our monitoring and is the water quality standard is proposed for removal as well. o TSS and pH are baseline parameters that should be maintained in the permit. o Based on their site visit the FRO has recommended that oil and grease monitoring be added to the permit. This is a result of the potential storage capacity for #2 fuel and past spills. o Parameters in permit —TSS, Non -Polar Oil and Grease and pH o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. Discussions with facility contact (William "Ace" May) indicated that there have been no major changes at the facility. Mr. May indicated all drainage to the onsite pond and that the pond only discharges with large storm event. I reviewed monitoring reports and looked at NOAA precipitation data. This indicates that the pond does not hold the 25 yr storm and does discharge in smaller events. Mr. May agreed. Maintain the footnote language from the previous permit associated with manual discharge from the pond. Resturctured this language a little from the previous permit. Mr. May noted that City of Fayetteville MS4 staff regularly inspect the facility as part of their permit efforts, Facility drains to the Locks Creek 18-24 in the Cape Fear River Basin, a class C stream. 2014 Assessment Report shows no impairment of concern for this facility in this area. NC National Heritage review— Report shows no record of species of concern. FRO — Draft permit and related information sent to the region for comment by email on 3/14/2018. Had also previously talked with Mike Lawyer about the facility and about contacts. FRO conducted site visit on 4/10/2018 and submitted comments on 4/11/18. Okay with changes and the facility was in compliance. Region recommends adding oil and grease monitoring due to storage on site and past spills. See inspection report in file. y.7ad �= AFFIDAVIT OF PUBLICATION NORTH CAROLINA Cumberland County NCDIV.OFENEWI NNERAEAND LAW Before the undersigned, a Notary Public of said County and state, duly RESOURCES' EFO es ORMW TER commissioned and authorized to administer oaths, affirmations, etc., DiSCHAR6EPFRMIT personally appeared. CINDY 0. MCNAIR Public permit facomment ry at 8u'bmti. n I? the dra Writ almmft Who, being duly sworn or affirmed, according to law, Both depose and say tttenta to OPMLR at the addrasa'helow. AEI co be nts rawrod r� April 1 m018 that he/she is a LEGAL SECRETARY of DB North Carolina Holdings, Inc., a ithrough repardtrq permft Itrswrtce and permit corporation organized and doing business under the Laws of the State of pronii- Application Delaware, and publishing a newspaper known as the FAYETTEVILLE Application: ButkrlYYarrtcr 8cneratran Plant,227ACtnterAvenue,Paye �m , e` OBSERVER, in the City of Fayetteville, County and State aforesaid, and '312 has applied far an NPDES to rpt hero w- that as such he/she makes this affidavit; that he/she is familiar with the darn ciLdy t [2 addrea m landuatriat IaclWy at tltla addraes in Cumbet- LIT t Locke The tatthe diatn Fear. i a LIT to Lacks Creak in the Cape Feat River r books files and business of said Corporation and b reference to the files i p Y ea9in. Permit NCSYl011369. of said publication the attached advertisement of CI_ Legal Line Slarmwaler Sennett pr�Q 9j' Gantact 807,6'31 92 BUTLERMARNER GENERATION PLANT bradlaybcnnctt4ncdanr•9oa of NC Division of Energy, Mineral and Land Resources 11 copy rdeq. �aiabooWd"int91enerergkM y' was inserted in the aforesaid newspaper in space, and on dates as follows: mZral-landresourcaalevents, Additlonar Per documents arc availabke for the oe• prlfducUan Coa! a!: @EMLR Stotmvratel Program 512 N. 5allabuty Street 15,2 KA Service centor Ralelgh, NC 2709.1161250263M 309 311912018 and at the time of such publication The Fayetteville Observer was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. The above is correctly copied from the books and files of the aforesaid corporation and publication. C LJ4:�-o. LEGAL SECRETARY Title RECEIVED Cumberland County, North Carolina MAR 2 8 2018 Sworn or affirmed to, and subscribed before me, this 20 day of March, A.D., 2018. DENR-LAND QUALITY STORMWATER PERMITTING in Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and naforesaid. y,I _year e Pamela H. Walters, Notary Public My commission expires 5th day of December, 2020. MAIL TO: NC Division of Energy, Mineral and Land Resources Stormwater Permitting Program,1612 Mail Service Center Raleigh, NC 27699 0005026388 ,� �- f �r' �':�.�� -� �' .�' �y w North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary Susi H. Hamilton NCNHDE-5548 March 12, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: Butler/Warner Generation Plant; NCS000369 Dear Bradley Bennett: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference, Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerQ0gdcr.aov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: 1651 Mall Service Center Raleigh, NC 27699-1651 Telephone: (919) 707-8107 www.ncnhp.org LOCATION: 121 West Jones Street Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Butler/Warner Generation Plant Project No. NCS000369 March 12, 2018 NCNHDE-5548 Element Dragonfly or 33740 Somatochlora georgiana Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly Low Rare Dragonfly or 33780 Stylurus ivae Shining Clubtail 2004-Pre H? 5-Very -- Significantly G4 S2S3 Damselfly Low Rare Freshwater 26072 Elliptio marsupiobesa Cape Fear Spike 2000-10-13 E 3-Medium --- Special G3Q S2 Bivalve Concern Freshwater 29605 Villosa delumbis Eastern Creekshell 2001-01-11 E 3-Medium — Significantly G4 S4 Bivalve Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httnsJlncn erve.o lcontentlhelo. Data query generated on March 12, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-5548: Butler/Warner Generation Plant Y Energy, Mineral and Land Resources ENVIRONMENTAL OVALITY M arch 14, 2018 Mr. William Ace May Fayetteville Public Works Commission Butler/Warner Generation Plant 2274 Custer Avenue Fayetteville, NC 28312 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Draft NPDES Stormwater Permit Permit No. NCS000369 Butler/Warner Generation Plant Cumberland County Dear Mr. May Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Monitoring requirements in the draft permit have changed slightly. Monitoring is required for TSS and pH. After review of monitoring data from the past 10 years the results for Iron (Fe) have remained well below the previously established benchmark level. The draft permit proposes to remove this parameter. Comments from our regional staff or other information may result in maintaining iron if it is apparent that your activities in some way have the potential to release this pollutant. Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit limits, but rather guidelines for -implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 Nonh Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T 3L9 ., 4 NCSOOO�raft Permit Page 2 exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits In our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. 5. Language has been added under Part 11 Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part II, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at brad ley.ben nett@ncdenr.jZov or mailed to my attention at NC DEMLR, Stormwater Permitting Program,1612 Mail Service Center, Raleigh, NC 27699-1612. With this notification the Division will solicit comment on this draft by publishing a notice.in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 807-6392. Sincerely, Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000369 I cc: Tim La Bounty, DEMLR Fayetteville Regional Office —via email Stormwater Permitting Program Files s S NCS000369 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina Gen—e'•al,Stattffe 143-215.1, other lawful standards and regulations promulgated and"adoptMa O ,ed b' 1the North Carolina _, Environmental Management Commission, and the' -,Federal Water Pollution Control Act, as amended,"' Fayetteville Pdblic,Works Commission is hereby authorized to`discharge stormwater from a facility located at Butler/Warner Generation Plant 2274 Custer Avenus Fayetteville, NC Cumberland County to receiving waters designated as UT to Locks Creek a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, II1, and IV hereof Note: Draft Permit Dates areApproximate This permit shall become effective [May 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [April 30, 2023]. Signed this day [May 1, 2018]. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000369 DRAFT 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 Requir ments' , �,"O Section C: On -Site Vehicle Maintenance Monitoring Requirements f Section D: Qualitative Monitoring Requirements Section E: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7, Severability B. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Permit No. NCS000369 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C; Operation and Maintenance of Pollution Controls 1. Proper Operation and Mai ntenance`\ 2. Need to Halt or Reduce NotaDefense 3. Bypassing of StormwaterControl,Facilities Section D: Monitoring and Records )i="' I. A/ Representative;Samplzn9""' 2. Recording!Results!�. 3. Flow Measurements 4. Test•°Procedures S. Representative Outfall 6. Records'Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000369 DRAFT PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N01) 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 recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000369 DRAFT -Tr -,Ji, I' Ill., - .. , " -777, '- --77- i C�v V, jj-�;g I R iwyE it;f'�tfP ll 1"vq fl "i, Y P L11 tiFa4''o �1, 4 Butler/Warner 1 .111. I, lV4 Generation Plant ''l, ��,' qV, I!F ®r I u , J, j":, T-1 I e�1111 v. :q it j j4 If tla '�as L Ll"? ' p j IM I ,Ielk.�44, de 5 N ji'; ,I Ila d J�j iE ip� Al ce , 44-`1 it, lk, lJ, J� Ilt". , - I , ,I t 1, . �"j fr f . 7 . . ."; l ,� � "� 1 , :�. I,; .;r. Yi Ij I 2i 04 f:1 pl :40, J. z:, k 77" 0 �J lX o Mll �LIIW VoP Vk Y 41, I�V It li E Tlz, 0-- 4, ll� jde 01;:" �q 71��, Ir E B ut'e Generation it jo� ! !` Vhrij• qf� A :42i I!,J U iff'' 0 i 1l!i,',jj;i, �tl L, Oc Part I Page 2 of 2 4 Permit No. NCS000369 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part ill, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 12 Permit No. NCS000369 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 111, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous_sub- tances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part 11 Page 2 of 12 Permit No. NCS000369 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part 11 Page 3 of 12 Permit No. NCS000369 DRAFT personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. B. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignificant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: http://deq.ne.gov/about/divisions/energy-mineral-land-i-e_sour_ces/energy mineral-land-permits/stormwater-permits/�pdes-iBdustria�-sw). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000369 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements ,,Parameter€; 'Code ', _ ,_ .. Discharge, Characteristics Units Measurement,: Fre uenc t, Sample T e2 Sample Location3 530 Total Suspended Solids TSS) m L semi-annual Grab SDO 400 pH standard semi-annual Grab SDO 46529 1 Total Rainfallq inches semi-annual Rain Gauge I - Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. Drawing down the level of water in the onsite pond via manual release in preparation for a large storm event such as a hurricane or in preparation for maintenance is allowed in order to preserve pond integrity. In this case analytical sampling must be done within the first 30 minutes of manual discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 111, Section E). However, for purposes Part 11 Page 5 of 12 Permit No. NCS000369 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Semi-AnnuaC ;v,ll "Start Date End Date Monfltoriing Events, }"' ;.r ; (AII.Years)a (All Years)a, Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. [May coris�der,addin'g commerit if permit is issued with' little t►me to�coriduct monitoring ciur}ng on . of the„lislEed,per�,ods, Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values 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, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring k t.�kFEIF.'. �i . i ..t1F.E €.� E E Dischar a Characteryy�+ ■■ ,) - l�tAcS-.�II fP' .lF. r� ���� il�� � I E E i d ri�L <.. �j,:. � �� l'.{.7 n�tSii�3s FE E_� CE ��1.' �� '.[ �����;��i�i3�� �.. Benchm" ark Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 6 of 12 Permit No. NCS000369 DRAI-T Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. i. Tier Two . if: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the 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 and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow' to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; 9 require the pemittee to continue Tier Three obligations through the permit renewal process. Part 11 Page 7 of 12 r Permit No. NCS000369 DRAFT SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runofffrom vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Parameter Code Discharge Characteristics 3,: �. 'k i , `€cz'� Units �' ! Measurement :Fie' uenc 1 Sample ,v Type? 'Sample Lacation3 552 Non -Polar Oil & Grease by EPA Method1664SGT-HEM mg/L semi-annual Grab SDO 530 Total Suspended Solids m L semi-annual Grab SDO 46529 Total Rainfall4 inches semi-annual Rain gauge - -- New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice peryear during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfali (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tired program. See description of tiers and required response in Part 11 Section B. Part II Page 8 of 12 Permit No. NC5000369 DRAFT Table 5. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA) mg/L 1 50 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). 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 6. Qualitative Monitoring Requirements Discharge CharacteristicsE :�. Frequencys,, Mon itoriing s°� Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Part II Page 9 of 12 Permit No. NCS000369 DRAFT Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. r i. ;�s�sn3F ors �, 3��i„ ,„s � �� ,�,_ •. ��,����., ;�, .,, ���� ualitativeMonitoirin"Res �`anse Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) • Section D. (6.) • Section E. (1.) • Section E. (2.) Signatory Requirements Records Retention Discharge Monitoring Reports Submitting Reports Part lI Page 10 of 12 Permit No. NCS000369 DRA17T 1. Reporting Requirements [Supplements SectionE. LU and Supersedes Section E. LZX Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address; NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where Iess than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved Part 11 Page 11 of U e Permit No. NCS000369 DRAFT reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: , http//! deq.nc.gov.1about/divisions/water-resourcesJedmr 3. , Signatory Requirements [Supplements Section B. (3.1 (b) and Supersedes Section R. (3) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person I described in Part III, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part III, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about%divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22], NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those per sons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations." The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part 1I Page 12 of 12 1 Permit No. NCS000369 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000369 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319, Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and HaZardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000369 DRAFT Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duly to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 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 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 [40 CFR 122.411. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 e Permit No. NCS000369 DRAFT 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3),122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign 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 [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part I11 Page 4 of 9 Permit No. NCS000369 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 'I certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et a]. 5. Eermit 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 permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring Fee liggtiizements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not aDefense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part III Page 5 of 9 v, �r Permit No. NCS000369 DRAFT c. The permittee submitted notices as required under, Part I11, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative 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 measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individuals) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part it I Page 6 of 9 Permit No. NCS000369 DRAFT 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (D M Rs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. 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 or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (http:/Ideq,nc.gov/aboutldivisions/eneri!y-mineral- land- resources jene r- w 't ). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)). Partill Page 7 of 9 /A �r Permit No. NCS000369 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 U5C 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any 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. No13J5xormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Chanees 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 [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. Snills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. ByAass Notice [40 CFR 122.41(m)(3)1: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part I11 Page 8 of 9 Permit No. NC5000369 DRAFT 9. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 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 [40 CFR 122.41(1)(6)]. b. The Director may waive the written report an a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11, Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. PartIII Page 9 of 9 PART IV DEFINITIONS 1. Art See Clean Water Act. NCS000369 DRAFT PERMIT 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weathendoes not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant;DMR. 3. Allowable Non-Stormwater Discharges�<<, This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include- , 3 , ' 7�, �.: a. All other discharges that are authorized�by-a`non=stormwater NPDES permit. b. Uncontaminated groundwater, foundation drams,'air-conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains,Elows_from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or.;fire-fighting training, or emergency shower or eye wash as a result of use in,the event.of bn emergency. Measures or practices used to redii the amount of pollution entering surface waters. BMPs may take the form of a proceps's, activi,ty;or physical structure. More information an BMPs can be found at: S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director Part IV Page 1 of 4 Permit No. NCS000369 DRAFT The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. Vic The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local D EMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (M541 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge Qf StorMwatgr Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000369 DRAFT 22. H=usentative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title I11, Section 313 reporting requirements; and C. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe PcopeLU Damage 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. 26. Sienificant 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. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. 3tormwater Discharge Outfall COO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. St-ormmater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with lodgstrial Activity Part IV Page 3 of 4 Pages Permit No. NCS000369 DRAFT The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b) (14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution_Prev-ention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TM12L). TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found atop;//deo.nc.govlijbout/divisions/water-resources/planninglmodeling- assessment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm -Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages 1 4 9 Fayetteville Public Works Commission NCS000369 Date Flow Total Rainfall PH TSS Fe (Iron) June,2012 None N/A N/A N/A N/A Dec, 2012 Yes 2.1" 9.41 6.4 0.405 June, 2013 Yes 3.8" 6.77 7.3 0.505 Dec, 2013 Yes 1.7" 7.6 14 0.306 June, 2014 Yes 3.0" 6.48 23.4 0.2 Dec,2014 None N/A N/A N/A N/A June, 2015 Yes 3.3" 6.25 10.6 0.304 Dec, 2015 Yes 2.8" 6.16 2.9 0.2 June, 2016 Yes .S" 6.31 8.6 0.26 Dec, 2016 Yes 1.2" 6.4 6.6 0.2 June,2017 None N/A N/A N/A N/A Dec,2017 None N/A N/A N/A N/A Bennett, Bradley From: Lawyer, Mike Sent: Wednesday, April 11, 2018 11:58 AM To: Bennett, Bradley Cc: ace.may@faypwc.com; terry.hayner@faypwc.com Subject: RE: Permit Renewal Draft for Review and Site Inspection Attachments: Compliance Evaluation Inspection_Butler Warner Generation Plant_NCS000369_ 4-10-18.pdf Bradley, Conducted inspection at the Butler/Warner Generation Plant yesterday. A copy of my inspection report is attached for your review and files. Facility is in compliance with the current/expired permit. Please see comments regarding draft permit renewal below. • no objections to removal of Iron from their analytical monitoring requirements • based on the amount/capacity of #2 fuel oil storage at the facility (five million gallons) and a few historical oil spills, the addition of Non -Polar Oil & Grease to their analytical monitoring requirements might be warranted; they do however have a robust spill prevention and response plan and visually check their ASTs and associated piping as well as their large (5-acre) stormwater pond on a daily basis • secondary containment for the fuel oil tanks is in the form of earthen/vegetated dikes without a liner • as referenced in my inspection report, there have been no exceedances of benchmark values from 2013 to 2017 and the facility is very well operated and maintained Please let me know if you need more detail on the comments above or any further information about the facility. Michael Lawyer, CPSWQ Environmental Program Consultant Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 910 433-3394 office rnike.lawyer(Uncdenr.. ov_ 225 Green Street, Suite 714 Fayetteville, NC 28301 Email eoirespondeoce to and from this address is subject to the North Carolina Public, Records Law and may be discivsed to third parties From: Bennett, Bradley Sent: Wednesday, March 14, 2018 1:03 PM To: LaBounty, Tim L <tim.labounty@ncdenr.gov>; Lawyer, Mike <mike.lawyer@ncdenr.gov> Subject: Permit Renewal Draft for Review and Site Inspection Tim and Mike Hey Guys! If you haven't heard yet (Mike we've talked so I know you've heard), I'm back working part time on individual stormwater permit renewals. My schedule is generally Tuesday —Thursday but I modify it some based on how the weather looks and what I'd rather be doing! I'm asking for your comments on the attached draft individual NPDES Stormwater permit renewal for Butler/Warner Generation Plant (Fayetteville PWC) — NCS000369. Attached are the following documents for your review: 1. Draft permit NCS000369 2. Cover letter to permittee —outlines the major changes from the previous permit 3. NCS000369 Renewal application from permittee 4. Some supplemental monitoring data for the last few years since the application. The last inspection of their facility that we did looks to have been in 2008. Fayetteville is doing regular inspections under their MS4 program and I think Mike said they usually copy you on their reports. We are proposing to modify their monitoring just slightly because the data over the last 10 years is coming in under the benchmarks (see cover letter for info on the specific changes). We are maintaining some base parameters in the draft permit. I would appreciate your feedback on this to see if you feel monitoring should be different in any way. I've also adjusted the draft a little with regards to the footnote that addresses their manual release from their onsite detention pond. I'm sending the draft permit to the permittee today or tomorrow by mail and the permit is going out to public notice the first of next week. I would appreciate it if you could schedule a site visit and get me any comments you may have within the next 30 days. Let me know if that is a problem. The facility contact person is Ace May— ace.mav@fayp.wc.com (910) 223-4814 Thanks [7-11 Bradley Bennett Phone: (919) 807-6392 Stormwater Permitting Program Fax: (919) 807-6494 NC Division of Energy, Mineral and Land Resources Email: bradley.bennett@ncdenr.gov 1612 Mail Service Center Raleigh, NC 27699-1612 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY April 11, 2018 Fayetteville Public Works Commission Attn: William "Ace" May, Power Plant Manager PO Box 1089 Fayetteville, NC 28302-1089 Subject: COMPLIANCE EVALUATION INSPECTION NPDES Stormwater Permit NCS000369 Fayetteville Public Works Commission ButlerlWarner Generation Plant Cumberland County Dear Mr. May: ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON,. JR. Interim Director On April 10, 2018, a site inspection was conducted for the Butler/Wamer Generation Plant facility located at 2274 Custer Avenue, Fayetteville,, Cumberland County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Along with yourself, Mr. Terry Hayner, Operations Supervisor, was also present during the inspection and both your and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered, by NPDES Stormwater Permit NCS000369. Permit'coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary of Locks Creek, a Class C waterbody in the Cape Fear River Basin. As a result of the inspection, the facility was found to be in compliance with the conditions of NPDES Stormwater Permit NCS000369. Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Please be advised that violations of the NPDES Stormwater Permit are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff have any questions, comments; or needs assistance with understanding any aspect of your permit, please contact me at (910) 433-3394 or by e-mail,at mike. lawyer c@ncdenr.gov. Sincerely, r a. G Ri!ha,el Lawyer, CPSWQ Environmental Program Consultant DEMLR Enclosure ec: William "Ace" May, Power Plant Manager — ButlerlWarner Generation Plant Terry Hayner, Operations Supervisor — ButlerMarner Generation Plant Bradley Bennett — DEMLR, Stormwater Permitting Program cc: , FRO — DEMLR, Stormwater Files State of North Carolina J Environmental Quality I Energy, Mineral and Land Rcsowms Fayetteville Regional Office 1225 Omen Street, Suite 714 1 Faycttev lc, NC 29301 910.433-3300 Compliance Inspection Report Permit: NCS000369 Effective: 07/01/08 Expiration: 06/30/13 owner: Fayetteville Public Works Commission SOC: Effective: Expiration: Facility: ButlerlWamer Generation Plant 2274 Custer Ave County: Cumberland Region: Fayetteville Fayetteville NC 28312 Contact Parson: William Ace May Title: Power Plant Manager Phone: 910-2234814 Directions to Facility: System Classifications: • 1 Primary ORC: Certification: Phone: Secondary ORC(s): On -Sits Representative($): On -site representative William Ace May 910-223-4614 On -site representative Terry Hayner 910-223-4236 Related Permits: Inspection Date: 04/10/2018 ntryTiExit Time: 04:25PM Primary Inspector: Mike lawyer me !;;a Phone: 910-433-3300 ExtUT Secondary Inspoctolsj: r .33?q Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000360 Owner - Facility: Fayetteville Public Works Commission Inspection pate: 04110/2018 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection conducted to determine compliance with current/expired permit and as part of the permit renewal process. Met with William "Ace" May, Power Plant Manager, and Terry Hayner, Operations Supervisor. Discussed aspects of the draft permit including the significant changes regarding measurable storm events definition, removal of the Iron parameter from the monitoring requirements, modified tiered response process for benchmark exceedancss, etc. Also discussed the annual review and update requirements pertaining to the Stormwater Pollution Prevention Plan; listing of significant spills or notation that none have occurred, re -certification that the stormwater outfall has been evaluated for the presence of any non-stormwater discharges, effectiveness of BMPs, and comparison of analytical monitoring data to benchmark values. Reviewed facility's current Stormwater Pollution Prevention Plan as well as analytical and qualitative (visual) monitoring records from 2013 through 2017. Monitoring records indicate no exceadences of benchmark values with a few records indicating 'No Flow'. Facility primarily uses natural gas for power generation with #2 fuel oil as a backup source. Facility has seven ASTs that can store up to five million gallons of fuel oil. An earthen dike is provided around each AST for secondary containment. Drains at the fuel oil off-loading area are tied to an all/water separator. Facility has a robust spill prevention and response plan and conducts mock exercises on a routine basis. Secondary containment is also provided around the facility's acid and caustic tanks. Releases of accumulated stormwater from this containment structure flow into the facility's sanitary sewer system. Observations were made of the facility's 5-acre stormwater retention pond, stormwater discharge outfall and secondary containment structures. Facility appears to be very well operated and maintained. Page: 2 permit.. NCS00038D owner • Facility: Fayetteville Public Works Commission Inspection pate: 04/10/2019 inspection Type : Compliance Evaluation Reason for Visit: Routine ftarmMter Pollutlon Prevention Plan i Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Prectices"? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible altematives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan Include a 9MP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility inspection Program? Has the'Stormwater Pollution Prevention Plan been implemented? Comment: Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: Anahrtical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted.its Analytical monitoring from Vehicle Maintenance areas? Comment: Permit and Outfalls #. Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all autfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Yes No NAME ■❑❑❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ❑ ❑ ❑ ❑ 1113 ■❑❑❑ ■❑❑❑ ■❑❑❑ Yog Ng "a NE ❑ ❑ ❑ Yes No NA NE ■ ❑❑❑ ❑❑■❑ Yes No NA NE ❑ ❑ ❑ ❑ ❑ N ❑ ❑ ❑ ❑ Page: 3 Bennett, Bradley From: Ace May <ace.may@faypwc.com> Sent: Monday, March 12, 2018 3:28 PM To: Bennett, Bradley Subject: RE: [External] RE: Contact for Stormwater Permit Renewal Attachments: Storm Water Reports from 2012.xlsx Mr. Bennett, I have answered the questions below in yellow. Also we are now listed as "Fayetteville Public Works Commission", None of the discharges on the spreadsheet were manual. Let me know if you need anything else. • Have there been any substantial changes at the facility , either construction changes or process changes, that could impact Stormwater runoff? No • Could you provide an updated summary of your monitoring results since the renewal application (2013 — 2017). Attach ed.spreads'heet. Is the site plan from 2013 still accurate or is there a new one. ,Yes it kis accurate • Can you provide us with the latitude / longitude location of all outfalls? We will need this as we move toward federally required electronic reporting of monitoring data. (1 Outfall) 35°05'46.6" N 78°49'48.05"W Thanks, .CP % ef, Power Plant Manager Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 _XA%U_ i S. H ill: ('C3ll�fti {J'1'It.i'i'1' t From: Bennett, Bradley[mailto;bradley.bennett@ncdenr.gov] Sent: Friday, March 09, 2018 9:02 AM To: Ace May Subject: Re: [External] RE: Contact for Stormwater Permit Renewal Great, I'll try and call you on Monday when I'm back in the office. I'll call around 2:00 if that is okay. .10 Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(@ncdenr,cov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Ace May <ace.may@faypwc.com> Sent: Friday, March 9, 2018 7:10 AM To: Bennett, Bradley Subject: RE: [External) RE: Contact for Stormwater Permit Renewal Mr. Bennett, I am pretty much available any of those days. Monday afternoon then Tuesday and Wednesday most any time. Thanks, W,ee mef, Power Plant Manager Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 If jZvi E Y 2 The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage caused by any virus transmitted by this communication - From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov] Sent: Thursday, March 8, 2018 2:54 PM To: Ace May Subject: RE: [External] RE: Contact for Stormwater Permit Renewal Thanks for responding Mr. May. Would there be a time next week when we can talk about the permit renewal? Since it has been a while since your renewal application (2013) I'd like to get feedback from you on some things. For example: • Have there been any substantial changes at the facility, either construction changes or process changes, that could impact stormwater runoff? • Could you provide an updated summary of your monitoring results since the renewal application (2013 - 2017). + Is the site plan from 2013 still accurate or is there a new one. • Can you provide us with the latitude / longitude location of all outfalls? We will need this as we move toward federally required electronic reporting of monitoring data. • I'd also like to talk a little about the pond you have onsite. I have read through some things in the file, but I think it would help to discuss this. For next week I will most likely be available Monday -Wednesday if any of those days work for you. Thanks BB From: Ace May [mailto:ace.may faypwc.com] Sent: Thursday, March 08, 2018 10:18 AM To: Bennett, Bradley <bradley.bennett ncdenr.gov> Subject: [External] RE: Contact for Stormwater Permit Renewal Mr. Bennett, I am the contact for the Strom water Pond Permit Renewal, Permit ##NCS000369. Thanks, W,ee+ 0,4" r Power Plant Manager 1 Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 S EE( Mt; . CAVN tJTti.iTly The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage caused by any virus transmitted by this communication. From: Dale Lee Sent: Wednesday, March 07, 2018 12:39 PM To: Ace May Subject: FW: Contact for Stormwater Permit Renewal From: Bennett, Bradley[malito:bradley.bennettancdenr.aovl Sent: Wednesday, March 07, 2018 9:47 AM To: pwcgeneration Subject: Contact for Stormwater Permit Renewal I'm with the Department of Environmental Quality in our Stormwater Permitting Program. I am working on a permit renewal for the Butler/Warner Generation Plant that was started quite a while ago. The permit number is NCS000369. I was trying to find the best contact person to discuss this permit renewal. If you could forward this email along to them and have them contact me I would appreciate it. Thanks Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley. ben neftOnedenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary Nf,"E LR has the following contact information -in quLEUmlt Database for Your permit as of 3naQ_18. Permit Number. NCS000369 Permit Type: Stormwater Discharge. Individual Facility Name. SUtCEMrner-Generatlon Plant PadiltV Add 1 � 2'1-7,4 CAGTM ^LIC 66a it 23) Facility Address?: City, State &Zip: FayalWyllig, NC 283%-2- CWmer Information Details: Owner Name: 4WK F0kWrWV#6Lr PLAbLIL W&ItKS CDtAA0iS31;0'.3 Owner Type: Mon-G0YeMffW Owner Type Group: . -Organization Owner Affiliation'., W11-LoAAA Air AAAY Title: *?ovjM -PLAr4T- MAOA46n Addressi: PO Box IO2 Address;2: City, State &Zip: FayeaCY111e. NC 26302-1089 Work Phone: - Fax: -4+s o Email Address; C- [ *AA Billing Month: March layRice ]lumber Invoice Date Invoice Due_Date Invoice Statuffi 2018PR001094 2/6/2018 3/812018 $860.00 Open W no�� emqn(a Gadlict Name IM Addren ft= En 1111AU t , y Cqntact Pemoil (0, Contact Name II& - Addmss Phase fax I" Contact Name 7Jtia Address Phone Eox LnRu 1P.A.0 to, glad Riftnit Sillingtointict.. Contact Name Addre Phone En IMRH Allen R-Waffam- FrifA-n At" PO 8,, 1089, Fayetteville, NC -QIG.493-6P* Aff Msky 28302-1089 9 /C) -?-I?! 3/'1/2018 Page I WILSON A. LACY, COMMISSIONER PUBLIC WORKS COMMISSION 955 OLD WILMINGTON RD MICHAEL G. LALLIER, COMMISSIONER P.O. BOX 1089 WICK SMITH, COMMISSIONER OF THE CITY OF FAYETTEVILLE FAYETTEVILLE, NORTH CAROLINA 28302-1089 LYNNE B. GREENE, COMMISSIONER TELEPHONE (910) 483-1401 STEVEN K. BLANCHARD, CEO/GENERAL MANAGER ELECTRIC & WATER UTILITIES WWW.FAYPWC.COM Butler -Warner Generation Plant February 7, 2013 Mr. Bradley Bennett Stormwater and General Permits Unit Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, N.C. 27699-1617 Subject: Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application Dear Mr. Bennett On behalf of the Public Works Commission of the City of Fayetteville, N.C., I have attached the permit application renewal form for the subject stormwater permit. I have also attached the supplemental information and certification forms required. If you should have any questions, please contact me at (910) 223-4814. Sincerely, Public Works Commission William C. May Interim Power Plant Manager BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 'OR��� ��Uh����V��La�Permit Number .� Nafinu:�i Pollutant Ilisclt.>rgi_ Iilinlination `;y°sly u► NCS00036%p Stormwater Discharge Permit THIS API*LIC:ATION MUST BE SIGNEID AND RETURNED AI,ONG M'I'11'I'IIE RLQUESTED SUPPLI'MENTAI, INFORMATION TO TILE DIV. OF WA7'I,"R QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER I'I RMIT NCS000369 The following is the information currently in Our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: 131JTLEIZ Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: BUTLER/WARNER GENERATION PLANT Facility Contact: Facility Address: SR 1723 CCISTF,R AVE FAYETTEVILLE. NC 28301 Phone Number: Fax Number E-mail address: I'I RM11' INFORMATION Permit Contact: ALLEN R WALLACE Mailing Address: 1*o 13ox IOt39 FAY13 VILLE, NC 28302 Public Works Commission of Fayettevil Allen R. Wallace P.O. Box 1089 2274 Cls-t-pr Avenue _Ea_y_e-t_t<e_SldA_Le_,_ NC_2$_3-L2— _ —(_9-1.0-)--2.23_-4B13_ Phone Number: 4+04B6929- (910) 223-4Q13 Fax Number: ( A l 0 ) 48-1-6680 E-mail address: r"_g_i,-__wa_L]_a.c_e@_fa_y_w_r _com DISCHARGE INFORMATION Discharge Receiving Water: Sirearn Class: Basin. Sulk-B,lSiit 4 Number of �)utl'aIIs: CI R'i'IFICA'HON Lor_kCreek _ Fear_ Riv.er_-._--._--.- 1 certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature �t . �_a aCe Date ���x�.�,• �o�``[,-tre --- _mil o�uer�o�ta'�ewr�, er Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Ada Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FEB 1 1 2011 NR - WATER QUALITY - _ _ _ - - - - G - � - tl - „ .. - � ^ � - O _ C - a - C - C - a _ Y - � - Y - a - A - 4 - � - _ � - M - A - F. _ - - --- - - - . STORMWATER POLL-UTION� PREVENTION' PLAN a i n a o a a o n a c a a a a a a o a a a a a e n' q p n n a a n o n a a a tl n n n o n q� a r 7 u ,DEVELOPMENT -AND IMPLEMENTATION: r , ='CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Permit Number: Location Address: County: U'r LE72 - ZZI4 C-USTEn AVE j=AYE77-EVtLLe, /VC_ 2$3IZ C u r►I ge-rtLA.&>b 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, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit" And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign,(aecording to.&e Fnit signatory i•eq' uire'ments)'and"return this Certification.. DO.NOT n �3 G 0. 1: A q ii 4 F k J `SEND'STORMVKATER.POLLUTIO'N PREVENTIONcPI AN_WITH.THIS CERTIFICATION. Signature � �-+��a�'� Date 2 S 3 Print or type name of person signing above Title SPPP Certification 5/09 a *V t SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials +� 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. .a NCS000369 Public Works Commission of Fayetteville Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC Cumberland County Analytical Date Event Rainfall TSS Iron Date Tvoe "inches" ma/t mQ/I PH Outfall Visual Solids Solids Erosion Color Odor Clarity Floatine Susoended Foam Oil Sheen Deoosition 9/5/2008 Manual 0 5.8 0.1415 7.94 1 Light Brown None 2 2 1 No No No 9/6/2008 Discharge 6.1 22 0.235 7.5 1 Light Brown None 2 2 3 No No No 3/1/2009 Discharge 3.3 7.6 0.221 7.71 1 Light Brown None 1 1 1 No No No 12/9/2009 Discharge 1.2 6.8 0.217 7.69 1 Light Green None 3 1 3 No No No 1/17/2010 Discharge 2.1 7 0.308 7.94 1 Colorless None 2 1 1 No No No 7/25/2010 No Flow 0.45 n/a n/a n/a 1 Light Green None 3 2 2 No No No 2/2/2011 No Flow 0.5 n/a n/a n/a 1 Light Green None 3 1 3 No No No 8/26/2011 No Flow 1.7 n/a n/a n/a 1 Light Green None 2 1 1 No No No 1/10/2012 No Flow 0.2 n/a n/a n/a 1 Light Brawn None 2 2 2 No No No 8/2/2012 Discharge 2.1 6.4 0.405 9.41 1 Med Brown None 4 2 2 No No No Fayetteville Public Works Commission Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC 28312 NC5000369 Best Management Practices Bulk Fuel Tank Storage and Secondary Containment All secondary containments are inspected and logged before releasing rainwater; also the closure of the valves used for the release is logged. Debris are cleaned from secondary containment areas where applicable. Fuel Unloading Skid The fuel unloading skid is equipped with secondary containment. The storm water drains for this structure have been equipped with valves in the drain lines to prevent unauthorized discharges of rainwater. These valves are opened only to drain excess rain water. This containment area is treated as all other containment areas and is inspected before release and is logged as well, including the closure of the valves. Fuel Oil Tank Inventory Fuel tank readings are taken and recorded on a daily basis. These levels are entered into a database for tracking and trending purposes in order to prevent a potential leak from going undetected. Miscellaneous Tanks, Drums, Barrels and Stored Supplies Miscellaneous tank, drums and barrels are stored in containment areas. Supplies are stored near this area and potential areas where leaks might occur and near the point where the catch basins empty into the storm water pond. A vinyl boom is installed across this narrow finger of entrance point. Another boom is stored within two hundred feet of this location for quick deployment if necessary. The boom that is permanently deployed is inspected and cleaned once a year. Log Rounds Operators perform 8 log rounds a day inspecting plant equipment and looking for potential problems with equipment, leak detection, and general housekeeping issues. Fayetteville Public Works Commission Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC 28312 NCS000369 Significant Changes No Changes There have been no significant changes in the industrial activities at this permitted site. NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NC5000369 Fayetteville Public Works Commission — Butler/Warner Generation Plant SIC 4911— Electric Generation — Steam Electric — natural gas with t#2 fuel back up. Monitoring —The facility has been monitoring for TSS, Total Recoverable Iron and pH. Previous permit did have tier system (2 tiers). o Data reviewed from 2008 through 2017, Results for iron were consistently below benchmark as were TSS and pH. pH did have one value outside the upper range (9.41). o Iron — Due to it's ubiquitous nature iron is being removed from most of our monitoring and is the water quality standard is proposed for removal as well. o TSS and pH are baseline parameters that should be maintained in the permit. o Based on their site visit the FRO has recommended that oil and grease monitoring be added to the permit. This is a result of the potential storage capacity for #i2 fuel and past spills. o Parameters in permit —TSS, Non -Polar Oil and Grease and pH o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. Discussions with facility contact (William "Ace" May) indicated that there have been no major changes at the facility. Mr. May indicated all drainage to the onsite pond and that the pond only discharges with large storm event. I reviewed monitoring reports and looked at NOAA precipitation data. This indicates that the pond does not hold the 25 yr storm and does discharge in smaller events. Mr. May agreed. Maintain the footnote language from the previous permit associated with manual discharge from the pond. Resturctured this language a little from the previous permit. Mr. May noted that City of Fayetteville MS4 staff regularly inspect the facility as part of their permit efforts. Facility drains to the Locks Creek 18-24 in the Cape Fear River Basin, a class C stream. 2014 Assessment Report shows no impairment of concern for this facility in this area. NC National Heritage review — Report shows no record of species of concern. FRO — Draft permit and related information sent to the region for comment by email on 3/14/2018. Had also previously talked with Mike Lawyer about the facility and about contacts. FRO conducted site visit on 4/10/2018 and submitted comments on 4/11/18. Okay with changes and the facility was in compliance. Region recommends adding oil and grease monitoring due to storage on site and past spills. See inspection report in file. AFFIDAVIT OF PUBLICATION NORTH CAROLINA Cumberland County NC DN.Of ENERGY, MINERAL AND LANE Before the undersigned, a Notary Public of said County and state, duly UE RESOURCES' iNNas orT11°uwR commissioned and authorized to administer oaths, affirmations, etc., DISCHARGE PERmir personally appeared. CINDY 0. MCNAIR Public comment objection written mm- to ,he draftpermit 'ix invited.. Submit Who, being duly sworn or affirmed, according to law, doth depose and say man% to DEMLR at the address below. All comments received through Af,rll 18, 201a that he/she is a LEGAL SECRETARY of DB North Carolina Holdings, Inc., a will be considered'in-the tint determirm. tion rtgarding pctmit issuance and permit corporation organized and doing business under the Laws of the State of provieiarhs. Delaware, and publishing a newspaper known as the FAYETTEVILLE Atpiioationl ButlerjWarnei Generation sla z ws1 us r A� a ��oys same, "C OBSERVER, in the City of Fayetteville, County and State aforesaid, and news/ le discharge this addurrer barn an irr- dustrial tacitly at Ibis addreha InCumhcr- that as such he/she makes this affidavit; that he/she is familiar with the r 1arx1 Counry, The la ality'd's� rges,13 3 InLocks Crack in the Ca Foar River books tiles and business of said Corporation and by reference to the files h ElaUT Stor. ater of said publication the attached advertisement of CL Legal Line Pragr1,m 4: Slormwatcr �Progtam .'�Cpnfact: Bradle Bennett to19r a0.11n2 BUTLERIWARNER GENERATION PLANT hradley.bennettft mdenr.gov - ' of NC Division of Energy, Mineral and Land Resources A tlic ai)o„uryiam'gplldeq.rgYrbd,iiamrY- was inserted in the aforesaid newspaper in space, and on dates as follows: mineral-landresourceslevents. Additional permit documents -are ava4ablelar the ie- production cost at; DEMLRStormwater Program ' 512 N.-Salisbury Street 1612 Mail Service Center Raleigh; NC 216W-151 5g2fi3Uit �19 3/19/2018 and at the time of such publication The Fayetteville Observer was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. The above is correctly copied from the books and files of the aforesaid corporation and publication. o. LEGAL SECRETARY RECEIVED MAR 28 2010 DENR-LAND QUALITY STORMWATER PERMITTING Title Cumberland County, North Carolina Sworn or affirmed to, and subscribed before me, this 20 day of March, A.D., 2018. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. ela H. Walters, Notary Public My commission expires 5th day of December, 2020. MAIL TO: NC Division of Energy, Mineral and Land Resources Stormwater Permitting Program,1612 Mail Service Center Raleigh, NC 27699 0005026388 Bennett, Bradley From: Lawyer, Mike Sent: Wednesday, April 11, 2018 11:58 AM To: Bennett, Bradley Cc: ace.may@faypwc.com; terry.hayner@faypwc.com Subject: RE: Permit Renewal Draft for Review and Site Inspection Attachments: Compliance Evaluation Inspection_Butler Warner Generation Plant_NCS000369_ 4-10-18.pdf Bradley, Conducted inspection at the Butler/Warner Generation Plant yesterday. A copy of my inspection report is attached for your review and files. Facility is in compliance with the current/expired permit. Please see comments regarding draft permit renewal below. • no objections to removal of Iron from their analytical monitoring requirements • based on the amount/capacity of #2 fuel oil storage at the facility (five million gallons) and a few historical oil spills, the addition of Non -Polar Oil & Grease to their analytical monitoring requirements might be warranted; they do however have a robust spill prevention and response plan and visually check their ASTs and associated piping as well as their large (5-acre) stormwater pond on a daily basis • secondary containment for the fuel oil tanks is in the form of earthen/vegetated dikes without a liner • as referenced in my inspection report, there have been no exceedances of benchmark values from 2013 to 2017 and the facility is very well operated and maintained Please let me know if you need more detail on the comments above or any further information about the facility. Michael Lawyer, CPSWQ Environmental Program Consultant Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 910 433-3394 office mike.lawyer@ncdenr.gov 225 Green Street, Suite 714 Fayetteville, NC 28301 ;Y -•-5"-�'`Nothing Compares,--,,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bennett, Bradley Sent: Wednesday, March 14, 2018 1:03 PM To: LaBounty, Tim L <tim.labounty@ncdenr.gov>; Lawyer, Mike <mike.lawyer@ncdenr.gov> Subject: Permit Renewal Draft for Review and Site Inspection Tim and Mike Hey Guys! If you haven't heard yet (Mike we've talked so I know you've heard), I'm back working part time on individual stormwater permit renewals. My schedule is generally Tuesday — Thursday but I modify it some based on how the weather looks and what I'd rather be doing! I'm asking for your comments on the attached draft individual NPDES Stormwater permit renewal for Butler/Warner Generation Plant (Fayetteville PWC) — NCS000369. Attached are the following documents for your review: 1. Draft permit NCS000369 2. Cover letter to permittee — outlines the major changes from the previous permit 3. NCS000369 Renewal application from permittee 4. Some supplemental monitoring data for the last few years since the application. The last inspection of their facility that we did looks to have been in 2008. Fayetteville is doing regular inspections under their MS4'program and I think Mike said they usually copy you on their reports. We are proposing to modify their monitoring just slightly because the data over the last 10 years is coming in under the benchmarks (see cover letter for info on the specific changes). We are maintaining some base parameters in the draft permit. I would appreciate your feedback on this to see if you feel monitoring should be different in any way. I've also adjusted the draft a little with regards to the footnote that addresses their manual release from their onsite detention pond. I'm sending the draft permit to the permittee today or tomorrow by mail and the permit is going out to public notice the first of next week. I would appreciate it if you could schedule a site visit and get me any comments you may have within the next 30 days. Let me know if that is a problem. The facility contact person is Ace May— ace.mav@favpwc.com (910) 223-4814 Thanks BB Bradley Bennett j Phone: (919) 807-6392 Stormwater Permitting Program Fax: (919) 807-6494 NC Division of Energy, Mineral and Land Resources Email: bradley.bennett@ncdenr.gov 1612 Mail Service Center Raleigh, NC 27699-1612 Energy, Mineral and Land Resources 9NVIRONMHNTAL QUALITY April 11, 2018 Fayetteville Public Works Commission Attn: William "Ace" May, Power Plant Manager PO Box 1089 Fayetteville, NC 28302-1089 Subject: COMPLIANCE EVALUATION INSPECTION NPDES Stormwater Permit NCS000369 Fayetteville Public Works Commission Butler/Warner Generation Plant Cumberland County Dear Mr. May: ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON,.JR. Interim Director On April 10, 2018, a site inspection was conducted for the Butler/Wamer Generation Plant facility located at 2274 Custer Avenue, Fayetteville,. Cumberland County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Along with yourself, Mr. Terry Hayner, Operations Supervisor, was also present during the inspection and both your and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered, by NPDES Stormwater Permit NCS000369. Permit'coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary of Locks Creek, a Class C waterbody in the Cape Fear River Basin. As a result of the inspection, the facility was found to be in compliance with the conditions of NPDES Stormwater Permit NCS000369. Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Please be advised that violations of the NPDES Stormwater Permit are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff have any questions, comments, or needs assistance with understanding any aspect of your permit, please contact me at (910) 433-3394 or by e-mail.at mike. lawyer@ncdenr.gov. Sincerely, 1�� Riclh"a'el Lawyer, CPSWQ Environmental Program Consultant DEMLR Enclosure ec: William May, Power Plant Manager — ButlerAlVarner Generation Plant Terry Hai f Operations Supervisor — Butler/Warner Generation Plant Bradley B ett — DEMLR, Stormwater Permitting Program cc: FRO — DEI.._R, Stormwater Files State of North Carolina I Environmental Quality I Energy, Mineral and rand Resources Fayetteville Regional Office 1 225 (been Strca, Suite 114 1 Fayetteville, NC 28301 910433-3300 Compliance Inspection Report Permit: NCS000369 Effective: 07/01/08 Expiration: 06130/13 owner: Fayetteville Public Works Commission SOC: Effective: Expiration: Facility: BullerfWamer Generation Plant County: Cumberland 2274 Custer Ave Region: Fayetteville Fayetteville NC 26312 Confect Person: William Ace May Title: Power Plant Manager Phone: 910-2234814 Directions to Facility: System Classifications: r Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(e): On -site representative William Ace May 910-2234814 On -site representative Terry Hayner 910-223-4236 Related Permits: Inspection Date: W1012018 ntry Timer Exit Tlmo: 04:25PM Primary Inspector: Mike LawyerPhone: 910-433 3300 ExV29' Secondary Inspector(sj: 33?q Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Inspection Typo: Compliance Evaluation Page: 1 Permit: NC5000369 Owner - Facility: Fayaltaville Public Works Commission Inspection Date: 04110/2018 Inspection Typo: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection conducted to determine compliance with current/expired permit and as part of the permit renewal process. Met with William "Ace" May, Power Plant Manager, and Terry Hayner, Operations Supervisor. Discussed aspects of the draft permit including the significant changes regarding measurable storm events definition, removal of the Iron parameter from the monitoring requirements, modified tiered response process for benchmark exceedances, etc. Also discussed the annual review and update requirements pertaining to the Stormwater Pollution Prevention Plan; listing of significant spills or notation that none have occurred, re -certification that the stormwater outfall has been evaluated for the presence of any non-stormwater discharges, effectiveness of BMPs, and comparison of analytical monitoring data to benchmark values. Reviewed facility's current Stormwater Pollution Prevention Plan as well as analytical and qualitative (visual) monitoring records from 2013 through 2017. Monitoring records indicate no exceedances of benchmark values with a few records indicating 'No Flow'. Facility primarily uses natural gas for power generation with #2 fuel oil as a backup source. Facility has seven ASTs that can stare up to five million gallons of fuel oil. An earthen dike is provided around each AST for secondary containment. Drains at the fuel oil off-loading area are tied to an oil/water separator. Facility has a robust spill prevention and response plan and conducts mock exercises on a routine basis. Secondary containment is also provided around the facility's acid and caustic tanks. Reieases of accumulated stormwater from this containment structure flow into the facility's sanitary sewer system. Observations were made of the facility's 5-acre stormwater retention pond, stormwater discharge outfall and secondary containment structures. Facility appears to be very well operated and maintained.. Page: 2 2 Permit: NC5000389 Owner - Facility: Fayetteville Public Works Commission Inspection Date: D41101P018 Inspection Typo : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention flan? ❑ ❑ ❑ # Does the Plan include a General Location (LISGS) map? 0 ❑ 1113 # Does the Plan include a "Narrative Description of Practices"? N ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible altemetives to current practices? ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ ❑ # Does the Plan include a BMP summary? ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)7 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ❑ ❑ ❑ . # Does the Plan include a list of Responsible Party(s)? E ❑ ❑ ❑ # Is the Plan reviewed and updated annually? N ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ 110 Comme t: Analytical Monitoring Xgg No NA NE Has the facility conducted its Analytical monitoring? N ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Permit and Outfalls res No NA NE #. Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑ Comment: Page: 3 ROY COOPER fey . r ;MInrA L"-! REGANI _ _ w� "W.ILL;IAiVI E `(TOBY)�VINSON Jlt., 9Y � inrartw LAnc1�i� and Laritl'R�sourcas �"`�'` "' ENV;ROMMENTAL OVALITY March 14, 2d18' IVIr.INilfiam�Ace May- Fayetteville PublicWorks `Commission. ,Butler/Warrter'Genera'tion,,Plant , 2274 Custer.Avenue `Fayetteville, NC 28312, Subject: Di•aft;:NPDBS StormWater`Permit Permit No. -NC500 65 Y Butler/vti/arngr Generation' Plant: !Cumberian&County Dear Mr-.m hddted.with this letter is a copy of the draft-stormwatee permitxfor your'facility. Please review :the draft!carefuilytmensure thorough, understarfding'of tfie tonditions and requirements it .contains. TheAraft penthk contains the following,significarit changes from the facility's cu"r.rent"pe"rmit is You are;requireii t&collect-analytical and qualitative monitoring.sa"m01esi:606A' "measurable;storm eiienti7 as.Aefined,i'n,'p ;iii;'Section K, ` hIs'term is'differerit-frorn-the, representative storrh event" in earlier permits: 2. Regiiirements for the'.Stormwater Pollut ort.:Pfan F(SPPP) have been updated i'ri Part II Section A. _ 3. Mor itoriiig-requirements'inl,:the-draft permit'liave;,chariged:slightly. Morjitoring W required for TSS.and pH: After review of monitoring -Ma from the,past i£l years the' results for iron `(l:ej,;have remained'well;be16W thej, pifeviouslyestab lished benchmark,level.. The draftv&mit proposes', o removethis parameter. Comments from Qur regional staff pr other Information may result in mairitaining'iron if it is'apparent that your'activitie§'in someway have tl e-potential to reiease thWpoltutant. Stormwater-b.enchmarks remain iri 'ihe`permit as'beforc.'Keep in mind tFi fbenchmarksare,noi%permit limits,, butratFier gu'idOlhes foOJMplementing the 5tormwater Poll ution'Prevention° Plari'(SPPP). A benchmark` e"xceedancers'not a permit violation;:however, the,permittee must 'respond1to "Stale of North Carolina j, &afionm"W Quality j Fni*Sy: MlewW and Laid Raouidii 1512MalService.Cemer'j SI2A'uetti'Saliiibuty5treet J''Ril ji ;,NC27G99.1612 M9,707 920D .T i vxcii dan'ces.. The,'drat permitha 's 'rfiddified the Iiered response-p ­!6cess for benchm.a.-rk.. exc0e.d.ance-s iAiith! bth0r'0eiffiits. in our prograff., Please . lease become familiar with 'the,ti.e.re.46ro'cess as.pt6pei'r- response under -the , tiers . may be enforceable forteable items under - your permit.. ResVbrfte to the.tiere&pr9ppsvm4y include t.#ViOW-df,.-orisite conditions, f .insipilation"o `BMP,t bi'requirements for-r.riore frequen -k Vehicle m a int6h afhdd.(Tp ble,s:4,,, &_ monitoring- parameters have beep �Teylsed. Non -Polar? Oil A,GretsC [EPA Method 16.64:(S_Gf-'_H HEM}] . feplk6t Oil & Greas q/TPH.. The benchmark -for Ni5h.'OblaeL0114.6rease using this methbd'is 15 Mg/L. Thl;k,,rpq6irement app ears lihdiVidiial stdrmwaier vdrmfts; however, it only applies.to facM1i&ihai-0e6rrn ohiifo vehi-c'l-e'ryiainteiiance,activities:, Ifthe,,f6tility.'begihs-vehi..Cl.e.,,mainte,nancd,dueiqg thO 0qr1mit. *lethe re'quirementsAshall aop'fy. Als"o,.'OH monitoring1s'no longeirre'40)tLed fdr. discharges o.nly'asspjcipted Withy0hide.4halriteriance activities:- 5. Langge has been added under` Part II Section D to, address ;Y&OMW irbio6rises,to qualltailve'monitddn# Isstidt. .6.. ...kne.w-sedidn..�n tpeWk6hditiops has'been added -in Net ll, S'Odi6ri E.-to. comply Whh' zf ' edera[l.r.,6gul'a"tionsreqyirl'n'g!.e.lectrp6.lqsu.bni[ttalof'dlsttarg,e�hio.nito.ri.ngrepomris. Our Lilecttonic.sU6mitt'6i'Oeoc.e-sls,is not-avaiila'ble4or use"at this tiffii,,twi,we will continue'tO' proVJd6A-6dbpi:k on when4liis process will'biLi4lml4ble. 7. "Civil aiwjiklmlnlstrai�e.�" pen L a It—y-amiountg�haiVe.be6n updpfe0qref1ecfcurr.ent (edor'-a i and (g). Pleate.'e6ldW,theid'raft pqrmit,and.,subehit any e'dinhients tome no laterthpn-.3o days following- ,v6delritolpt of deaft�-, ComrifOnU',friay b6 6rnAi1.e4_to me�at�bii'dliV�"L66&itO'ncd6nr.kovpr Water Permitting Progearri, 12"Service Center;-, bigiledTto,.my.,Oi�e.n't'lon'a.t NC.DkMLRi-StdfMMail" ft7aloigk NC, -Z7699�1612. With this fidtificationthe I)Msion,wiltsollcit eoivirr4ht-oR�this.ldraff by 0 `newspaper: .441J.shJ.n&aAotlte:1n A local newspa " e.'FollovVin comment period, the the��.O day pbblic c pkvisliqn v.ill revievv -cohirh6hff4hd take appropriate action ,prior to issuance of the final perm tit, j.f,.YAu,hav61anV," i'- me,..orcall.me av(919) 8076,6392. quest ons, p -Sifteerely, Bradley Bennett .'Siorinwater Pe' rmhti6pr geam Attachment: Draft Peftit NCS0100569 cc:' Tim taBdUbty6EMLR"Fpye0jle kegionaI Office — via email .5tdffhWat0. Pettrijqing Program Files NCS000369 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carol' 4Ge e 143-215.1, other lawful standards and regulations promulgated and a North Carolina Environmental Management Commission, and th Water Pollution Control Act, as amended, le EdblidWd ks Commission is hereby authorized' tssFW stormwater from a facility located at ButlerhWarner Generation Plant 274 Custer Avenus Fayetteville, NC Cumberland County to receiving waters designated as UT to Locks Creek a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1,11, III, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [May 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [April 30, 2023). . Signed this day [May 1, 20181. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000369 DRAFT TABLE OF CONTENTS PART I - INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMIT IO OR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Section B: Analytical Monitoring Requi Section C: On -Site Vehicle Mainten e o ring Requirements Section D: Qualitative X irements Section E: Special Cond PART III STANDARD CCT1 I �� ONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply E1 Permit No. NCS000369 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements 16 Section C: Operation and Maintenance of Poll n ols 1. Proper Operation and Mai nce 2. Need to Halt or Reduce N nse 3. Bypassing of Stormwaj&fjjhLntr acilities Section D: Monitoring and Records 1. Repres tativ mli 2. Recor es is 3. Flow e e s 4. Tes roced . 5. Re �C en ve Outfall 6. Rec etention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000369 DRAFT PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES. stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N01) 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 recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000369 DRAFT �1' a <� t�`t S� 11"1 r � (� �' 2J a ��, � � y r� ',,� � ���. ,, 1 r � � •r� AL Butler/ YY amer ..' T• i'+, kr « ^i .' , sty ? Generation Plant f' 11•� _ �� I `' I 1� i '�r A' - "i' 3�{-f.° (P: ✓i �t; +J, �p 4 k . ... �14 1 ' i •tx r J ,1� r t a !L �f 1 �., '•, r -1 �k1• r t,.n ti '�.i '.� lN. `�► jr 71 y {{jyxyx, 1 ,% t'€'1'•-v,G'=.:...., �5 j,.� / nw.c :.� , �. 1, r + t Latitude: 350 45' 63" N i NCS000369 Facility Longitude: 78' 50' 41:5" W County: Cumberland Fayetteville Public Works Stream Class: C Commission — Butler/ Location G Warner Generation Plant ;- Receiving Stream: UT to Locks Creek Sub -basin: 03-06-15 (Cape Fear River Basin) effOtth Not to Scale Part i Page 2 of Permit No. NCS000369 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part Il Page 1 of 12 Permit No. NCS000369 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater 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. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management. Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage a r' ls; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals: and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs PartII Page 2 of 12 Permit No. NCS000369 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Goad Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year Qanuary to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part II B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part II Page 3 of 12 Permit No. NCS000369 DRAFT personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or, configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated far the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here; httl2:.//deq.nc.gov/about/divisions/energy min-eral-1 nd-resources/energy mine ral-land-permits /stormwater-permits/npdes-industrial-sw). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made, 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 12 Permit No. NCS000369 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (00). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Parameter Cade Discharge Gha �aciterisMcs MNV nit Measurement :reuenc j rj, 1T�, Sa a a Samp e Lgcatian 530 Total Suspended Solids (TSS) MgZL semi-annual Grab SDO 400 pH standard semi-annual Grab SDO 46529 Total Rainfall4 inches semi-annual lRain Gauge I - Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. Drawing down the level of water in the onsite pond via manual release in preparation for a large storm event such as a hurricane or in preparation for maintenance is allowed in order to preserve pond integrity. In this case analytical sampling must be done within the first 30 minutes of manual discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 111, Section E). However, for purposes Part ll Page 5 of 12 Permit No. NCS000369 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first $aMple with valid results within the monitoring period. Table 2. Monitoring Schedule Semii-Annual Manitoring EventSIAR0=((!APalliPYXeaM=rsII30�E(All� Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes:. 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' or "No Discharge" within 30 days of the end of the sampling period. 3 Monitorine periods remain consistent through the hermit term and through the renewal process. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values 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, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring Dischar a Char�actcrlstics Units Ben hmark Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part II Page 6 of 12 Permit No. NCS000369 DRAFT If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at an outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the 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 and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flom' to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional saii�pling parameters or frequency. 5. Maintain a record of the Tier Two response in the•SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. If. The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analvtical results: Then: The Division may but is not limited to: require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; 0 require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. PartIl Page 7 of 12 Permit No. NCS000369 DRAFT SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runofffrom vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Parameter CadeImErLeLcluencir1 Discharge GharaGteristics Units Measurement Sample , 'e2 Sample Lo :aClan� 552 Non -Polar Oil & Grease by EPA Method1664SGT-HEM mg/L semi-annual Grab SDO 530 Total Suspended Solids m L semi-annual Grab SDO 46529 Total Rainfall4 inches semi-annual Rain gauge - -- New Motor Oil Usage 1 gallons/month 1 semi-annual 1 Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (00) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table S. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tired program. See description of tiers and required response in Part 11 Section B. Part ll Page 8 of 12 Permit No. NCS000369 DRAFT Table S. Benchmark Values for Vehicle Maintenance Analytical Monitoring Dischar a Characteristics nits mg/L Benchmar 15 Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) Total Suspended Solids mg/L 100 TSS [HQW, ORW, Tr, and PNA) mg/L so SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. � ti Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is,required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must he monitored (See Definitions). 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 6. Qualitative Monitoring Requirements Discharge Characteristics Freque c- ��H Monitoring Locatio 2 Color semi-annual SDO Odor. semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Part 11 Page 9 of 12 Permit No. NCS000369 DRAFT Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal'process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. . If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) • Section D. (6.) • Section E. (1.) • Section E. (2.) Signatory Requirements Records Retention Discharge Monitoring Reports Submitting Reports Part I1 Page 10 of 12 Permit No. NCS000369 DRAFT 1. Reporting Requirements FSRnnlements Section E. (1.) and Supersedes Section E. Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Now to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved PartII Page 11 of 12 Permit No. NCS000369 DRAF r reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: N 3. Signatory Requirements [Supplements Section B. (3.l (b) and Supersedes Section B.B. f3.) fdllfdll All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part 111, Section B. (1)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on niy inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonmentfor knowing violations." The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part 1I Page 12 of 12 Permit No. NCS000369 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and 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 stormwater discharges from the operation of the industrial activity. Day to Comniv The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b) (8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000369 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 31B or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)1. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $257,84B [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000369 DRAFT Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1SOB-23]. Duty to Proyjde Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 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 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 [40 CFR 122.41]. 11. Onshore or OffshorgCongsruction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Day to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 12S1 et. seq. Part III Page 3 of 9 Permit No. NCS000369 DRAFT 2. Transfers This permit is not transferable to any Iperson without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA (40 CFR 122.41(1)(3),122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Si naE toffy Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure longterm environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign 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 [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well -or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part I Il Page 4 of 9 Permit No. NCS000369 DRAFT d. Certification. Any person signing a document under paragraphs a, or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification 140 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of f nes and imprisonment for knowing violations. " 4. Permit Modification. -Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 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 permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring.Eep 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)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Qperation 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 permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. 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 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part III Page 5 of 9 Permit No. NCS000369 DRAFT c. The permittee submitted notices as required under, Part II[, 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 measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurgmeills Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall he 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 permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. PartI II Page 6 of 9 Permit No. NCS000369 DRAFT 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall he submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (bttp jjdeg.nc.govjabau jdivisions jenergy-mineral- Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part III Page 7 of 9 Permit No. NCS000369 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 U5C 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits 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 [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shalt give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. S2& The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. B. Bypass Notice [40 CFR 122.41(m)(3)1: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 8 of 9 Permit No. NC5000369 DRAFT 9. Twenty-four Hour_Reportin� a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 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 [40 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency . Response personnel at (800) 662-7956, (B00) B5B-036B or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122,41(1)(8)]. Part III Page 9 of 9 PART IV DEFINITIONS Ash See Clean Water Act. NCS000369 DRAFT PERMIT Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse welthelooes not exempt the permittee from having to file a monitoring report in accordance with e s ng schedule. Adverse events and failures to monitor must also be explained and repod o e levaWMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. allowed in the stormwater conveyance system a. All other discharges that are authorized b. Uncontaminated groundwater, found On chemicals, springs, dischargesZM1 flushings, water from fo ting c. Discharges resultingf m re 4. r discharges which shall be o water NPDES permit. -conditioner condensate without added potable water, waterline and fire hydrant riparian habitats and wetlands. ;hting training, or emergency shower or eye wash as a result of use i ve 0 emergency. Measures or practices uffd to redq$e'the amount of pollution entering surface waters. BMPs may take the form of a procga activiff or physical structure. More information on BMPs can be found at: 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 Storaee_of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificat"f Coverage The Certificate of Coverage (CDC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. a. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director Part IV Page 1 of 4 Permit No. NCS000369 DRAFT The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. Env � The North Carolina Environmental Management Commission. 12, Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act, 14. Landfijj A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local D EMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal -Separate -Storm Sewer System CMS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge _ofStormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000369 DRAFT 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: L 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); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe -Property Darnage 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. 26. $jgnificant 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 Ill of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref. 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater Flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000369 DRAFT The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found athttps;(/deg,nc,gov/about/divisions/water-resources lanninelmodg jng- assessment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation; mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equated or exceeded, on the average, once in 25 years. Part 1V Page 4 of 4 Pages Fayetteville Public Works Commission NCS000369 Energy.1,fincrul acid kind Ri *jurc SWARON,MENTk31. OU r1.1 TY DATE: March 14, 2018 TO: (Fayetteyille,Observer] EMAIL: ROY COOPER. G,+VOM)r MICFIAEL S. REGAN $ecrelorl, W11.,LIAM E:i. (1-011Y) VINSON. JR. {aterim Amato, , FROM: Bradley Bennett, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Moiida P. Y� March l9,-2018. Please fax a copy of the proof to Laura Alexander at (919) 807-6368 for final approval priorit publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Laura Alexander NCDEQ/DEMLR 512 N. Salisbury St. 1612 Mail Service Center Raleigh, NC 27699-1612 NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit is invited. Submit written comments to DEMLR at the address below. All comments received through April 18, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Application: Butler/Warner Generation Plant, 2274 Custer Avenue, Fayetteville, NC 28312 has applied for an NPDES permit renewal to discharge stormwater from an industrial facility at this address in Cumberland County. The facility discharges to a UT to Locks Creek in the Cape Fear River Basin. Permit NCS000369. Stormwater Program Contact: Bradley Bennett (919) 807-6392 bradley.bennett@ncdenr.gov A copy of the draft permit is available at: http://deq.ne.gov/about/divisions/energy-mineral-land- resources/events. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 State of Narlh Carolina I Environmental Quality I Energy, Mineral, and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. [ Raleigh, NC 27699 919 707 9200 T Bennett, Bradley From: Ace May <ace.may@faypwc.com> Sent: Monday, March 12, 2018 3:28 PM To: Bennett, Bradley Subject: RE: [External] RE: Contact for Stormwater Permit Renewal Attachments: Storm Water Reports from 2012.xlsx Mr. Bennett, I have answered the questions below in yellow. Also we are now listed as "Fayetteville Public Works Commission". None of the discharges on the spreadsheet were manual. Let me know if you need anything else. • Have there been any substantial changes at the facility, either construction changes or process changes, that could impact stormwater runoff? IVo. • Could you provide an updated summary of your monitoring results since the renewal application (2013 — 2017). ;4ttachedrspreadslieet • Is the site plan from 2013 still accurate or is there a new one. Yyes t issaccurate • Can you provide us with the latitude / longitude location of all outfalls? We will need this as we move toward federally required electronic reporting of monitoring data. (1 Outfallj; k35°05'46 6 N ,78°4948 OS",W Thanks, 74e IlWv ' Power Plant Manager Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 From: Bennett, Bradley [mailto:bradley.bennett@ncdenr.gov] Sent: Friday, March 09, 2018 9:02 AM To: Ace May Subject: Re: [External] RE: Contact for Stormwater Permit Renewal Great, I'll try and call you on Monday when I'm back in the office. I'll call around 2:00 if that is okay. BB Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: brad ley.bennett(d_ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Ace May <ace.may@faypwc.com> Sent: Friday, March 9, 2018 7.10 AM To: Bennett, Bradley Subject: RE: [External] RE: Contact for Stormwater Permit Renewal Mr. Bennett, I am pretty much available any of those days. Monday afternoon then Tuesday and Wednesday most any time. Thanks, W,m 0,4ar, Power Plant Manager Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 *S I ME 01u1V UTIUTY` V _r. The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage caused by any virus transmitted by this communication. From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov] Sent: Thursday, March 8, 2018 2:54 PM To: Ace May Subject: RE: [External] RE: Contact for Stormwater Permit Renewal Thanks for responding Mr. May. Would there be a time next week when we can talk about the permit renewal? Since it has been a while since your renewal application (2013) I'd like to get feedback from you on some things. For example: • Have there been any substantial changes at the facility, either construction changes or process changes, that could impact stormwater runoff? • Could you provide an updated summary of your monitoring results since the renewal application (2013 -- 2017). • Is the site plan from 2013 still accurate or is there a new one. • Can you provide us with the latitude / longitude location of all outfalls? We will need this as we move toward federally required electronic reporting of monitoring data. • I'd also like to talk a little about the pond you have onsite. I have read through some things in the file, but I think it would help to discuss this. For next week I will most likely be available Monday -Wednesday if any of those days work for you. Thanks BB From: Ace May [mailto:ace.may@faypwc.com] Sent: Thursday, March 08, 2018 10:18 AM To: Bennett, Bradley <bradle .bennett ncdenr. ov> Subject: [External) RE: Contact for Stormwater Permit Renewal Mr. Bennett, I am the contact for the Strom water Pond Permit Renewal, Permit #NCS000369. Thanks, W.� My, Power Plant Manager Fayetteville Public Works Commission Butler -Warner Generation Plant Phone (910) 223-4814 Fax (910) 483-6680 _XXV%U_ ��liGS 11i lJ 6C]l�ftV LJ'1'lt.t'CY The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage caused by any virus transmitted by this communication. From: Dale Lee Sent: Wednesday, March 07, 2018 12:39 PM To: Ace May Subject: FW: Contact for Stormwater Permit Renewal From: Bennett, Bradley[maiIto: brad ley. ben nett(ancdenr.govl Sent: Wednesday, March 07, 2018 9:47 AM To: pwcgeneration Subject: Contact for Stormwater Permit Renewal I'm with the Department of Environmental Quality in our Stormwater Permitting Program. I am working on a permit renewal for the Butler/Warner Generation Plant that was started quite awhile ago. The permit number is NC5O00369. I was trying to find the best contact person to discuss this permit renewal. If you could forward this email along to them and have them contact me I would appreciate it. Thanks Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax; (919) 807-6494 1612 Mail Service Center Email: bradley.ben nettOncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws 3/7/2018 Precipitation Frequency Data Server NOAA Atlas 14, Volume 2, Version 3 FAYETTEVILLE Station ID: 31-3017 Location name: Fayetteville, North Carolina, USA' Latitude: 35.0583°, Longitude:-78.8583° Elevation: Elevation (station metadata) 96 't' source: ESRI Maps -'source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES G.M. Bonin, D. Martin, B. Lin, T. Parzybok, M.Yekta, and D. Riley NOAA, National Weather Service, Slver spring, Maryland pf_t u ar i PF _gmp ica i f aps &-eria s PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Duration Average recurrence interval (years) 5-min ����� ���� 10i71in 0.888 0.813 0.952 1.06 1.18 1.27 1.36 1,45 i.56 1.ti4 (0.623-0.765] (0.735-0.903) (0.861-1.06) (0.952.1.17) (1.06.1.30) (1.14-1.40) (1.21-1.50) (1.28-1.59)(1.37-1.71) (1.43-1.80) 15�1tin 0.860 1.02 1.21 1.34 1.50 1.61 ) 1.72 1.83 1.96 2.05 (0.779-0.956) (0.924-1.14) (1,09-1.34) (1,20.1.48) (1.34-1.65) (1,44-1.78 (1.53-1.89} (1.62-2,01) (1.72-2.15) (1,79-2.26) 30{tlin 1.18 1.41 1.71 1.94 ) ( 2.22 } 243 ) ( 2.64 214 ) ( 3.12 3 33 (1,07-1.31) (1.28-1.57) (1.55-1.90) (1.74-2.14 1.99-2.45 (2.17.2.68 2.35-2.50} (2.52-3.12 2.74-3.42) (2.90-165) 60-ttlin 1.47 1.77 2.19 2.52 2.95 3.29 3.63 3.99 4.47 4.85 (1.33-1.63) (1,60-1.97) (1.98-2.44) (2.27-2.79) {2,65.3.26} (2.94-3.62) (3.23-4.00) (3.53-4.38) (3.93-4.91j (4.24.5.33) 2-hr 1.71 2.08 2.63 3.06 3.64 410 4.57 5.05 5.71 623 (1.52-1.99) (1.84.2.41) (2.32 3.04) (2.70-3.53) (3.19-4.20) (3.58-4.73) (3.96-5.27) (4.36-5.82) (4.88.6.58) (5.28-7.18) 3�1r 1.82 2.21 2.80 328 3.95 4 50 5.07 Kul 6.52 721 (1.62-2.12) (1.96-2.56) (2.48 3.24) (2.90-3.80) (3.46-4.57) (3.92-5.20) (4.38-5.86) (4.87-6.55) (5.54-T.53) (6.05$.31) 6�r 2.17 2.64 3.35 3.93 C74 5.41 ) ( 6.13 6.88 } 7.95 8.82 (1.94-2.47) (2.35 2.99} (2.98-3.80) (3.49-4.46) (4.18.5.37) (4.74-6.12 5.32-6.92) (5.92.7.75 (8.75.8.95) (7.41.9.92) 12-hr 2.56 3.11 3.97 4.6$ 5.69 6.53 7.43 ) 8.40 ) 9.80 11.0 ) (2.29-2.90) (2.77.3.52) (3.53-4.49) (4.14-5.28) (5.00-6.40) (5,70-7.32) (6.43 8.31 (7.19-9.37 (8.27-10.9) (9.13.12.2 24-hr 3.02 3.66 4.69 5.52 6.69 7.64 ) 8.65 9.72 11.2 12A (2.82-3.26) (3.41.3-96) (4.36.5.07) (5,12-5.96) (6.17-7.21) (7.02-8.24 (7,91-9.33) (8.84-10.5) (10.1.12,1) (11.2-13.5) 2�lay 3.49 4.22 5.36 628 7.57 8.62 9.73 10.9 12.5 13.9 (3.27-3.76) (3.95-4.54) (5.00-5.76) (5.84.6.75) (7.00-8.12) (7,94-9.25) (8.90-10.4) (9.92-11.7) (11.3-13.5) (12.4-15.0) 3-day 3.71 4.48 5.65 6.59 7.90 B.97 10.i 11.3 12.9 142 (3.47-3.98) (4,19-4.80) (5.27 6.05) (6.13-7.05) (7.32-8.46) (8.28-9.60) (9.26-10.8) (10.3.12.1) (11.7-13.9) (12,8-15.4) 4�ay 3.92 4.73 5.93 6.89 8.24 9.32 10,5 11.B 13.3 i4.6 (3.68.4.20) (4.43-5.06) (5.54.6.33) (6.43-7.36) (7.65-8.80) (8.62-9.96) (9.61-11.2) (10.7-12.5) (12.1-14.3) (13.2-15-7) play 4.55 5.48 B-78 7.82 9.25 10.4 11.6 12.8 14.6 15.9 (4.26-4.88) (5.11-5.85) (6.32-7.26) (7.29-8.36) (8-69.9.90) (9.64-11.1) (10.7-12.4) (11.8-13.8) (13.3-15.7) (14.4-17.2) 10�1ay 5.21 8 24 7.61 8.68 1 Q.1 11.3 12.5 13.7 15.3 16.6 (4.90-5.55) (5.86-0.64) (7.13-8.09) (8.12-9.22) (9.45-10.8) (10.5.12.0) (11.5-13.3) (12.6-14.6) (14.0-16.4) (15.1-17.8) 20{lay 7•Q1 8.33 9.99 11.3 13.1 14.5 15.9 17.3 19.3 20.8 (6.62.7.45) (7.86-6.86) (9.41-10.6) (10.6-12.0) (12.3-13.9) (13.5.15.4)(14.8-16.9) (16.1 18.5) (17.B-20.6) (19.1-22.3) 30-day 8.74 10.3 12.2 13.6 15.-5 i7.D 1$.4 19.9 (8.26 9.26) (9.77-11.0) (11.5-12.9) (12.8.14A) (14.6.16.5) (15.9-16.0) (17.2.19.6) (18,5-21.1) (20.2-23.3} (21.5 45 day 11.1 13.0 15.1 16.7 18.8 20.4 22.0 23.5 2- .6 27-1 (10.5-11.7) (12.3-13.8) (14.3-16.0) (15.B-17.7) (17.8-19.9) (19.2.21.6) (20.6-23.3) (22.0-25.0) (23.9-27.2) (25.2-26.9) 60 aay 13.3 15.6 17.9 19.7 22.0 23.7 25.4 27.0 29.2 30.8 (12.6-14.0) (14.8.16.4} (17.0-18.9) (18,7.20.7} (20.&23.1) (22.4.25.0) (23.9 26.8) (25,4-28.5) (27.3-30,9) (28.8 32.6) h Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence Interval) will be greater than the upper bound (or less than the lower bound) Is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Ol� .JO 10 25 Q 100 200 50D 7000 D.431 0.509 0.595 0.680 0.740 0.799 0.85T 0.913 0.983 1.04 (0.390-0.479} (0.460-0.565) (0.537-0.860) (0.595-0.732) (0.684.0.818) (0.715.0.881) (0.783-0.943) (0.809-1.00) (0.864.1.OB) (0.907-1.14) httpsJfidsc.nws.noaa.govlhdscJpfdslpfds_printpage.html?stWnc&sta=31-3017&tfata=depth8units=english&series=pds 114 0500030 j3a�6r -"Yvvr ?pwr. P4. f - F-my Pio4 ^ cat 3 /'i /l 0, - ewe,;( y „O . A&,;k r SPr er �s 1 IRT I j lb S1" ::PW4, yr CM4,&r 946tvs, •` E +' � Law y-ter - 3/ 7 3)9 h o - 't IL".j ,." ; I tom' � a its l(e IMay (910) 3.?3-11814 L* Yu lrj e.�C- ,s 5)lntr �s' 5w�P-+ # 1 Lip sAftOJ 66J- 6 64,41) 21)1.2 IJF WA r Sc �j, c,<,,� of �. K � S .. ce `♦ d�ts�.� s� �S yr py,,,a a Ko+ �� N�� +iJ F,r s4SS ) nLtl) A S;k NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DEMLK hasibe following contact inforafitiog lUur Permit Database for your hermit as of 31712018. Permit Number: NCS000369 Permit Type: Stormwatet Discharge. Individual Facility Name. SuflgrIffla-rnet-Genention Plant Facility Addresst: ft±Ut=ff:ft 2eZ714 CJAI;TM AVC &;k 1-1 L") Facility Address2-. City, State & Zip: Fayeftdk NC 2.133%2— Owner Informallgli Details: Owner Name: JjWer FAyE-nTVf6Lr PUWC. WOKKS Owner Type: ion-GovQmment Owner Type Group: QManlzatlon Owner Affiliation': w1w./AA AGE AAAY Title: 'PE)der- ?,0k0T- MAOA4M Addressi: E!Q Box 108 Address2: City, State & ZIP: Fmttey&1je. NE 28302-1089 Work Phone: q I Fax: q IV 4'8 OW7 0 Email Address: Billing Month: March lnvoigq Number Invoice Data Invoice Due Date Invoice Amount Invoice -Status 2018PROO1D94 216/2018 3/B/2018 $86D.00 Open 0ci LO­ 6 M"011'_n;(1_ Contact Name Ift Addrs Phone 6ci ;uqn(s) CRatect Name INS - Address Phone E" EBlilll Contact Name fl Adler MIMI f" 9011IR PAO (41 N., Aer MA Y �U rf 2 U a Permit 61111notontad Contact Name M j%ddress Phone BIX ZMAU Alien A WONSCe PC, WwL FL" At" PO Box 1089, Fayetteville, NC _040463-692!6 ACC Mk.y28302-1089 9 10 -Z.Z3 /7/2016 Page Fayetteville Public Works Commission NCS000369 Date Flow Total Rainfall PH TSS Fe (Iron) June,2012 None N/A N/A N/A N/A Dec, 2012 Yes 2.1" 9.41 6.4 0.405 June, 2013 Yes 3.8" 6.77 7.3 0.505 Dec, 2013 Yes 1.7" 7.6 14 0.306 June, 2014 Yes 3.0" 6.48 23.4 0.2 Dec,2014 None N/A N/A N/A N/A June, 2015 Yes 3.3" 6.25 10.6 0.304 Dec, 2015 Yes 2.8" 6.16 2.9 0.2 June, 2016 Yes .5" 6.31 8.6 0.26 Dec, 2016 Yes 1.2" 6.4 6.6 0.2 June,2017 None N/A N/A N/A N/A Dec,2017 None N/A N/A N/A N/A North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper Secretary Susi H. Hamilton NCNHDE-5548 March 12, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: Butler/Warner Generation Plant; NCS000369 Dear Bradley Bennett: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species,- important natural communities, natural areas, or conservation/managed areas within t e proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney. butleQ ncdcr. gay or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone_ t919) 7U7-8107 LOCATION. 1651 Mail Service Center www.ncnhp.org 121 West Jones Street Raleigh, NC 27699-1651 Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area ButlerlWamer Generation Plant Project No. NCS000369 March 12, 2018 NCNHDE-5548 Element Occurrences Documented Within a One -mile Radius of the Area Dragonfly or 33740 Somatochlora georgiana Coppery Emerald 2004-Pre H? 5-Very — Significantly G3G4 S2? Damselfly Low Rare Dragonfly or 33780 Stylurus ivae Shining Clubtail 2004-Pre H? 5-Very --- Significantly G4 S2S3 Damselfly Low Rare Freshwater 26072 Elliptio marsupiobesa Cape Fear Spike 2000-10-13 E 3-Medium -- Special G3Q S2 Bivalve Concern Freshwater 29605 Villosa delumbis Eastern Creekshell 2001-01-11 E 3-Medium --- Significantly G4 S4 Bivalve Rare 0 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at Laps;Urrcnhde.riatureserve.orglcontentlhelo. Data query generated on March 12, 2018: source: NCNHP, Q1 January 201 B. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 -6� a (a E-L c 0 , P 2 4) r_ (L) 0 L. a L- 9 " ia) 4-0 :3 co 66 Ul LO LL 0 3: z (.) z ... . . . . .,., � � . '' ..... , .�, �,...,;..,., "... 0 ce) .8,,�,,� a1►s1�3 WILSON A. LACY, COMMISSIONER PUBLIC WORKS COMMISSION 955 OLD WILMINGTON RD MICHAEL G. LALLIER, COMMISSIONER P.O. BOX 1089 WICK SMITH, COMMISSIONER OF THE CITY OF FAYETTEVILLE FAYETTEVILLE, NORTH CAROLINA 28302-1089 LYNNE B. GREENE, COMMISSIONER TELEPHONE (910) 483-1401 STEVEN K. BLANCHARD, CEO/GENERAL MANAGER ELECTRIC & WATER UTILITIES WWW.FAYPWC.COM Sutler -Warner Generation Plant February 7, 2013 Mr. Bradley Bennett Stormwater and General Permits Unit Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, N.C. 27699-1617 Subject: Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application Dear Mr. Bennett On behalf of the Public Works Commission of the City of Fayetteville, N.C., I have attached the permit application renewal form for the subject stormwater permit. I have also attached the supplemental information and certification forms required. If you should have any questions, please contact me at (910) 223-4814. Sincerely, Public Works Commission William C. May Interim Power Plant Manager BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER or t'LKIVII'l CUUV!_.KA6t _ RENEWAL APPLICATION FORINI Permit Number Natio.iol Pollutant Discharge Elimination ;;ystein NCS000369 Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED S UPPLEMLNTA 1, INFORMATION'ro TIE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000369 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: [SUTLER Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: ©UTLERIWARNER GENERATION PLANT Facility Contact: Facility Address: SR 1723 CUSTER AVE FAYETTEVILLE. NC 29301 Phone Number: Fax Number E-mail address PERMIT INFORMATION Permit Contact: ALLEN R WALLACE Mailing Address: PO BOX 1089 FAYETTEVILLE, NC 28302 Phone Number: 4+046ii 2 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Cuss: 13a."in: �t h-Basin ft. Number of uutfalls: CERTIFICATION Public Works Commission of Fayettevil Allen R. Wallace P.O. Box 1089 (910) 223-4813 _. (91 0 )-9 8 3-.6fz$0 , -- ceggie-wallarePfay,pwc.cOm 2274 .. rURtPr AN7pni7P >~ay t•revillel NC__2R312_ ( 910 )_ 2 233 — 4 R 1 3 _ (9-1 0 r__eq_s3i allace@faypwc.com (910) 2 2 3 — 4 813 ( 910) 483-6680- reggJe wa11are@fay=wr_.com Locks Creek C-- -..--- - - ---C a -fie. Fear River..-..---.. I certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature \K0 L"Ce T Date Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: A#-eu Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Facility Name: Permit Number: Location Address County: a s a v a u STORMWATER POLLUTION PREVENTION PLAN DEVELO' OWNT,ANDLIMPLEMENTATION CER° ,Itit I TON North Carolina Division of Water Quality - Stormwater Permitting Unit 'SXA-r-I y,+ P4.t"?— 2' -"N C.USTE►z AVi` FAYE'-9-EVIL-4e,, /VG 2eX(Z C UM acrLLrWD 1 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, true, accurate and complete." And 1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature A&�� W 1. "4-vl-e.�-,l � 0.ce Print or type name of person signing above Date :moo-ye.r �l �ax�E'. i�a. rtiag e � Title SPPP Certification 5/09 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. t� 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. �- 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. NCS000369 Public Works Commission of Fayetteville Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC Cumberland County Analytical Date Event Rainfall TSS Iron Date Tvoe "inches" ma/I mg/I PH Outfall Visual Solids Solids Erosion Color Odor Claritv Floating Susaended Foam Oil Sheen Deposition 9/5/2008 Manual 0 5.8 0.1415 7.94 1 Light Brown None 2 2 1 No No No 9/6/2008 Discharge 6.1 22 0.235 7.5 1 Light Brown None 2 2 3 No No No 3/1/2009 Discharge 3.3 7.6 0.221 7.71 1 Light Brown None 1 1 1 No No No 12/9/2009 Discharge 1.2 6.8 0.217 7.69 1 Light Green None 3 1 3 No No No 1/17/2010 Discharge 2.1 7 0.308 7.84 1 Colorless None 2 1 1 No No No 7/25/2010 No Flow 0.45 n/a n/a n/a 1 Light Green None 3 2 2 No No No 2/2/2011 No Flow 0.5 n/a n/a n/a 1 Light Green None 3 1 3 No No No 8/26/2011 No Flow 1.7 n/a n/a n/a 1 Light Green None 2 1 1 No No No 1/10/2012 No Flow 0.2 n/a n/a n/a 1 Light Brown None 2 2 2 No No No 8/2/2012 Discharge 2.1 6.4 0.405 9.41 1 Med Brown None 4 2 2 No No No Fayetteville Public Works Commission Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC 28312 NC5000369 Best Management Practices Bulk Fuel Tank Storage and Secondary Containment All secondary containments are inspected and logged before releasing rainwater; also the closure of the valves used for the release is logged. Debris are cleaned from secondary containment areas where applicable. Fuel unloading Skid The fuel unloading skid is equipped with secondary containment. The storm water drains for this structure have been equipped with valves in the drain lines to prevent unauthorized discharges of rainwater. These valves are opened only to drain excess rain water. This containment area is treated as all other containment areas and is inspected before release and is logged as well, including the closure of the valves. Fuel Oil Tank Inventory Fuel tank readings are taken and recorded on a daily basis. These levels are entered into a database for tracking and trending purposes in order to prevent a potential leak from going undetected. Miscellaneous Tanks, Drums, Barrels and Stored Supplies Miscellaneous tank, drums and barrels are stored in containment areas. Supplies are stored near this area and potential areas where leaks might occur and near the point where the catch basins empty into the storm water pond. A vinyl boom is installed across this narrow finger of entrance point. Another boom is stored within two hundred feet of this location for quick deployment if necessary. The boom that is permanently deployed is inspected and cleaned once a year. Log Rounds Operators perform 8 log rounds a day inspecting plant equipment and looking for potential problems with equipment, leak detection, and general housekeeping issues. Fayetteville Public Works Commission Butler -Warner Generation Plant 2274 Custer Ave Fayetteville, NC 28312 NCS000369 Significant Changes No Changes There have been no significant changes in the industrial activities at this permitted site. rn FrI o Cl) 0 o < [Fwd: Re: NCS 000369] Subject: [Fwd: Re: NCS 000369] From: Kelly Johnson <kelly.p Johnson@ncmail.net> Date: Fri, 16 May 2008 09:55:58 -0400 To: Mike Lawyer <Mike,Lawyer@ncmail.net> Mike, FYI, I have talked to the applicant several times recently to tweak the wording in the footnote of his analytical monitoring. (This is the one with the 25yr pond). We clarified some things, and also made an allowance for maintenance. Here is the final permit text. KJ Keily Johnson Environmental Engineer N.C. Division of Water Quality 5tormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 Subject: RE: NCS 000369 From: "Reggie Wallace" <reggie.wallace@faypwc.com> Date: Thu, 15 May 2008 15:34:34 -0400 To: "Kelly Johnson" <kelly.p.johnson@ncmail.net> Kelly, This looks good to me. I believe we have wording that I can live with now. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant Office: (910) 223-4813 Fax: (910) 483-6680 -----Original Message ----- From: Kelly Johnson[mailto:kelly.p.johnson@ncmail.net] Sent: Thursday_ May 15, 2008 2:51 PM To: Reggie Wallace Subject: NCS 000369 Reggie, Table 1, footnote 2 now reads, "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 is designed to hold the 25-year storm, and the pond discharges in response to a rain event then analytical sampling is required semi-annually, per Table 1. If the pond does not discharge in response to a rain event during a six-month period as specified in Table 2, then analytical sampling is not required for that six-month period. Drawing down the level of water in the pond via a manual valve in preparation for large storm event such as a hurricane or in preparation for maintenance is allowed in order to preserve the integrity of the pond's berm. In this case, analytical sampling must be done within the first 30 minutes of manual discharge. Sampling does not have to occur during a representative storm event. If discharges occur less frequently than semi-annually, then this information must be documented and submitted to the Division in place of the analytical monitoring." I of 2 6/27/2008 12:55 PM [Fwd: Re: NC5 000369] KJ Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. if you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage caused by any virus transmitted by this communication. NC5 000369 Public Works Draft Permit 2008 05 15 Revision.doc Content -Type: application/msword Content -Encoding: base64 Re: NCS 000369.em1 Content -Type: message/rfc822 Content -Encoding: 7bit 2 of 2 6/27/2008 12:55 PM [Fwd: Re: NCS 0003691 Subject: [Fwd: Re: NCS 000369] From: Kelly Johnson <kelly.p Johnson@ncmail.net> Date: Wed, 14 May 2008 14:38:45 -0400 To: Reggie Wallace <reggie.wallace@faypwc.com> Reggie, This version allows for drawdown in preparation for maintenance. KJ Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 Subject: Re: NCS 000369 From: Kelly Johnson <kelly.p Johnson@ncmail.net> Date: Wed, 07 May 2008 13:20:17 -0400 To: Reggie Wallace <reggie.wallace@faypwc.com> Reggie, I just want to clarify that this is not a daily sample. You would only have to sample when you start to drawdown the 25yr pond. That should happen very infrequently (statistically, only once every 25 years). Since you want to be able to discharge more frequently than this because you are concerned that your berm will fail, I wrote the draft permit so that you have to sample every time you discharge. I got your voicemail, but I have been in and out of the office and haven't returned calls yet today. If this doesn't address your concern, please let me know. KJ Reggie Wallace wrote: Kelly, I have forwarded your latest E-mail to the folks in our Water Resources Division. They are the ones who will be doing this sampling and helping to set up the training for the sampling that is done in the field. They are to get back to me later this week with a clear commitment on how much of this can be done in house and how much we will have to contract out, an estimate of the costs and complexity of these monitoring requirements and an overall recommendation of whether we can support the additional level of monitoring that your draft policy will impose on us for discretionary releases. In my initial conversation with them they expressed the concern that this level of monitoring may be much more complicated than our staff here at BWGP will be able to handle and the daily frequency will be more of a commitment than they can support with their resources. I will get back to you with a firm answer by the end of this week. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant Office: (910) 223-4813 Fax: (910) 483-6680 -----Original Message ----- From: Kelly Johnson[mailto:kelly.p.johnson@ncmail.net] Sent: Monday, May 05, 2008 10:35 1 of 5 5/14/2009 2:39 PM [Fwd: Re: NCS 000369] �! AM To: Reggie Wallace Cc: Mike Lawyer Subject: Re: NCS 000369 Reggie, I talked this over with some people here. I think I have come up with a better approach. The issue here seems to be that you are concerned that your berm will fail if there is a big storm. The drawdown of the pond needs our permit, but as we have discussed, it doesn't fit into our normal permitting framework. So, I think that the best way to handle this is is to sample the effluent as you start to drawdown to look for the chemical parameters in the permit. If your tests indicate that your effluent is above the benchmarks, then you have to take corrective measures as defined in the permit. And, you can drawdown at your discretion in preparation for large storm events such as hurricanes. But, here is the new part. We will handle the concerns about disturbing the habitat of the stream by referencing the appropriate water quality standard (which you are subject to regardless of what the stormwater permit says). 15A NCAC 02B .0211, Fresh Surface Water Quality Standards for Class C Waters, establishes the requirements for the Best Usage of Waters as "Aquatic life propagation and maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes." violators of this standard are subject to fines up to $25,000 per day per violation. This issue has come up in wetland permitting before, and as a result the Division has a draft guidance policy on how to drawdown your pond so that you are not in violation of this standard (attached). I do not know when this policy will become final, but it should provide you with some general guidance (or to a consultant if you - choose to go that route). I have also attached the new wording for the permit as well as the cover letter referencing the Standard. From a "big picture" perspective, the fact that you do not have confidence in your berm concerns me. if your pond is designed to hold the 25yr storm, meaning that it has available capacity to hold that much water, then it should also be designed with an appropriately designed berm. That is beyond my stormwater permitting authority, but this is standard engineering practice. That may be something to consider in ensuring that you comply with .0211. Please call if you have questions, Kelly Reggie Wallace wrote: Kelly, I understand your concern and appreciate the frank and open manner in which you present it. I will try to call you later this afternoon to discuss this more. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant office: (910) 223-4813 Fax: (910) 483-6680 -----original message ----- From: Kelly Johnson(mailto:kelly_p.jo_hnson@ncmail.net] Sent: Thursday, May 01, 2008 3:35 PM To: Reggie Wallace Subject: Re: NCS 000369 Well, that was actually what I was trying to prevent. From a public perception perspective, I would be permitting you to discharge whatever, Iwhenever. This is sort of unchartered territory for us because we typically permit 2 of 5 5/14/2008 2:39 PM [Fwd: Re: NCS 0003691 facilities to discharge and sample during storms, I then if the effluent contains pollutants above a certain level then the permittee would have to take further measures. Here, this is a very different situation. I need to establish a mechanism to ensure that you Iaren't negatively impacting water quality. I suppose you could sample every time you discharge to ensure that the pollutants settled out in the pond before it was drawn down. However, I am also concerned about the potential volume of water that we could be talking about here. We I don't typically constrain the volume because stormwater flow is the result of a natural process. However, in this instance we could artificially create a situation that would degrade the habitat of the stream- I will talk with some others here about this. Kelly Reggie Wallace wrote: Kelly, I have been discussing our stormwater permit and the provision you have proposed with some of the environmental folks here at PWC. They have suggested that I investigate the testing and reporting requirements associated with simply being able to lower the pond level Iat my discretion. I had not previously considered this option, but they seemed to feel that not much additional monitoring would be required beyond what is proposed in the latest draft. is this a possibility? What additional requirements would possibly be imposed? Thanks! Reggie Wallace Power Plant Manager Sutler -Warner Generation Plant Office: (910) 223-4813 Fax: (910) 463-6680 -----Original Message ----- From: Kelly Johnson [mailto:kelly.p.johnson@ncmail.net] Sent: Tuesday, April 29, 2008 1:29 PM To: Reggie Wallace Subject: NCS 000369 Reggie, I discussed the issue regarding the need to drawdown your 25yr pond 3 of 5 5/14/2008 2:39 PM [Fwd: Re: NCS 0003691 I preparation for a large storm event with my supervisor and several co-workers. I have revised footnote 2 of Table 1 to read as follows: "If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within I I Ithe first 30 minutes of discharge. If the detention pond discharges I only I[ Iin response to a storm event exceeding a ten year design storm, then no Ianalytical monitoring is required and only qualitative monitoring shall Ibe performed. Drawing down the level of water in the pond via a manual I I valve in preparation for large storm event such as a hurricane is allowed in order to preserve the integrity of the pond's berm. In this I I case, analytical sampling must be done as specified in Table 1. This does not have to occur during a representative storm event. The permittee must document the following items, and submit this information Ito the Division along with the analytical sampling results: 1.) The drawdown date and time, 2.) The date of the expected rainfall, 3.) The I expected number of inches of rainfall, 4.) The expected number of feet II of water rise in the pond in response to the expected rainfall, 4.) The Ilevel of water in the pond before drawdown (in feet), 5.) The level 4 of 5 5/14/2008 2:39 PM [Fwd: Re: NCS 0003691 of I I water in the pond after drawdown (in feet). The pond must not be manually drawn down more than the expected number of feet of water rise Iin the pond in response to the expected rainfall. If discharges occur I II less frequently than semi-annually, then document this information I� and I I submit it to the Division in place of the analytical monitoring." This has not been done before, so I am open to ideas for improvement. Let me know what you think. Kelly Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 Content -Type: applicationlmsword SCS 000369 Public Works Draft Permit 2008 05 14 Revision.doc Content -Encoding: base64 e: NCS 000369.em1 Content -Type:, message/rfc822 R Content-Encoding: 7bit 5 of 5 5/14/2008 2:39 PM .Ab A NCS000369 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Public Works Commission of Fayetteville is hereby authorized to discharge stormwater from a facility located at Butler/Warner Generation Plant 2274 Custer Avenue Fayetteville, NC Cumberland County to receiving waters designated as an unnamed tributary of Locks Creek, a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective July 1, 2008 This permit and the authorization to discharge shall expire at midnight on June 30, 2013. Signed this 16`' day of June 2008. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000369 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability $. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers E Permit No. NCS000369 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 I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000369 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 in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part t Page I of 2 m SECTION C: LOCATION MAP Permit No. NCS000369 Latitude: 3515'17.63" N NCSO00369 Facility Longitude: M5041.53"W County: Cumberland ButlerMarner Location Stream Class: C Generation Plant Receiving Stream: UT to Locks Creek Sub -basin: 03-06-15 (Cape Fear River Basin) of f *O Map Not to Scale Part I Page 2 of 2 Permit No. NCS000369 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that 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 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 map should identify whether each receiving water is impaired (on the state's 303(d) List of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.usftmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdt/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 with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations (10) Existing BMPs and impervious surfaces Part II Page I of 10 --- � -r � - .� .r R Permit No. NCS000369 d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management.plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the techriical and economic feasibility of changing the methods of operations and/or storage.practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. - b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 (5) 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 the potential of pollutant sources to contribute Part II Page 2 of l0 Permit No. NCS000369 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 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, an oil 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 maybe 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. ' 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 that 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 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. 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. Part II Page 3 of 10 .. s ' '.y �y -. ' �' ��, ,� .. . .•hi � � a . � � Y�, I � r ., 1 }�� `�} i _� � ,•i - � •� � ,xi;� �� - - �� _ '��:� B.°�� '�i £. - _ d .. � �`� _ a _. 3 ik� `. ;� R -s.� _ e e '4, �, S N� v � _ .. - �.� .x �. ', .�..,. ,��t ti '� �� �,,�' ���, .. � - ��� .. - � � �Y.a: ..j .} ..F � � ��� .. � �� § ,'. � ` �C 7' .- 1'.e. - .. _ _ �r _ � � ' R '::�;' rf� � � �: -- �. :.rim >u. _, _ ��- � - � -i' Y. . a �.� '� .i.. prt .. - �yr�, r? 'a:. ;;i: . ' �^ '; -�:. i•."' � �'�: ..W', Y. . �_. Permit No. NCS000369 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. 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 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 authorizedrepresentative immediately upon request. Part 1I Page 4 of 10 Permit No. NCS000369 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Re uirements Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Total Suspended Solids m L semi-annual Grab SDO Total Recoverable Iron m WL semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inches, semi-annual kain 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 Table 2 for schedule of monitoring periods through the end of this permitting cycle. 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 is designed to hold the 25- year storm, and the pond discharges in response to a rain event then analytical sampling is required semi- annually, per Table 1. If the pond does not discharge in response to a rain event during a six-month period as specified in Table 2, then analytical sampling is not required for that six-month period. Drawing down the level of water in the pond via a manual valve in preparation for large storm event such as a hurricane or in preparation for maintenance is allowed in order to preserve the integrity of the pond's berm. In this case, analytical sampling must be done within the first 30 minutes of manual discharge. Sampling does not have to occur during a representative storm event. If discharges occur less frequently than semi-annually, then this information must be documented and submitted to the Division in place of the analytical monitoring. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part II Page 5 of 10 Permit No. NCS000369 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring periodt'Z Sample Number Start End Year 1 — Period 1 1 July 1, 2008 December 31, 2008 Year 1 — Period 2 2 January 1, 2009 June 30, 2009 Year 2 — Period 1 3 July 1, 2009 December 31, 2009 Year 2 — Period 2 4 January l; 2010 June 30, 2010 Year 3 — Period 1 5 July 1, 2010 December 31, 2010 Year 3 — Period 2 6 January, 1, 2011 June 30, 2011 Year 4 — Period 1 7 July 1, 2011 December 31, 2011 Year 4 — Period 2 8 January 1,2012 June 30, 2012 Year 5 — Period 1 9 July 1, 2012 October 31, 2012 Year 5 -- Period 2 10 January 1, 2010 June 30, 2013 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. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). 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. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 Total Recoverable Iron mg/L 1.0 pH standard 6-9 Tier One If. The sampling results are above a benchmark value, or outside of the benchmark range, for any parameterat kny outfall; Part II Page 6 of 10 Permit No. NCS000369 Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific: source controls, operational controls, or physical_ improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedance;-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 sampling,results are -above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive): Then: The permittee shall: 1. Contact the DWQ Regional Office in the event of four benchmark exceedances. 2. Repeat all the required actions outlined above in Tier One. 3. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 4. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 5. Maintain a record of Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; Part II Page 7 of 10 Permit No. NCS000369 • require the permittee to install structural stormwater controls; • require the permittee to implement -other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and 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 SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO. Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 8 of 10 Permit No. NCS000369 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc t Sample Type2 Sample Location3 H standard semi-annual. Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for"schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Part II Page 9 of 10 Permit No. NCS000369 Table 6. 'Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solid;7 mg/L 100 Part II Page 10 of 10 Permit No. NCS000369 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 1I, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 1I, Section A, Paragraph 2(b) of this permit shall be accomplished prior to.the beginning•bf discharges from the operation of the industrial activity. Dutv to Comnly 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. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 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] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class I1 violations are not to exceed Part III Page 1 of 9 Permit No. NCS000369 $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 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 Liabili Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. . Pronerty Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000369 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge aver the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Sip,natory_Renuirements 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; Part III Page 3 of 8 Permit No. NCS000369 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the 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 imprisonmentfor knowing violations." 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 21-1.0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. - Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Part III Page 4 of 8 Permit No. NCS000369 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part I[[, 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-lie performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2, Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant Part III Page 5 of 8 Permit No. NCS000369 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at -the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall -also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least'5 years from the date of the sample, measurement, report or application. This period maybe.extended by request of the Director at any time. Insnection 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 1. Discharge -Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 6 of 8 Permit No. NCS000369 When no discharge has occurred from the facility during the report period, the permittee is requiredto submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2)'or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms'shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in.NCGS 143-215.6B or in Section 309 of the Federal Act, 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 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. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000369 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. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000369 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: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph -shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the -Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. 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 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. NCS000369 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 Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Part VI Page 2 of 5 Pages Permit No. NCS000369 Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). I & 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. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which; a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the 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 Part VI Page 3 of 5 Pages Permit No. NCS000369 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 31 1(b)(2)(A) of the CWA at 40 CFR l 16.4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control, facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Sianificant 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. 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 Desi n 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. NCS000369 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32, Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an -,implementation plan. The implementation plan outlines the steps necessary to reduce pollutant,loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does. not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35, Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages r Re: NO 000369 Subject: Re: NCS 000369 From: Kelly Johnson <kelly.p.johnson@ncmail.net> Date: Mon, 05 May 2008 10:35:10 -0400 To: Reggie Wallace <reggie.wallace@faypwc.com> CC: Mike Lawyer <Mike. Lawyer@ncmail. net> Reggie, I talked this over with some people here. I think I have come up with a better approach. The issue here seems to be that you are concerned that your berm will fail if there is a big storm. The drawdown of the pond needs our permit, but as we have discussed, it doesn't fit into our normal permitting framework. So, I think that the best way to handle this is is to sample the effluent as you start to drawdown to look for the chemical parameters in the permit. If your tests indicate that your effluent is above the benchmarks, then you have to take corrective measures as defined in the permit. And, you can drawdown at your discretion in preparation for large storm events such as hurricanes. But, here is the new part. We will handle the concerns about disturbing the habitat of the stream by referencing the appropriate water quality standard (which you are subject to regardless of what the stormwater permit says). 15A NCAC 02B .0211, Fresh Surface Water Quality Standards for Class C Waters, establishes the requirements for the Best Usage of Waters as "Aquatic life propagation and maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes." Violators of this standard are subject to fines up to $25,000 per day per violation. This issue has come up in wetland permitting before, and as a result the Division has a draft guidance policy on how to drawdown your pond so that you are not in violation of this standard (attached). I do not know when this policy will become final, but it should provide you with some general guidance (or to a consultant if you choose to go that route). I have also attached the new wording for the permit as well as the cover letter referencing the Standard. From a "big picture" perspective, the fact that you do not have confidence in your berm concerns me. If your pond is designed to hold the 25yr storm, meaning that it has available capacity to hold that much water, then it should also be designed with an appropriately designed berm. That is beyond my stormwater permitting authority, but this is standard engineering practice. That may be something to consider in ensuring that you comply with .0211. Please call if you have questions, Kelly Reggie Wallace wrote: Kelly, I understand your concern and appreciate the frank and open manner in which you present it. I will try to call you later this afternoon to discuss this more. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant Office: (910) 223-4813 Fax: (910) 483-6680 -----Original Message ----- From: Kelly Johnson [mailto:kelly.p.johnson@ncmail.net) Sent: Thursday, May 01, 2008 3:35 PM To: Reggie Wallace Subject: Re: NCS 000369 Well, that was actually what I was trying to prevent. From a public perception perspective, I would be permitting you to discharge whatever, whenever. This is sort of unchartered territory for us because we typically permit facilities to discharge and sample during storms, then if the effluent contains pollutants above a certain level then the permittee would have to take further measures. Here, this is a very different situation. I need to establish a mechanism to ensure that you aren't negatively impacting water quality. I suppose you could sample every time you discharge to ensure that the pollutants settled out in the pond before it was drawn down. However, I am also concerned about the potential volume of water that we could be talking I of 4 6/27/2008 1:15 PM Re: NCS 000369 about here. We don't typically constrain the volume because stormwater flow is the result of a natural process. However, in this instance we could artificially create a situation that would degrade the habitat of the stream. I will talk with some others here about this. Kelly Reggie Wallace wrote: Kelly, I have been discussing our stormwater permit and the provision you have proposed with some of the environmental folks here at PWC. They have suggested that I investigate the testing and reporting requirements associated with simply being able to lower the pond level at my discretion. I had not previously considered this option, but they seemed to feel that not much additional monitoring would be required beyond what is proposed in the latest draft. Is this a possibility? What additional requirements would possibly be imposed? Thanks! Reggie Wallace Power Plant Manager Butler -warner Generation Plant Office: (910) 223-4813 Fax: (910) 483-6680 -----Original Message ----- From: Kelly Johnson[mailto:kelly.p.johnson@ncmail.net] Sent: Tuesday, April 29, 2008 1:29 PM To: Reggie Wallace Subject: NCS 000369 Reggie, I discussed the issue regarding the need to drawdown your 25yr pond in preparation for a large storm event with my supervisor and several cc -workers. I have revised footnote 2 of Table 1 to read as follows: "If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within Ithe first 30 minutes of discharge. If the detention pond discharges only Iin response to a storm event exceeding a ten year design storm, then no Ianalytical monitoring is required and only qualitative monitoring shall Ibe performed. Drawing down the level of water in the pond via a manual valve in preparation for large storm event such as a hurricane is allowed in order to preserve the integrity of the pond's berm. In this 2 of 4 6/27/2008 1:15 AM Re: NCS 000369 case, analytical sampling must be done as specified in Table 1. This does not have to occur during a representative storm event. The permittee must document the following items, and submit this information to the Division along with the analytical sampling results: 1.) The drawdown date and time, 2.) The date of the expected rainfall, 3.) The expected number of inches of rainfall, 4.) The expected number of feet I of water rise in the pond in response to the expected rainfall, 4.) The Ilevel of water in the pond before drawdown (in feet), 5.) The level of water in the pond after drawdown fin feet). The pond must not be manually drawn down more than the expected number of feet of water rise in the pond in response to the expected rainfall. If discharges occur less frequently than semi-annually, then document this information and submit it to the Division in place of the analytical monitoring." This has not been done before, so I am open to ideas for improvement. Let me know what you think. Kelly Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 3.76 Fax: (919) 733-9612 NCS 000369 Public Works Draft Permit 2008 05 02 Revision.doc Content -Type: applicationlmsword Content -Encoding: base64 Draft Pond Drawdown Policy.doc Content -Type: application/msword Content -Encoding: base64 3 of 4 6/27/2008 1:15 PM Re: NCS 000369 iNCS 000369_Public Works —Final Permit Cover Letter.doc Content -Type: applicationlmsword Content -Encoding: base64 4 of 4 6/27/2008 1.15 PM Re: NCS 000369, Public Works of Fayetteville Subject: Re: NCS 000369, Public Works of Fayetteville From: Kelly Johnson <kelly.p.johnson@ncmail.net> Date: Fri, 02 May 2008 14:15:49 -0400 To: Mike Lawyer <Mike.Lawyer@ncmail.net> Mike, Actually I thought about this a little bit more, and I have started a dialog with the permittee that I thought I would share with you in case this comes up after I leave. I am concerned about the effect of the volume of water entering the receiving stream that would be involved with draining this pond to make room for hurricane rain. I decided to put some language in the draft trying to confine the drawdown volume to the amount of water expected from the upcoming storm. The way I did it was somewhat awkward (measuring the pond level before and after drawdown), and I told him that this was unchartered territory for us and that I was open to other ideas. He then asked me what he would have to do to be able to just drawdown at his discretion. I talked with Ken some more, and then also with Niki Maher in the enforcement group about how to put legal muscle behind the volume concern. She suggested that I use the Class C water quality standard which defines best usage of water as including biological integrity and other volume -related parameters. People who violate this standard are subject to $25K/day fines. And, he is subject to this regardless of what the stormwater permit says. So, I will put in the cover letter that in addition to our permit, he has to comply with that standard. The Division has a pond drawdown policy that tells people how to drawdown appropriately. (And she said that would typically refer the permittee to a consultant if he needs help implementing the pond policy.) I have revised his draft permit to say that he has to sample during the first 30 minutes of discharge if he is using a manual valve to empty the pond before a storm. And, he has to sample every time he discharges (not just twice a year like most individual permits). This is an attempt to not make it convenient to drawdown frequently (after all it is supposed to be a 25yr storm pond). The person who has the drawdown policy is out this afternoon, but I will get it and send him this info on Monday and cc you. KJ Mike Lawyer wrote: I OK. Thanks. Mike Kelly Johnson wrote: OK, well I think that T will require that they sample twice a year unless they don't have two discharges, and then they would have to submit a letter that they didn't have a discharge (or two discharges) to sample. I will also have to delete the language about the representative storm event in the permit because they won't necessarily be drawing down during that time. I could make them do that, but that would essentially require someone to have to sample during a hurricane and that is an obvious safety concern. Thanks, Kelly Mike Lawyer wrote: T'm leaning toward option 1 where they would sample any and every time that they might discharge, which would probably be on rare occasions when a tropical storm or hurricane may pass through. With option 2, I wonder about them ceasing sampling after a few occasions then a storm event occurs that may wash pollutants into the pond followed by a severe weather event where they would open the manual valve. Although unlikely, there may be instances where pollutants are washed into the pond, but do not have enough time to settle prior to the manual release of water in the pond. Also, what mechanism would prevent them from releasing water out of the pond after they've met the multiple sampling events showing no exceedances? They might think they have a green light to release water whenever they choose and without evaluating its quality. Just my thoughts. Thanks for letting me provide input. Mike Kelly Johnson wrote: Mike, Another question has come up about this facility in regard to whether or not they 1 of 3 6/27/2008 1:15 PM Re: NCS 000369, Public Works of Fayetteville need to sample if they manually drawdown a detention pond that contains all of their runoff. Their stormwater flows to a single pond which has been designed to hold the 25yr storm. Their are only two ways to get water out of the pond; evaporation and a manual valve. The permittee wants to be able to manually drawdown the pond if a big storm is coming because he is concerned about preserving the integrity of the berm. The draft permit says that if the pond is designed to hold the 10yr storm, then they don't have to sample. I continued this language from their previous permit because I think that that pond is "big enough" that the water won't discharge very often, even if the pond is partially full and the available volume is less than the 25yr volume. The 25yr pond would certainly discharge less frequently than a 10yr pond, as required by their previous permit. But, we are generally starting to get away from letting people get out of sampling if they install a big pond. We have taken that language out of 9 of the general permits now, and it isn't typically put into the individual permits anymore either. So, what do you think about.sampling requirements for the effluent of this pond? If he manually draws down, then it isn't necessarily during a representative storm. And, it may be quite a while after the storm (days, weeks, months, or even years). He would be testing for TSS, iron, and pH. The solids will settle, and I think (as a result of a quick internet search) that the heavy metals would be attached to the particles. I am not sure that effluent data would contain any useful information. I talked this over with Bradley and Ken. We came up with two options that I thought I would run by you. 1.) Make them sample the effluent whenever they discharge, or 2.) Make them sample a few times (maybe 4 times?). If they don't exceed any parameters, then they do not have to continue sampling. What do you think? Thanks, KJ Mike Lawyer wrote: Kelly, Glad you're back. Sorry to hear that you might be leaving the Division, but I wish you good luck in whatever you do. As far as the permit renewal, I really don't have anything to offer. Certainly no concerns about the facility. One of our staff members recently inspected the facility for compliance with their stormwater permit and found no issues. I've received the hard copy of your staff report and will sign it and give to Belinda for her review and signature. Probably won't write any comments since this one is pretty cut and dry. Thanks, Mi ke Kelly Johnson wrote: Mike, We have received an individual stormwater permit application from the Public Works Commission of Fayetteville's Butler -Warner Power Plant. This is part of our significant backlog of permits, and expired in 2005. This site drains to a UT of Locks Creek (Class C), and is designed to contain the 25 year storm. Like the facility's previous permit this permit only requires sampling if the 10-year storm isn't contained (essentially they don't sample). This seems to be a fairly easy one. I have attached the application, the staff report, and the draft permit. Do you have any concerns about issuing this permit? If riot, I will send it to notice in 30 days. I will send you the staff report as a hard copy to sign and return. Also, FYI, I am leaving the Central Office in about one month. My husband took a job in Wilmington, and we have decided to move to be closer to family now that we have had the baby. I don't have a job just yet, but I have a few leads. I may do some temp work through this office, or I may stay home with my son for a while. 2 of 3 6/27/2008 1:15 PM Re: NCS 000369, Public Works of Fayetteville Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 NCS 000369 Public Works Draft Permit 2008 05 02 Revision.doc Content -Type: agpticationlmsword Content -Encoding: base64 3 of 3 6/27/2008 1:15 PM wAr& Michael F. Easley, Govemor �0F State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources pColeen N Sullins, Director Division of Water Quailty April 23, 2008 Mr. Reggie Wallace Public Works Commission of Fayetteville PO Box 1089 Fayetteville, NC 28302 Subject: Draft NPDES Stormwater Permit Permit No. NCS000369 Butler/Warner Generation Plant Cumberland County Dear Mr: Wallace: I recently attempted to mail the enclosed information to you, but I believe that I incorrectly sent it to your facility address rather than the address listed for the permit owner. I apologize for the confusion. If you have any questions or comments concerning this draft permit, contact me at (919) 733-5083 x 376 or kelly.p.johnson@ncmail.net. 3lyy er y, Jo on Environmental Engineer Stormwater Permitting Unit cc; Stormwater Permitting Unit Attachments North Carolina Division of Water Qu,.il;ty (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/ O 9F Vd A T4E Michael F. Easley, Governor `OHpG William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources u] r Coleen H. Sullins, Director >_ Division of Water Quality 4 C DATE: April 23, 2008 TO: Fayetteville Observer NUMBER: 910-323-1451 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.733.5083x502 SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, April 29, 2008. Please fax a copy of the proof to me at 919-733-9612 for final approval prior to publication. Within 10 days after publish date, please send the Invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 The Public Works Commission of Fayetteville, P.O. Box 1089, Fayetteville, NC 28302 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at the Butler/Warner Generation Plant, 2274 Custer Ave., Fayetteville, NC 28312, Cumberland County. The facility discharges to waters designated as an unnamed tributary of Locks Creek, within the Cape Fear River Basin. Copies of the draft permit, No. NCS000369, are available by contacting: Kelly Johnson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 376 Kelly.p.johnson@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than May 30, 2008. Ali comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000369. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 APR-24-2008 13:24 FAYOT CLASSIFIED FAX-1 Pages IncludinLy Cover 910 323 1451 P.01iO3 Juana Mangum, Legals Acct. Executive The Fayetteville Observer P.O. Box 849, Fayetteville, NC 28302 Ph: (910)609-0671 / Fax: (910)323-1451 Email: legals@-Fayettevillene.com 4'-s1, ® + To: � co: Ilia Fax: #.,=J, �! _ Date: here 16 Fro ��' 6� LjA run iri Tke. ray64eY,���. ��serve oa 1fanday, , April Nays a jdod Jay/ ju an I ,APR-24-2006 13:25 FAYOT CLASSIFIED 910 323 1451 P.02/03 Public Notice STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 The Public Works Commis- sion of Fayetteville, P.O, Box 1089, F"eville, NC 28302 has applied for an NPDES Stormwater Permit to dis- charge stormwater associat- ed with industrial activRes at a facility located at the Butler/Warner Generation Plant, 2274 Custer Ave„ Fayetteville, NC 28312, Cum- berland County, The facility discharges to waters desig- nated as an unnamed tribu- tary of Locks Creek within the Cape Fear River Basin. Copies of tho erit No. NCS000369, ra a ava la- ble by contacting - Kali Y Johnson NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Phone.(9191733.5082, extention 376 Kelly.p.johnson@ncmail.net Persons wishing to com- ment upon or object to the proposed determination are invited to submit their com- ments in writing to the above address no later than May 30, 2008, All comments received prior to that date will be considered in the fi- nal determination regarding permit issuance. Ail com- ments and requests should reference draft permit num- ber NCS000369. 4/28 984302 AFFIDAVIT OF PUBLICATION NORTH CAROLINA Cumberland County Before the undersigned, a Notary Public of said County and state, duly Public Notice commissioned and authorized to administer oaths, affirmations, etc., STATE F lioRlticacca.ltin personally appeared. CINDY L. OROZCO r TNWROWAV4I AL ]rAi`k AiiGili:NT Who, being duly sworn or affirmed, according to law, loth depose and say CC: Mladl:iS1.^.•ti that he/she is LEGAL SECRETARY SIVYW[ CENTER of THE FAYETTEVILLE PUBLISHING COMPANY, a corporation ti f Pa Kwak., 'B x organized and doing business under the Laws of the State of North i"M V.F°�.ad `' `� `,, ends Carolina, and publishing a newspaper known as the FAYETTEVILLE >°: o'; Nrnp rkr� per: OBSERVER, in the City of Fayetteville, County and State aforesaid, and .° try'`ra 'r rlZka that as such he/she makes this affidavit; that he/she is familiar with the T1rA1riTS4'xmre, ifhlnarr�,lrr MO. '2214 QIKUt AW- books, files and business of said Corporation and by reference to the files . Flyepevr)Ie, 'W Z83n' CUM- yrafx, ��+r bi ea:=n+r of said publication the attached advertisement of CL Legal Line dirc3a:gm to �.,rals ,,�� . namd ht 9ll Uloa:liSCd rslMr- PUBLIC WORKS COMMISSION ,itaf:l r�'Fr1r Ehl w> r6e Cafr Ricer Xtivq' Trsngl. - of NCDENR/DWQINPDES V'r` coaxyi' r.,` was inserted in the aforesaid newspaper.in space, and:on dates as follows: _. tia ixr c'nnRs:tin�: KekyylWulsem fr_L1.•ulcel.lf. W mr Q,l:dify lbl? +rlp:t srnttvG':•uus 4/28/2008 simdne3i6 xGal Is • iair,ll:,are 14 an aril, art and at the time of such publication The Fayetteville Observer was a �wi9kirlL4 newspaper meeting all the requirements and qualifications prescribed by `r4wrrrrwWl m1 Sec. No. 1-597 G.S. of N.C. )im1bi' '° F''""` theirie: miitinX bl Hle "'al nu:IM ' The above is correctly copied from the books and files of the aforesaid kWN1 Irdrlreu >x: Iahti Nal Mdy 3a,'200e. All miut olo ' corporation and publication. rcr:a:—j yii:;r in 161 ,:oar. vh( b. t..Ld.j is 6.1 fl- ny darrplunmiru n IsdEr )A", c), pmlllt N.aHT.L•r_ Al� .&g-• MM-4 and . r luau wacllo Li' -A' rrirralw¢ 1r:4t pnvdk smil . Ilrr? MOD0'p69 4'd3 04301- LEGALSECRETARY Title O .Cumberland County, North Carolina �J'Qy Sworn or affirmed to, and subscribed before me, this 28 day f April, A.D., 2008. �y �v In Testimony Whereof, I have hereunto set my hand and affixed my ficial seal, the day and year aforesaid. Pamela H Walters, Notary Public My commission expires 5th day of December, 2010. L TO., NCDENRIDWQ/NPDES 1617 MAIL SERVICE CENTER,, RALEIGH, NC 27699 0000984302 14C3000369 r \NATF9 QG Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: 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 H. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Public Works Commission of Fayetteville NCS000369 Fayetteville, NC (Cumberland County) Power Plant UT to Locks Creek, See Figure 1 Cape Fear River Basin, Sub -basin 03-06-15 C See attached draft permit. See Table 1 See Figure 1 - 7 *6 ao0-2 Kelly Johnson, (919) 733-5083, ext. 376 rR. Issue =Rahn Scale: 1 eas ; ,to 10 hard Compliance history 2 Benchmark exceedance 0 Location (TMDL, T&E species, etc 0 Other Challenges: • NIA 0 Difficulty Rating: 2/40 Special Issues Explanation: • Compliance history: Site contains 25-year storm. Previous permit was written so that no analytical sampling was required if the 10-year storm was contained. • Benchmark exceedance: NIA • Location: No TMDL, no T&E, easy to find on map Description of Onsite Activities: Power generation plant: • Power sources for steam are natural gas and fuel oil. • 8 G.E. Turbines (25,000 kW) each; 65,000 kW Steam Turbine. Documents Reviewed: • NPDES Stormwater Permit Application Materials • Stormwater Permit File .. Page 1 of 8 NCS000369 4 ` r 2005 Cape Fear Basinwide Plan Draft 2008 303(d) List EPA Sector -Specific Permit, 2006 draft History: • March 15, 2000: Permit first issued • October 1, 2004: Permittee submitted renewal application. • March 31, 2005: Permit expired Figure 1: Map of Facility Works Central Office Review Summary: l . Owner's Other Permits: N/A 2, General Observations: This site appears to be fairly benign and the plant manager is well versed in the stormwater requirements. This site is designed to drain to a pond which discharges only in response to a 25-year event, and the permit only required sampling if the 10-year event could not be contained. The cover letter of the application indicates that they had planned.to do analytical sampling following the application period, and send in that information. That information is not on file. At the time they were applying, they were in discussions with DWQ and local officials to discuss a potential situation where they could choose to drawdown their pond before a potential hurricane or other large storm in order to avoid erosion and failure of their earthen berm. The permittee chose not to pursue that option, and samples were therefore not collected. The permittee would like to continue to have the option of not sampling unless the ten-year storm can not be contained. I chose not to require sampling if the 25-year storm (rather than the 10-year storm) could not be contained because the permittee did not appear interested in discharging unless the water would cause berm failure. I think that this is a reasonable situation. 3. Impairment: Not 303(d) listed. Not rated in Basinwide Plan. 4. Industrial Changes Since Previous Permit: None 5. _Analytical MonitoringNotes: o Analytical monitoring was not required because the 10-year storm can be contained. o EPA Sector Specific permit requires testing for total recoverable iron and TSS. Add these to the permit requirements if the pond is changed not to be able to contain the I 0-year storm. 6. Oualitative Monitoring Notes: o The plant manager regularly performs qualitative monitoring. Page 2 of 8 . NCS000369 NCS000369 of 8 NCS000369 Revised Permit Recommendations: Analytical Monitoring: 1. Added total recoverable iron, per EPA's General Specific permit. 2. Added total suspended solids, per EPA's General Specific permit. 3. pH has been added to the analytical monitoring requirements. 4. 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. 5. 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 I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 6. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 7. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 8. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 9. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 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 II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution. Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 •' NC3000369 Discussions with permittee: Reggie Wallace, 4 April 2008, 910.223.4813, reggie.wallace@faypwc.com I . Have there been any industrial changes since your previous permit? a. ANSWER: No i 2. How many outfalls do you have? Where are they? I do not see them listed on your site map. a. ANSWER: One outfall at the overflow of the pond. Page 7 of 8 NCS000369 i Recommendations. Based on the documents reviewed, the application information submitted on October 6, 2004 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) r Date Stormwater Permitting Unit Supervisor LA,J Date n 7 /D IT or Bradley Benn tt Concurrence by Regional Offic� Date Water Quality Supervisor -,4V,,FJ1f7 . I'll 47 Date Regional Office Staff Comments Page 8 of 8 Public Notice NCS 000369 Subject: Public Notice NCS 000369 From: Kelly Johnson <kelly.p Johnson@ncmail.net> Date: Thu, 17 Apr 2008 08:24:39 -0400 To: Sarah Young <sarah.young@ncmail.net> Sarah, I have attached the info for this notice. Thanks, KJ Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 NCS 000369 Public Notice.docl Content -Type: application/msword Content -Encoding: base64 NCS 000369 Public Works Draft Permit.doc Content -Type: application/msword f Content -Encoding: base64 1 of 1 4/17/2008 8:25 AM Cl� W/4r�� Michael F. Easley, Governor O=, QG State of North Carolina fA b William G. Ross, Jr., Secretary F Department of Environment and Natural Resources pColeen N Sullins, Director Division of Water Quality April 17, 2008 Mr. Reggie Wallace 2274 Custer Avenue �� Fayetteville, NC 28312 p NRA AFk L Subject: Draft NPDES Stormwater Permit WQ Permit No. NCS000369 DButler/Warner Generation Plant Cumberland County Dear Mr. Wallace: 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. As in the previous permit, this permit requires analytical monitoring only if the 10-year storm can not be contained. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. The pH monitoring has been continued since the previous permit. 2. Additional analytical monitoring for total recoverable iron .and total suspended solids have been added in order to be consistent with the requirements of EPA's Sector Specific stormwater permit. 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 p-rogram. 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 H 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. 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 North Carolina Division of Water Quality (919) 733-7015 1617 Mall Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699.1617 on the Internet at http://h2o.enr.state.nc.usj' Mr. Reggie Wallace Butler/Warner Generation Plant Permit No. NCS000369 Page 2 analytical And qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's Stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES Stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than May 30, 2008. 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 Kelly Johnson at (919) 733- 5083 x 376 or kelly.johnson®ncmail.net Sintel,Keln Enval Engineer Stormwater Permitting Unit cc: Mr. Reggie Wallace, 2274 Custer Avenue, Fayetteville, NC 28312 DWQ Fayetteville Regional Office Central Files Stormwater Permitting Unit Attachments 2 y NCS000369 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with'the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the.North Carolina Environmental Management Commission, and the Federal Water Pollution ;Control Act, as amended, Public Works Commission of Fayetteville is hereby authorized to discharge stormwater from a facility located at Butler/Warner Generation Plant SR 1723 Custer Avenue Fayetteville, NC Cumberland County to receiving waters designated as Locks Creek, a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective June 1, 2008 This permit and the authorization to discharge shall expire at midnight on [May 31, 20131. Signed this day [June 1, 2008]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000369 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements, Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 11 Permit No. NCS000369 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 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS m Permit No. NCS000369 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 wishingAb 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 revolted; the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be -in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000369 /' �;4 .Y+''1 ppp�� vaJ i ��� A r �� ..,�;�h� - �` � e � Cr �'!� � /i •ii 1 .�lY �h..t4�� �f v""�•' .'� �-i.�Y -� �(�, -.t' .'`, ti-d�N1�)` r}` J�.�f�1 �� elf/ /f� 1 f ��: •:,• _�,_.-�._,`� r may` y l gyp ` `> ,� � �� 1 : ( ! •,� a 3':V'111 ST Butler/Warner F4'rr�j! 1 /•i r '__ trYF7iEziiir /S'' --�� x,; f Generation 'lfx �`}',Y' S7?.�..L`,¢f'l��SI�; / f' Plant • ,a^� : rn.�' ` 1 l ii-. '..`- •"'✓` rl rfo...y �l%, :.i� \�`/ / �ril�.A:•.i"`�' �i`j .. -tt �ri�� �i'7'• `l � rry\ V�I i �! i; S{-J � � �, �• •• ; � � � ;.• 'fir Jr:,•��/1 b••., ��. ��.j r+}� i :, r�k_I 1�,,� �*� i ( ��,.�r✓�.°i����,� •,'Jf� �(i?r t. � ,/!y,,,� `1� t �j Y�r',.{� Clt-� ,� (_ 7 1..•�-><:- ,! _. ���\ o/ lI f '1 �( � Si � �." ! �`' y, 4 .�:1 •j?' \..,� r� `�•',.+i � � � 1 �' /�', 1 `\� \ 4'; ' 7 ' 4 fj'� rti '� ``7!•�)' 't. j i L-.�'�r +� I � �'' \�:..I, V°'- St••.!" ;i �z-\'� \\, �� � ... �' I'° V ± C fJ� r' /r"!I ••�, �(Ii9' 't '1t �/ v ! i,r.., e , , ;�,,, v � '`� � .;li `�L.l r^yy • �1:1't a��f) � � �� a• "` � 1 44� } - w. "'C."1��•`'=f.i �,F�t •'`,.Yr'�7+ _ r'r�•i ,in' F. rt�:l -I'i,•_•(� S'�.:., t�r�•'�-_:1—%_•.rf?•. r�� . .'(11 �`- ' }} � . ,:.6 �. �!". } /•' x .''� ,S\ 1. T� � �� � s�'�'•+�„O r: '�: �.� -.�,s �`,''-t, •`�1 ,1;y�1 � '9`i-- 1.. 1` 11%''ti�,�' ,�•.'�r 'kti Opt :h-.r-.'f�;a,'. ( ,. i ..�, •, 1 '° w 1.`s �'na'�= l ...... �U.� ��� .� ��, r �.f• �� � �/ `'' `•. ;ram 3 � A �,ar ""f^ ♦�4,y k' yh r4'..��ir>ai �.....� ; _ -lam:` � l .. Fv. '. ?i �J`fr %S r r w�• fi� {),i!�`t'I'nul'. I^I �. )y�� l j(�`�/ + ��[� S+ `Y•-:, • �, 1.f. � ' a' r.�--'. �:.� i 1' � :% • :* ffJ•-�'.:.n \' ! .✓as. 1 1 ' i� � I 1 �I' 1 �`a "r" � ..Ij' Latitude: 3515'17.63" N NCS000369 Facility Longitude: 78150'41.53"W County: Cumberland ButlerlWarner Location Stream Class: C Generation Plant Receiving Stream: UT to Locks Creek Sub -basin: 03-06-15 (Cape Fear River Basin) ar Map Not to Scale Part I Page 2 of 2 Permit No. NCS000369 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 II1, 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 that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or'if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The map should 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:l/h2o.enr.state.nc.us/tmd[/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.usltmdl/TMDL_Iist.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 with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations (10) Existing BMPs and impervious surfaces Part II Page 1 of 9 Permit No. NCS000369 d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management,plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage -practices to eliminate or reduce exposure of materials and processes to stormwker. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, -the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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 (5) years. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute Part II Page 2 of 9 Permit No. NCS000369 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, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program.. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas.and regular cleaning schedules of these areas shall be incorporated into the program. 5.. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for .all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that 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 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. 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. Part II Page 3 of 9 Permit No. NCS000369 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. 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 actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized.representative immediately upon request. Part I[ Page 4 of 9 Permit No. NCS000369 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. Ail analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Total Suspended Solids m L semi-annual Grab SDO Total Recoverable Iron m L semi-annual Grab SDO H standard I semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 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 must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 9 Permit No. NCS000369 Table 2. Monitoring Schedule Monitoring periodt'Z Sample Number Start End Year I — Period 1 1 July 1, 2008 December 31, 2008 Year 1 — Period 2 2 January 1, 2009 June 30, 2009 Year 2 — Period 1 3 July 1, 2009 December 31, 2009 Year 2 — Period 2 4 January 1, 2010 June 30, 2010 Year 3 — Period 1 5 July 1, 2010 December 31, 2010 Year 3 — Period 2 6 January 1, 2011 June 30, 2011 Year 4 — Period 1 7 July 1, 2011 December 31, 2011 Year 4 — Period 2 8 January 1, 2012 June 30, 2012 Year 5 — Period 1 9 July 1, 2012 October 31, 2012 Year 5 — Period 2 10 January •1, 2010 June 30, 2013 Footnotes: I 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. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase man agementactions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids m /L 100 Total Recoverable Iron mg/L 1.0 pH standard 6-9 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any __parameter at any outfall; Part 1I Page 6 of 9 �- . .. a a ,• \: l§ Permit No. NCS000369 Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention PIan. Include the date and value of the benchmark exceedance, 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 sampling,results are -above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive); Then: The permittee shall: 1. Contact the DWQ Regional Office in the event of four benchmark exceedances. 2. Repeat all the required actions outlined above in Tier One. 3. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 4. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 5. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; Part II Page 7 of 9 Permit No. NCS000369 require the permittee to install structural stormwater controls; require the permittee to implement other stormwater control measures; or require that the permittee implement site modifications to qualify for the No Exposure Exclusion. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and 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 Frequencyt Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency; Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application, The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle, 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part 11 Page 8 of 9 Permit No. NCS000369 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc t Sample Type2 Sample Location3 H standard semi-annual. Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usagegallons/month I - semi-annual Estimate - 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 from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances 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 Anal tical Monitoring Discharge Characteristics Units Benchmark PH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part I1 Page 9 of 9 Permit No. NCS000369 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time 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 II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning -of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Cleah Water Act -and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 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] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed Part III Page 1 of 8 Permit No. NCS000369 $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class I1 penalty not to exceed $137,500. 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 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. 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. 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 ofTederal, State or Iocal laws or regulations. Severabilitv 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. Dutv 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 Tamnerine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part I❑ Page 2 of 8 Permit No. NCS000369 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1. Individual _Permit _Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the. perthittee'shall submit forms and fees as are required by the agency authorized to issue permits no later than f 80 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested, renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation.and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing inthe event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Part III Page 3 of 8 . f . . Permit No. NCS000369 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly. responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit'the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Part III Page 4 of 8 I d . . Permit No. NCS000369 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS I. Representative Samnlina Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling'shall-be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information; a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant Part III Page 5 of 8 Permit No. NCS000369 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. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection -and -Ent 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 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. Part III Page 6 of 8 Permit No. NCS000369 When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 13.18, 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 143-215.6B or in Section 309 of the Federal Act, 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 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). 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. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part I[] Page 7 of 8 i 1 . Permit No. NCS000369 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 reporte&under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 v... NCS000369 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000369 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. S. Division or DWQ The.Division of Water Quality, Department of Environment and'Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm , resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Part VI Page 2 of 5 Pages Permit No. NCS000369 Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 16. 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. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain.producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type, of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the 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 Part VI Page 3 of 5 Pages Permit No. NCS000369 That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control, facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials 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. 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 302A). 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 +�1� V V Permit No. NCS000369 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 (TMDLI 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 pollutants 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. Uaset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages Peer review notes, draft NCS000369 Butler Warner Generation Plant, Fayetteville KBP 4/7/08 Notes: 1. Looks good as is, staff report signature provided. 2. Note sampling exclusion for 10-yr pond, rather than 25-yr pond, contrary to SPU general guidance - - permit writer's judgment to continue with 10-yr pond supported by these very good circumstances. 3. Consider: a. Draft permit: Add requirement to contact RO in event of four exceedences in box following Tier 2? b. Eventual transmittal letter: i. Call permittee's attention to Site Plan drawing requirements to; show drainage area (there's just one, apparently, but the boundaries of it may still be shown); show and label emergency overflow outfall. il. Emphasize need to send in "No Flow" reports semi-annually. END f, RE: Twd: Stormwater Permit, NCS0003691 r0 Subject: RE: [Fwd: Stormwater Permit, NCS000369] From: "Reggie Wallace" <reggie.wallace@faypwc.com> Date: Fri, 4 Apr 2008 11:53:53 -0400 To: "Kelly Johnson" <kelly.p.johnson@ncmaiI.nct> Kelly, There have been no significant changes to our facility or our operations since 2000. We have only one discharge point, or outfall as you refer to it. It is an emergency overflow in the berm surrounding our stormwater containment pond which is designed to only overflow in response to a 25-year rainfall event. All stormwater flows to the pond and only leaves the site through the emergency overflow. We do not make routine releases from the pond. The water that drains to the pond simply evaporates over time. We have had overflows from the pond during and after hurricanes and long periods of major rainfall that come close together. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant office: (910) 223-4813 Fax: (910) 483-6680 -----Original Message ----- From: Kelly Johnson [mailto:kell .p.johnson@ncmail.net] Sent: Friday, April 04, 2008 11:38 AM To: Reggie Wallace Subject: [Fwd: Stormwater Permit, NCS0003691 Reggie, Also, have there been any significant industrial changes at your facility since your previous permit was issued in 2000 (for instance, have you had any significant expansions). And, how many stormwater outfalls do you have? (An outfall is a point where water leaves the boundary of your property through a ditch or other conveyance.) Where are they? I have a map of your facility that shows the stormwater drains, but it does not show how the water leaves the property. Does it flow to the pond and then offsite? Thanks, Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 376 Fax: (919) 733-9612 The.information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no,liability for any damage 1 of 2 4/4/2008 1 l :56 AM RE: [Fwd: Stormwater Permit, NCS0003691 caused by any virus transmitted by this communication. 2 of 2 4/4/2008 11:56 AM 5 RE: Stormwater Permit, NCS000369 ,,, Subject: RE: Stormwater Permit, NCS000369 From: 'Reggie Wallace" <reggie.wallace@faypwc.com> Date: Fri, 4 Apr 2008 11:53:31 -0400 To: "Kelly Johnson" <kelly.p.johnson@ncmail.net> g' Kelly, Because our stormwater pond is esigned to only discharge in response to a ten-year rainfall event, footnote 2 states that no analytical monitoring is required. I will provide you with copies of the qualitative monitoring data sheets that I do periodically. I will have to get: my office assistant to scan them in so that I can send them to you. It may not be until Monday. Thanks! Reggie Wallace Power Plant Manager Butler -Warner Generation Plant Office: (910) 223-4813 Fax: (910) 483-6680' -------Original Message ----- From: Kelly Johnson[mailto:kelly.p.johnson@ncmail.net) Sent: Friday, April 04, 2008 10:01 AM To: Reggie Wallace Subject: Stormwater Permit, NCS000369 Reggie, Your facility's stormwater permit, NCS000369, expired on 3/31/05, and you submitted an application for renewal (copy attached). We are working through a significant backlog of permit applications, and I am now renewing your file. Your permit required analytical monitoring for pH, and I see in the cover letter that this sampling was not conducted. There is a note in the file that you had planned to sample the next four rain events and submit that data. The same is true for your qualitative data. We do not have this data on file. Would you email me this information? Thanks, Kelly Kelly Johnson Environmental Engineer N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-'5083 ext. 376 Fax: (919) 733-9612 The information contained in this communication (including any attachment) is privileged and confidential information that is intended for the sole use of the addressee. Access to this communication by anyone else is unauthorized. If the reader is not the intended recipient, or an employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited and may be unlawful. If you have received this transmission in error, please reply and notify us of this error and delete this message. Finally, the recipient should check this communication and any attachments for the presence of viruses. The Public Works Commission of the City of Fayetteville, NC, accepts no liability for any damage 1 of 2 4/4/2008 11:56 AM fRB: Stormwater Permit, NCS000369 caused by any virus transmitted by this communication. 2 of 2 4/4/2008 11:56 AM P CN S la Qdepth Asite 1-site W 61te Vpond,requlred -pond Wpond pond Estimata Lnwar Hinhar 6.69 6.69 6.69 88 80 90 1.364 2.500 1.111 0.27 0.50 0.22 5.29 4.41 5.52 1,593,207 1,361,250 1,800,000 1,815 1,650 2,000 878 825 900 702,687 500,171 827,934 990 1000 950 90 100 65 7.91 5.01 13.4 n 25yr24hr storm unitless) Mostly asphalt/gravel n W (10001CN)-10 n =0.2S n (P-0.2S)21(P+0.8S) —`6[tB yY61ie t 't3 =Asite}Qdepth t t 't Nc.s ood3(, Cj �STIrveTIU� Public Works Commission of Fayetteville Attn: Mr. Allen R. Wallace P.O. Box 1089 Fayetteville, NC 28312 Dear Mr. Wallace; Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.B. Director Division of Water Quality October 12, 2004 ®ENR—FRO OCT 1.5 2004 DWO Subject: NPDES Permit Renewal Application Permit Number NCS000369 Individual Stormwater Permit Cumberland County The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000369 on October 6, 2004. The submitted renewal package contained the following items- 7. Si.aned application * Site snap y Visual monitoring results summary i% Best Management Practices summary `r Nairative describing significant changes at the permitted facility Y Signed Stormwatcr Pollution Prevention Plan certification A preliminary review of the submitted renewal application shows that the required analytical monitoring summary has not been submitted. In your cover letter you detailed how you plan on collecting analytical results at your next opportunity. Please submit that additional information to my attention and I will include it with the rest of your renewal package. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 579. Sincere AA tsha H. Lau Environmental Engineer cc: Fayetteville Regional Office Stormwater Permitting Unit Central Files N,,orthCarolina )Vatulrallll 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 St. Raleigh, NC 27604 FAX (919) 733-2496 1.877.623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled110% Post Consumer Paper tr WILSON A. LACY, COMMISSIONER PUBLIC WORKS COMMISSION 955 OLD WILMINGTON RD TERRI UNION, COMMISSIONER P.O. BOX 1089 LUIS J. OLIVERA, COMMISSIONER OF THE CITY OF FAYETTEVILLE FAYETTEVILLE, NORTH CAROLINA 28302-1089 MICHAEL G. LALLIER, COMMISSIONER TELEPHONE (AREA CODE 910) 483-1401 STEVEN K. BLANCHARD, CEO/GENERAL MANAGER ELECTRIC & WATER UTILITIES FAX (AREA CODE 910) 829-0207 Butler -Warner Generation Plant DENR- FFIO October 1, 2004 OCT 5 DWQ Ms. Aisha Lau, Supervisor Stormwater and General Permits Unit Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application Dear Ms. Lau: On behalf of the Public Works Commission of the City of Fayetteville, N.C., I have attached the permit application renewal form required for the subject stormwater permit. I have also attached the supplemental information and certification forms that you requested in your letter of September 20, 2004. With respect to the Stormwater Pollution Prevention Plan Development and Implementation Certification, I have signed the certification form subject to the following exceptions relative to full implementation of the Plan: The Analytical Monitoring has not been completed according to the specified schedule. The required samples will be gathered during the next four rainfall events prior to November 30, 2004, and a supplemental summary of the results will be forwarded within 30 days after all results have been received. Documentation of Qualitative Monitoring is not sufficiently complete to demonstrate that all Monitoring was completed as required. Compilation of additional data is on -going and a supplemental summary of results will be forwarded within 30 days after completion of the data compilation. I hope this information is adequate to meet your requirements. I discussed our circumstances and plan for completing the required monitoring with Mr. Ricky Revels of the Fayetteville Regional Office earlier today. If you have any questions concerning this BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application October 1, 2004 Page 2 information or need any additional information, please contact me at (910) 223-4813. Yours very truly, Allen R. Wallace Power Plant Manager Pc: Mr. Bradley Bennett Mr. Ricky Revels Attachments (8) � .R ,b •end ` " oa°5 v,arEOG PERMIT COVERAGE a Y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS4043.2 Stormwater Discharge Permit THIS APPLICATION N UST III; SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPI'LEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWA•I'ER PERMIT NCS000369 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: BUTLER Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: RUTLEWWARNER GENERATION PLANT Facility Contact: Facility Address: SR 1723 CUSI'ER AVE FAYt?TTEVILLE. NC 28301 Phone Number: Fax Number E-mail address Pl�R1�-rrr IN1=o�M��•rloN Permit Contact: ALLEN It WALLACE Mailing Address: PO BOX 1099 FAYEITEVILLE, NC 28302 Plione Number: 910=1936925 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: SNean-i Class: Number of oult'Als: CERTIFICATION Public Works Commission of >~ayettevil Allen R. Wallace P.O. Box 1089 n —E a-y e_t.t.e-v-..11e_r Nf 2.$3-L2 —(-9-10..)--.23=A8.13_ 8.3-6.6.8.0 1n) 483-6680 —r-e-g g , e_ w a-Ua�@�a-y pLw c,. c n m .___Ca.pe F.ear..-Ri-ver-.._.___.. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date 0a k, 2t04r Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 oi: W n tE9 f 0= qy J ❑ Y PERMIT COVERAGE RENEWAL APPLICATION FORM National Pollutant Discharge Elimination System Stormwater Discharge Permit Pcrmit Number NCS0003G9 THIS APPLICATION MUST IIE SIGNEI) AND RETURNED ALONG WITH THE REQUE"STED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY I.OR RENEWAL OF YOUR STORMWATER PERMIT NCS000369 The following is the infclr�,jjg,tionrcurrently in our database for your facility. Please review this information carefully and make all corrections 5 nCessary1+.tti+�spac�PcQV14�et3`,lothe�;agt of the current information. _. r' OWNER INFORMATIO nn , Owner/Org .Name: 1311T[ U M1�• ^� 'Public Works Commission of >iayettevil Owner Contact: Allen R. Wallace Mailing Address: OCT 14 2004 P . Phone Number: f Fax Number r. DENR - WAJER QUALITY ��„—e' E-mail address: ; POINT SOURCE BRANCH ...r.-E FACILITY INFORMATION _ Facility Name: BUTLE:RIWARNER GL7N_E A CTfi1N'rLANT`' ` Facility Contact: Facility Address: SR 1723CUSTERAVE �2?_7_�1C'uSt_g..r ja_von-.11.e FA YE, Nt: 28301 —Fay-e-tt.e_vi d_e ,___N_C_28-3_L2 Phrme Number: __.,(, 9_L0_)_ _2 2 3_=_4.81.3---_ Fax Number—(_9-1-0-.)-4 83-6Z 8.0 }--mnil address: _�es�.gi�-. w. 1L ��Li a-y_pwc . Com PERMIT INFORMATION Permit Contact: AL1.EN R WALLACE Mailing Address: Po 13ox 1089 I-AYETTEV1L1.E. NC28302 Phone Number: 9t01836925 Fax Number: F-mail address'. DISCHARGI: INFORMATION Discharge Receiving Water Stream C'.Liss: Basin. -,till-B a"irt ., Ntill] he:' uf()utfalIN: C 1?RTIFICATION (910 L--223-4813 r.e g-gi -p- w a I I a c e [.f a Y p-w-c_._-.c-.0III _Lo_r.ks.s-r_e_P_k. -__-Cape Fear_ River I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is Irue, complete and accurate. Signaturea Date �c�• l� 2��¢ _. f\ikw +� • %-• aA�ace ' t W %r ?� �,r.a8 e,^ Print or type name of person signing above 'Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WILSON A. LACY, COMMISSIONER PUBLIC WORKS COMMISSION 955 OLD WILMINGTON RD TERRI UNION, COMMISSIONER P.O. BOX 1089 WIS J. OLIVERA, COMMISSIONER OF THE CITY OF FAYETTEVILLE FAYETTEVILLE, NORTH CAROLINA 28302-1089 MICHAEL G. LALLIER, COMMISSIONER TELEPHONE (AREA CODE 910) 483-1401 STEVEN K. BLANCHARD, CFO/GENERAL MANAGER ELECTRIC & WATER UTILITIES FAX (AREA CODE 910) 829A207 Butler -Warner Generation Plant October 1, 2004 Ms, Aisha Lau Stormwater and General Permits Unit Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application Dear Ms. Lau: On behalf of the Public Works Commission of the City of Fayetteville, N.C., I have attached the permit application renewal form required for the subject stormwater. permit. I have also attached the supplemental information and certification forms requested by Mr. Bradley Bennett in his letter of September 20, 2004. With respect to the Stormwater Pollution Prevention Plan Development and Implementation Certification, I have signed the certification form subject to the following exceptions relative to full implementation of the Plan: The Analytical Monitoring has not been completed according to the specified schedule. The required samples will be gathered during the next four rainfall events prior to November 30, 2004, and a supplemental summary of the results will be forwarded within 30 days after all results have been received. Documentation of Qualitative Monitoring is not sufficiently complete to demonstrate that all Monitoring was completed as required. Compilation of additional data is on -going and a supplemental summary of results will be forwarded within 30 days after completion of the data compilation. I hope this information is adequate to meet your requirements. I discussed our circumstances and plan for completing the required monitoring with Mr. Ricky Revels of the Fayetteville Regional Office earlier today, If you have any questions concerning this BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 1, Butler -Warner Generation Plant Stormwater Permit No. NCS000369 Renewal Application October 1, 2004 Page 2 information or need any additional information, please contact me at (910) 223-4813. Pc: Mr. Bradley Bennett Mr. Ricky Revels Attachments (8) Yours very truly, Allen R. Wallace Power Plant Manager State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director September 20, 2004 BUTLER/WARNER GENERATION PLANT ATTN: ALLEN R WALLACE, OR SUCCESSOR PO BOX 1089 FAYETTEVILLE, NC 28302 Dear Permittee: &?a LTWA AT;J NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Butier/Warner Generation Plant Permit Number NCS000369 Cumberland County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000369. This permit expires on March 31, 2005. 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 supplimental 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 October 1, 2004 in order for the permit to be renewed by March 31, 2005. Failure to request renewal by October 1, 2004 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 Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Fayetteville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper " ice' , 1� Proposed 2006 MSGP Part 4 - Sector -Specific Requirements for Industrial Activity Subsection 0 - Sector 0 - Steam Electric Generating Facilities. 0.1 Covered Stormwater Discharges. The requirements in Subsection 0 apply to stormwater discharges associated with industrial activity from Steam Electric Power Generating Facilities as identified by the Activity Code specified under Sector 0 in Table D-1 of Appendix D. 0.2 Industrial Activities Covered by Sector O. This permit authorizes stormwater discharges from the following industrial activities at Sector 0 facilities 0.2.1 steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to produce a steam source, including coal handling areas;' 0.2.2 coal pile runoff, including effluent limitations established by 40 CFR Part 423; and 0.2.3 dual fuel co-gencration facilities. 0.3 Limitations on Coverage. 0.3.1 Prohibition of Non-Stormwater Discharges. Non-stormwater discharges subject to effluent limitations guidelines are not covered by this permit. 0.3.2 Prohibition of Stormwater Discharges. The following are not covered by this permit: stormwater discharges from ancillary facilities (e.g., fleet centers, gas turbine stations and substations) that are not contiguous to a stream electric power generating facility and heat capture co -generation facilities. 0.4 Stormwater Pollution Prevention Plan (SWPPP) Requirements. In addition to the following requirements, you must also comply with the requirements listed in Part 2 in the permit. 0.4.1 Drainage Area Site Map. (See also Part 2.1:2) Identify the locations of any of the following activities or sources that may be"exposed to precipitation or surface runoff. storage tanks, scrap yards, and general refuse areas; short- and long-term storage of general materials (including but not limited.to supplies, construction materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizer, and pesticides); landfills and construction sites; and stock pile areas (e.g., coal or limestone piles). Part 4 — Sector 0 ! 118 Proposed 2006 MSGP 0.4.2 Good Housekeeping Measures. (See also Part 2.1.5.1) 0.4.2.1 Fugitive Dust Emissions. Describe and implement measures that prevent or minimize fugitive dust emissions from coal handling areas. To minimize the tracking of coal dust offsite, consider procedures such as installing specially designed tires or washing vehicles in a designated area before they leave the site and controlling the wash water. 0.4.2.2 Delivery Vehicles. Describe and implement measures that prevent or minimize contamination of stormwater runoff from delivery vehicles arriving at the plant site. Consider procedures to inspect delivery vehicles arriving at the plant site and ensure overall integrity of the body or container and procedures to deal with leakage or spillage from vehicles or containers. 0.4.2.3 Fuel Oil Unloading Areas. Describe and implement measures that prevent or minimize contamination of precipitation or surface runoff from fuel oil unloading areas. Consider, at a minimum (or their equivalents), using containment curbs in unloading areas, having personnel familiar with spill prevention and response procedures present during deliveries to ensure that any leaks or spills are immediately contained and cleaned up, and using spill and overflow protection (e.g., drip pans, drip diapers, or other containment devices placed beneath fuel oil connectors to contain potential spillage during deliveries or from leaks at the connectors). 0.4.2.4 Chemical Loading and Unloading. Describe and implement measures that prevent or minimize contamination of precipitation or surface runoff from chemical loading and unloading areas. Consider, at a minimum (or their equivalents), using containment curbs at chemical loading and unloading areas to contain spill, having personnel familiar with spill prevention and response procedures present during deliveries to ensure that any leaks or spills are immediately contained and cleaned up, and loading and unloading in covered areas and storing chemicals indoors. 0.4.2.5 Miscellaneous Loading and Unloading Areas. Describe and implement measures that prevent or minimize contamination of precipitation or surface runoff from loading and unloading areas. Consider, at a minimum, covering the loading area; grading, berming, or curbing around the loading area to divert runon; locating the loading and unloading equipment and vehicles so that leaks are contained in existing containment and flow diversion systems; or equivalent procedures. 0.4.2.6 Liquid Storage Tanks. Describe and implement measures that prevent or minimize contamination of surface runoff from above -ground liquid storage tanks. Consider, at a minimum, protective guards around tanks, containment curbs, spill and overflow protection, dry cleanup methods, or equivalent measures. Part 4 — Sector 0 119 , •k. Proposed 2006 MSGP 0.4.2.7 Large Bulk Fuel Storage Tanks. Describe and implement measures that prevent or minimize contamination of surface runoff from large bulk fuel storage tanks. Consider, at a minimum, containment berms (or its equivalent). You must also comply with applicable State and Federal laws, including SPCC. 0.4.2.8 Spill Reduction Measures. Describe and implement measures to reduce the potential for an oil or chemical spill, or reference the appropriate part of your SPCC plan. At a minimum, visually inspect, on a weekly basis, the structural integrity of all above -ground tanks, pipelines, pumps, and related equipment, and effect any necessary repairs immediately. 0.4.2.9 Oil -Bearing Equipment in Switchyards. Describe and implement measures that prevent or minimize contamination of surface runoff from oil-bearing equipment in switchyard areas. Consider using level grades and gravel surfaces to retard flows and limit the spread of spills, or collecting runoff in perimeter ditches. 0.4.2.10 Residue --Hauling Vehicles. Inspect all residue -hauling vehicles for proper covering over the load, adequate gate sealing, and overall integrity of the container body. Repair, as soon as practicable, vehicles without load covering or adequate gate sealing, or with leaking containers or beds. 0.4.2.11 Ash Loading Areas. Describe and implement procedures to -reduce of -control the tracking of ash and residue from ash loading areas. When practicable, clear the ash building floor and immediately adjacent roadways of spillage, debris, and excess water before departure of each loaded vehicle. 0.4.2.12 Areas Adjacent to Disposal Ponds or Landfills. Describe and implement measures that prevent or minimize contamination of surface runoff from areas adjacent to disposal ponds or landfills. Develop procedures to reduce ash residue that may be tracked on to access roads traveled by residue handling vehicles, and reduce ash residue on exit roads leading into and out of residue handling areas. 0.4.2.13 Landfills, Scrap yards, Surface Impoundments, Open Dumps, General Refuse Sites. Address these areas'in your SWPPP and include appropriate BMPs as referred to in' Part 2 of the permit. 0.4.2.14 Vehicle Maintenance Activities. For vehicle maintenance activities performed on the plant site, use the applicable BMPs outlined in Attachment 1, Subsection P. 0.4.2.15 Material Storage Areas. Describe and implement measures that prevent or minimize contamination of stormwater runoff from material storage areas (including areas used for temporary storage of miscellaneous products and construction materials stored in lay -down areas). Consider the following (or their equivalents): using flat yard grades; collecting runoff in graded swales or ditches; using erosion protection measures at steep outfall sites (e.g., concrete Part 4 — Sector 0 120 Proposed 2006 MSGP chutes, riprap, stilling basins); covering lay -down areas; storing materials indoors; and covering materials temporarily with polyethylene, polyurethane, polypropylene, or hypalom Stormwater runon may be minimized by constructing an enclosure or building a berm around the area. 0.4.3 Comprehensive Site Compliance Evaluation. (See also Part 3.1) As part of your evaluation, inspect the following areas monthly: coal handling areas, loading or unloading areas, switchyards, fueling areas, bulk storage areas, ash handling areas, areas adjacent to disposal ponds and landfills, maintenance areas, liquid storage tanks, and long term and short term material storage areas. 0.5 Monitoring and Reporting Requirements. (See also Part 3 of the permit.) Table 0-1. Sector -specific Numeric Effluent Limitations and Benchmark Monitoring Subsector (Discharges may be subject to Benchmark Effluent requirements for more than one Parameter Monitoring Concentration' Limitation Guidelines sector/subsector) Steam Electric Generating Facilities Total Recoverable Iron 1.0 mg/L -- (Industrial Activity Code "SE") Total Suspended Solids (TSS) 100 mg1L -- 'You must monitor quarterly in the first year of your coverage for each benchmark parameter (see Part 3.2.2.1). For each parameter, no additional benchmark monitoring is required if the average of your 4 monitoring values does not exceed the benchmark (see Part 3.2.2.3). However, for each parameter there are additional requirements if the average of your four monitoring values exceeds the benchmark (see Part 3.2.2.4). Part 4 — Sector 0 I21 Butler -Warner Power Plant Subject: Butler -Warner Power Plant Date: Tue, 05 Aug 2003 14:59:31 -0400 From: Paul Rawls <Paul.Rawls@ncmail.net> To: Grady Dobson <Grady.Dobson@ncmail.net>, Barbara Scantling <Barbara.Scantling@ncmai1.net>, Belinda Henson <Belinda. Henson@ncmail. net>, Ricky Revels <Ricky.Revels@ncmail.net>, Don Register <Don.Register@ncmail.net>, Dale Lopez <Dale.L,opez@ncmail.net>, Ken Averitte <Ken.Averitte@nemail.net>, Hughie White <Hughie.White a ncmai1.net>, paul sherman <paul.sherman@ncmail.net>, larry baxley <larry.baxley@ncmail. net>, Dean Morris <Dean.Morris@ncmail.net> John Ezzelle with PWC called to ,report a 10 square foot area of oily sheen on the pond at the Butler -Warner Power Plant It was discovered it at 12:00 noon Unknown source at this time Called Thomas Ammons with Env. Hydogeological Consultants to perform a clean up. The pond will have to rise 3 feet to discharge: If it discharges it would go to Gum Log Canal then to Lock Creek then to Cross Creek. Asked him to contact local stormwater and to give us a update when situation is resolved. Copy to Stormwater File. of 1 8/8/2003 10:47 AM file://lUntitled John Ezzelle with PWC called to report a 10 square foot area of oily sheen on the pond at the Butler -Warner Power Plant It was discovered it at l 2:00 noon Unknown source at this time Called Thomas Ammons with Env. Hydogeological Consultants to perform a clean up. The pond will have to rise 3 feet to discharge: If it discharges it would go to Gum Log Canal then to Lock Creek then to Cross Creek. Asked him to contact local stormwater and to give us a update when situation is resolved. Copy to File, i of 1 9/512003 2:59 PM State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Allen R. Wallace Butler -Warner Generation Plant P.O. Box 1089 Fayetteville, NC 28302 Dear Mr. Wallace: 4'T • • NCDENR NORTH C.+AROLINA DEPARTMENT OF ENVIRONME111 aIIVED S March 15, 2000 WR FAYETTEVILLE REG, OFFICE Subject. Permit No. NCS000369 Butler -Warner Generation Plant Cumberland County In accordance with your application for a stormwater discharge permit received on October 8, 1998, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS �or Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Fayetteville Regional Office Central Files Stormwater and General Permit Unit Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NCS000369 V 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 G eneral,Statute 143-215.1, other lawful ..: standards and regulations promulgated and adopted by thN�orth Caoolina Environmental. Management Commission, and the Federal Water Pollution Ci3ntroI`Act, as amended, Butler -Warner Gen— eraiion-Plant is hereby authorized to discharge stormwater-from a'facility located at tr; Butler-Waer Gene rnration Plant SR 1724 Custer Avenue *l`°,Fayetteville Cumberland County to receiving waters designated as an -unnamed tributary to Locks Creek, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective January 1, 2000. This permit and the authorization to discharge shall expire at midnight on December 31, 2004. - — - Signed this day December 10, 1999. for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000369 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 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 1 Permit No. NCS000369 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. FIow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements. 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance la. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000369 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 ! of 2 ■ Permit No. NCS000369 SECTION C: LOCATION \IAP f ¢yY 1 1 f di r 1 ti5h \� J 15aa;-: / %-i!+ V �f• .722jo • 1f '�j !• 4 r li 93 % ,' • h it N�Q iI! u ■ r P r 1 �f a +9$ . 1723 �• �� + is I1• + • � I rs'• ■s�e� ' a Ojo- � � �i� !" `, s• r� as 1JJf ! / a 1�' • � O V� —� L • f j+' rt • ' ' GP Tower Fin\j,\j).5 1 � j�%— J�.+�[j• �94 1 r, 9 Ij p23s•s4: : '• _ � 1 ' • - � � � � Sys '� a''r . . ; . �-----, 1 _ « go II .I s°'ram -�a s rj`C •/ IIl;1 v` \� +`�� ¢ 1730 y yyz � /� J � ♦a ' � i N �`. 3 . +r 1 •. • 1725 41 No sly S. 'r f'� I =-=ca �� 1 �• yr: : r e* - w PartI Past 2 of 2 - Permit No. NCS000369 PAR_ T 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 Part II Page 1 of 6 Permit No. NCS000369 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority - chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BN4P 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 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall ,; ment schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of 6 Permit No. NCS000369 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing 'the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BNIPs 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 II Page 3 of 6 Permit No. NCS000369 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 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analvticai Monitorine Requirements w "``Discharge. ti� Measurement Stimple ` Sample Characteristics r Units Fre uencyix , r T e? 3 LocationO. n �� _: . �.. H standard Quarterly- 4' year Grab SDO Total Rainfall4 inches Quarterly- 4" year Event Duration4 minutes Quarterly- 4' year Total Flow4 MG Quarterly- 4'" year _ SDO Footnotes: I Measurement Frequency: Once per quarter during the a 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 ether; (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 Monitoriniz schedule Monitoring period .'. :.Sample Ntimber "''' .` ww. a \y k• Y .0 ,.- l h+J Year 4 - 1" quarter 1 January 1, 2003 March 31, 2003 'Year 4 - 2"" quarter .. 2 . .. April 1, 2003 ;.. _ June 30, 2003 -. Year 4 - 3" quarter 3 July 1, 2003 .. September 30, 2003 Year 4 - 4"' quarter 4 October 1, 2003 December 31, 2003 Part II Page 4 of 6 Permit No. NCS000369 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 the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Discharge Characteristics ;" ` "Frequency r;,�" ,, Monitoring eLocationi Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floatin Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shalt 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. AP analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of Part II Page 5 of 6 Permit No. NCS000369 the permit at each stormwater discharge outfaIl (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part R, Section B). Table 4. Analvtical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics` ' -zr �'r� �r''+r , �r,'� �''. �, . �,,� � Unitts';',' ��,,; � �� r �� � � rs Measurement ,� z;,�.,:t,:�r� ��.�� xx `� Fre uenc 1a Sample` �.�,•� � r r �� __e2 : f, T ,, ;Location3 , H standard Quarterly- a year Grab SDO Oil and Grease mg/1 Quarterly- 4'" year Grab SDO Total suspended Solids m Quarterly- 4" year Grab SDO New Motor Oil Usage allons/month Quarterly- 0 year Estimate - Total Flow4 MG Quarterly- 4t6 year Grab SDO Footnotes: I Measurement Frequency: Once per 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) 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 II Page 6 of 6 Permit No. NCS000369 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee 'shall comply with Limitations and Controls specified for sormwater 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 II, 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. 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).] Part III Page 1 of 10 Pages Permit No. NCS000369 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: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $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 - $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. 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, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part III Page 2 of 10 Pages Permit No. NCS000369 7. Severabilit 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. S. . 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 CIean 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 $I0,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1. Individual Permit Ex iration 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 ISO days prior to the expiration date. Any permittee that has not requested renewal at least ISO 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 Part III Page 3 of 10 Pages r Permit No. NCS000369 subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person" except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory -Requirements All applications, reports, or information submitted to the Director shall be signed 'and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position.having responsibility for the overall operation of the regulated facility or activity,' such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or. position having overall responsibility for environmental matters for the Part III Page 4 of 10 Pages Permit No. NCS000369 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 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 Tille 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 211.0100; and North Carolina General Statute 143-215.1 et. al. After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The filing of a request for a individual permit modification, revocation and reissuance, or termination does not stay any individual permit condition. The permit shall expire when the individual permit is terminated. 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 1. Proper Operation and Maintenance The permittee shall at all time-s properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the :rmittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate Part III Page 5 of 10 Pages 1 Permit No. NCS000369 quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. _ 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling 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 before the discharge joins or is diluted by any other waste stream, body of water, br substance: Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. - Part III Page 6 of 10 Pages 0 0 2 791 4 5. Permit No. NCS000369 Recordin.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: L� The date, exact place, and time of sampling, measurements, inspection or maintenance activity; The individual(s) who performed the sampling, measurements, inspection or_ maintenance activity; - The date(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then ._.::w__...._:.; ... sampling requirements may be performed at a reduced number of outfalls. Part III Page 7 of 10 Pages Permit No. NCS000369 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Insoection 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 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. Y _ Part III Page 8 of 10 Pages Permit No. NCS000369 2. 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 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 malting any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharge 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. Part III Page 9 of 10 Pages Permit No. NCS000369 b... Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Re ortin 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. 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. r Permit No. NCS000369 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 NCACG2H .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 Nan-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: ..... _. ;r-. (a) All other discharges that are authorized by a non-stormwater NPDES permit. Parts IV, V and VI Page 1 of 6 Permit No. NCS000369 (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. 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 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 with'n, the first 30 minutes of discharge. --- Part VI Page 2 of 6 Pages Permit No. NCS000369 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. MuniciQal 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. 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 outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the pernuttee to perform.ar _lytical monitoring at a reduced number of outfalls. Part VI Page 3 of 6 Pages I Permit No. NCS000369 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include wastewaters utilizing any type of detergent or cleaning agent. 21. , Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow'for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the 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 II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Si gnificant 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 �f Part VI Page 4 of 6 Pages Permit No. NCS000369 CERCLA; any'chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 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 5 of 6 Pages Permit No. NCS000369 a 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 6 of 6 Pages T Staff Review and Evaluation NPDES Storrnwater Permit Contact: Aisha Lau (919-733-5083, ext. 578) Facility Name: Butler -Warner Generation Plan �,Jez' ar��irJG NPDES Permit Number: NCS000369 Facility Location: SR 1724 Custer Avenue Type of Activity: Power Generation SIC code (if applicable): 4911 Receiving Stream: Unnamed tributary to Locks Creek Stream Classification: C Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part III, Section A of attached draft permit Basis for monitoring See attached Data Analysis Summary Basis for other requirements: NIA Response requested by (date): June 1, 1999 /x �//'/ ": �; /V 4 g repared by (Signatur Date j, D, hj'4 m� W o :�- /�/99 Water Quality Supervisor Date tegional Office Staff Comments: 7111 Review nfButler-Warner Generation Plant NCSD0038S Parameter Benchmark Outfall #1 Units Of the parameters monitored only pH was outside of the range allowed by the benchmark values. Therefore the only quantitative monitoring required for this site will bapHmonitoring. There will also bathe usual biannual qualitative �a�tf�sy j :. EPA GENE nAL 1. EPA { III. FACILITY NAME FACILITY Y' l„IAILING ADDRESS, FACILITY ' ' YI.'LOCATIO i \\ GENERAL INFORMATION can Vol, do Card peern, rx prWrrn -Read (.10 "r.e4r-c: lvrr_r: •na' pffa,r sea-n—s E,PZACE LABEL IN THIS SPAC GL h L4.: IN ST- UCT,p -S 1 ••.. ora C r InteC +aot• he$ teen p'•ov,otC 1•!'.'i■ It In the IISU4;r4'e4 %04Ce. Afv.9 . the , tto,,, a:ton rJrelutly: 'f any of it IS ImmrreCZ, CCri through It anc enter the Correct data Ir. the Bocroor,sIt fill —In arms usld... Also. ,t any of the proormIaid data is at:rser.t tcit are, ro Ent loft of trio label apace lira tM information that should appear), plMFe provide it in t:',• proper ef*altl billow. 11 the Wet K conolrte end Correct. you need not complen Items I. III. V. ■r+d VI kxCeof VI-8 wrt,klr musr be complerve reyardfesrl, Complete ell items if no label films been orcriOitc. Rater to the instructions for Cruised rterrl d►scrlp ticni and for the legal Avthoritationl under which this drta is collected. ll. POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submh any permit a,plictpon forms to the EPA If you Answer "Yet" to any qurnions. you mur, submit this Farm and the supplemental form listed in the panntfiesis following the question. Mark 'W' in thi box in the third column if the su;ale :,enter form is arpt:hed. It you answer "no" to each question, you need not submh any of these forms. You may answer "no` if your activity is excluded from permit requirermenn; see Section C of the inxtructions. Sells also, Section O of the ins Inuc ions for defir!:ions of bold —farad terms. SrECI11C CVCSTIOMS ee.w iij .• f. .,•a.• a►LCl/lt OU[STIOnS M , • '° ..ac.,.� A, Is "Is la: I,:; a Publicly owned treatment work2 j l 8. OCI" or will this fac;ii y hioler aAisting or proposed) w-:cr m_-%s In a dmchor" to waters of the U.S,? 1 I include a evnce"trrtsd Animal foodinq'oporrtion or f (FORM 2: 1 I aquatic ar+lrs+al prodtacLion twillty which rt+ults in A I . 1' dhicltergo tow but of zhe US.T (FORM 2B) ` isC:V fesJI.1 ,n arPRs } 1s this a proposed facollry locIlor than Maw orscriDed i to wtrtrn of the U.S, ort+e• than %nose oestribed in I in A or 6 abosil whiCt will result in a diet giiii to ; - '_ mace' 1'.']z'.! 2C wvte of t}ta US.) (FORM 201 t+ ,. I• E C-ts t w ! .`..s !a::''v treat, sto•e, or dispose of I hasar:ous X F. Do you or will you inject at this facility indurrtal or municipal affluent below. trio lowermost rtraturn Con• k wart ass iFQR!,l 31 1 raining, within one quarter mile of the well bore, r— r� underground Sources of drinking water? {FORM 4) „ , S. " A. :r"S }Ci;i:V any DroducedI ++a'! d• o-ne' t,u,Cs ooh,cn are brought to the surface +r.:--atnec..an w,tr, conventional oil or natural pro- 1 I H. po You or will you inject fit this facility fluids for spa- cial pnoceszaa RUC.h as mining of sulfur by th• Frisch I I gas proerss, solution mining of mtnare1%, in situ 1-ombus- d JCS•C'- inlet: l'u�Cs used for Anna need recovery of j e.- of na;vra' gas. cr Inject fluids for storage of liquid lion Of (pail fuel, Dr recovery of geOthern.al •nrrgy? I I h droia'Oons? IFORMt 41 s t-rs AC::,.y a pr000see Itatlonary source vvhith Is one c' the 28 industrial categories fined in the in, (FORM 4) J. is this tacillry a pr atau"ry eurta which Is NOT one of the 28 industrial ataQories listed in the „ �� �• t, 1.77 t. tt:u_-'.Cat anC wh,Ch w,h potentially emit t00 tons Instructions and which will potentially emit 250 tons ce' veu of any a,r Dollutani regulated under the per year of any air pollutant regulated under the Clain Clea- AP, Ac: aria mar affect or, be looted in anX1 Air Act and Maryin affect or be pointed in an at Inmern atta:nrnent arias I.'GF!v: 51 Arts) (FORM 51 a n III. NFACILITY NAME OF FACIL + + , SK1♦ .. � t •� •fit-u .t ' IV. FACILITY CONTACT 1WORM, M Eg / •r, �, *>'. .,i _ lu -- — =:- -:5-.L>-r.-- r 2. E�1.,jit7 c. :X_ �y!•`yr��LLr- r ,''� "3^0 3"'j+r_.�: Sx•-. A. STPECT 09 P.O. BOX I�r, I J '� f - • I 1 a. CITY 0 Ft Towii4 IC STATE: C ZIP C001C r e 63 !r s • • .: "` .':'!.��w,'�• •,.:•. �w Via.. "ff�' .�;;;::! ('�yiS"�^"'..,. ��.s r f .:C'�: ..1:: L-'�i: f;• ..{. .4 '.'+5-2,='t-`..+.+L��. 6 � y�..-�`.y ti. �-- w-•' +f t t qi v t -• c � _ .�a Yj-!j��S„�'�w{_9�''R>[[�`-'--y`''1.5�1L�-'�,�wg"(i.�.�_ ����:1�'.;ti�:'��.'. �.7.r r�-�. ,�4'.'y �� T`V �V'J`:f�!9.[rr.w•y W,' a COU^,Yy ft^"L ::Ty 04.TO-- lO ST♦TE L 1:t• Coot EPA Fora+ 3510.1 IRer 1().S()l CONTINUE ON REVERSE 1-12 .'it. SIC CODES ae',q, •r ,Croe• �• �or:n A .AST r s�cc-•o J r�� 7 C. T..IwO t o FOUNT.. rill. OPERATOR INFOR1.,ATIGMr A. NAME is %no Marna IIrcoc In r ,II Wn VIII•A Ono oY<.r�� NRG� o TLWI .. s1aT OU - YESX N C. STATUS Or OPERATOR ;Enter the appropriate lever Into the answer box, if "Other", rpeelf.. a PHOME (area coat ! no t eO %,AL M PUBLIC(Orhtr Mart federal orttTte) S STATE O `OTHER (specifyl (lpecify/ c 1 A l I / 0—K �( � `� f A P PRIVATE e. STPIrrT OR ►,O, box TCU,S,TjtK IAVeur, F, CITY OR 10w14 r—STArld,IK. ZIP CODE IX. INDIAN LAND It IRr fjcaiLY iOCat On 1nC.Sn iinCt� 1•��.�• r • 1 • r F.Y I�� iTL� YESN O st C. EXISTING ENVIRONMENTAL PERMITS w ,_ A. 1ar0es 1Diaeharyet eo S6Ffaer %'drerl o, rso (,fir Emiuiont from Propottd Sourcrtl ., e {v 9 P fl b ULC (L'nd<•7,cu-n0 fnrecrion O,rFluidij IL. OT►I[FI (tp<eifyl , 1 c r Itpt�fyl C. AC iA Ih•a-ardour h'attrtl I. OT► En ttpeeifyl rtprci •1 11 "tl'4 •1 1, XI. MAP a' — Attach to this application a topographic map of the area extending to at least one mile beyond property bounderies. The map mur, show the outline of the facility, the location of each of its existing and proposed intake and discharge struculres, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it intiew fluids underground. Include all springs, rivers and other surface water bodes in the map area. See instructions for precise requirements. XII. NATURE OF BUSINESS 1proride•a beef description the 6 ,+ter- WOrtler Gener41on arry era�`�s eleciric4n duri pari.od5 of hI'o roahaS dI. ya b CfL,• 'e111. CERTIFICATION two inttnxoantl I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and thar, cased on my inquiry of those persons immediately responsible for obra(ning the information contained in the application, I believe that the information is true, accurate and complete. I am aware that (here are significant penalties for submirting false information, including the possibility of fine and imprisonment. w r. L • OI FIC 1a 7'1T6. 1. , np., Ar - �nnr, �l� Y SIGNATURE S. OAT( SIGnLG 'Ohsl+iENTS FOR OFFICIAL USE OtiLY a _ . . , . . . . • I L I 1 1 1 1 • 1 1 t 'A Farm 3510.1 tRrY. 10-801 A@vorsa 1-13 K EPA ID Number. (copy from from I of form 1) Form Approved OMB No, 2040-4086 Please print or rypa in the unshaded areas only Nr, [ 1q 5(1,l Q 1)9 e, S Approval expires 5.31.92 F'. Form 2F hPDES United States Environmental Protection Agency Washington, DC 204W ^E RA Application for Permit To Discharge Stormwater �� Discharges Associated with Industrial Activity Paperwork Reduction Act Notice pubtfc IL -poring burden for this application is estimated to average' 28.6 hours per application, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of inlorma:icin. Send comments regarding, the burden estimate, any other aspect of this collection of information, or Suggestions for improving this form, including suggestions which may increase or reduce this burden to: Chief, Information Policy Branch, PM•223. U.S. Environmental Protection Agency, 401 NJ St., SW. Washington, DC 20460. or Director. Otfiee of Information and Regulatory Affairs, Office of Management and Buoget. washing:ort. DC 20503. 1. WWI Location Pot each out!al1 list 11-.e latitude and lontiitucle of its location to the nearest 15 seconds and the name of the receiving water. A- Outfall Number (1is!J B. Latitude C. ton itude D. Receiving Plater name, 4111 350 1 41.1ve 2ff-0 , 11, Im rovements A. Are ycu now required by any Federal, State, or local authority to meet any implementation schedule for the consuuction, upgrading or operation of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not,limited to, permit con,1lions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. S e m Q n 1. Identification of Conditions, Agreements. Etc, 2. AHected Outfatls 3. Brief Description of Project 4. Final Compliance Date number source of discharge a, req. b. pro', J21P A L CA ih y e it rp Pr 0 ' O f B. You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you pta . indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction, �� �emQnf; III. Site Draina a M Artach a site map showing topography (or indicating the outline of drainage areas served by the ouriatt(s) covered in the application if a topographic map is unavaaable) depicting the facility including: each of its intake and dischargge atruCtureS: the drainage area of e&C h storm water outfall; paved areas and buildings within the drainage area of each storm water outfafi, each known past or present areas used for outdoor storage or disposal of significant materials, each existing structural control measure to reduce pollutants in storm water runolt, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are applietl: each of its hazardous waste treatment. storage or disposal units (including each area not requifed to have a RCRA permit which is used for accumulating hazardous waste under 40 CFR 262.34); each well where fluids 4 l e�fa .1.ty are injecle erground: springs, and other surface water bodies which feceive storm water discharges from the facility, EPA Form 3510.2F (11-90) Page.1 of 3 2 —1 continue on Page it Continued from the Front A. For each outfall, provide an estimate of the area (include units) of impervious surfaces (including paved areas and building roofs) drained to the oultall, and art estimate of the total surface area drained by the ou ll. Outialt Area of Impervious Surface Total Area Drained Outfall Area of Impervious Surface Total Area Drained Nurnbgrl fpMvide LOW (RrpvLde units) Number i i r acres C� B. Provide a narrative description of significant materials that are currently or in the past three years Have been treated, stored or disposed in a manner to allow exposure to storm water; method of treatment, storage, or disposal; past and present materials management practices employeQ, in the last three years, to minimize contact by these materials with storm water runoff; materials loading and access areas, and the location, manner, and frecluency in whirh pesticides, herbicides, trail conditioners, and fertilizers are applied. OVe,r 4, �ase-ar5 But-GR hA4- rr►Ai-14A;ned sevQN ot6o+✓e�.ro�„d 5ko; Abe +a�lk S w �, rJ+ s - re of +0 5 000, 000 a ran s o-( �CIAle 1 of L (4ceror/ea or s ill ea 4ure.�lese coy-�a,�rnenf I'� ea0 old 14 10 pia �4-a►,1k 10 c oc/I . // e m;� ' I "i ►n )n b (es 0 � 9� uj fl 1? 8 4 �S� 1 G �u r.�r -F�G 4 On ---he- �U1-�P si+p are 54or'ed ivi coi,44a rlie- as�sforQ 2 5 cwb;>~��s� :��� +H�-�Fd�lowr�,� bf�� �Citr`�1 s : °� 5{�e Su lemetn�� C. For each ouyall, provide the location and a description of existing structural and nonstructural control measures to reduce pollutants in Storm water runoff; and a description of the treatment the storm water receives, including the schedule and type as maintenance for control nd Ireal-mentr n l i lid Ourall List Codes from Nurnber Treatment. TINTINe 2F.1 061-im WJtr o(DLL S n f a G-we-'te4Immi, V. Nonstormwater Dischar es A. I certify under penalty of law that the outfali(s) covered by this application have been tested or evaluated for the presence of nonswerwater discharges, and that all nonstormwater discharges from these outfall(s) are identified in either an accompanying Form 2C r Form G li^ i n r h"Nall, Kame and Otlicial T,tle (ry or rr r) Signature Date Signed 8_ Provide a description of the method used, the date of any testing, and the onsite drainage points that were directly observed during a lest. See- 444c kmeA 7 Vi. Si nilicant Leaks or Spills Provide existing information regarding the history of significant leaks or spills of toxic or hazardous pollutants at the facility in.the last three years, including the approximate date and location'of the spill or leak, and the type and amount of material released. 0(1 or abut(+ jU0Ve-4ber '7-�/ �q q 5 a ;maw `� s�bsur-�a�e release d 0T � a Fu� ! ( A),25 OGi�Sce � -' d r , o � e pp oXr rv14 �� �� 60 +O 10 0 w P,5- o -e 4-h e co vN+r o I -c a b -�o r- TLA,Ir 6, v, e �W 3. -iin 4� e -eke re)ec r.e loco ti'o✓► 1 Iv%Ves4i afe froeess of ;davi+4fVe5presanc.&- t140 5 revea led of a s onoec ar re fAse in -�-�e -Fuel lines (ead,'V% T'Arbtive 41 anal between Turbi+�e 1�rQs- 1 anc Alo. S', 3P,e SL4ppjerAe,4 . EPA Form 3510.2F (11.90) Page 2 of 3 Continue on Page 3 2F-2 EPA ED Number (copy hom hem ! of form 1) Continued from Page 2 1 Ale b 9,za' /9 A' 96''S Vfi. Qischara A.S,C, S D: See instructions before proceeding. Complete one set of tables for each outfall. Annotate the out'fall number in the space provided. Tables VII•l, V11•8, and V11-C are included on se crate sheets numbered 1/11.1 and V1E-2. E: Potential discharges nor covered by analysis • Is any pollutant listed in Table 2F•2 a substance or a component of a substance which you currently use or manulaclure as an intermediate or final product or byproduct? Yes (list all such llutanrs below No o to Section +(0 Y% rease -0*�aJJ,nd GV111. Biological Toxicity Testing Mi la Do you have any knowledge or reason to believe that any biologicat lest for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes lisf atl such Mutants befow No f2a to Section 22 Were any of the analyses reported in hem V performed by a contract laboratory or consulting firm? ® Yes (listarralthe name, address, and telephone number of, and pollutants No (go to Section V A. Name B. Address C. Area Code & Phone No. D. Pollutants Analyzed gyros s C ree La�a a ( *46 Easlern (q 10) 0 5;,-741) a0V leVavd Ag 301 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 fine and imprisonment for knowing violations. A- Name S Official Title (ype or print) 1 B. Ate Code and Phone No. ��tetn "_3a,�att , •.�eyr r. u v :�n QVk e►ti�- �q��) k �3 'dQe7 S C. Signature D. Date Signed EPA Form 3514-2F (11-90) Page 3 of 3 �� w EPA 10 N mber (c from r:em r c.1 Form r) I-orm Appmo ea 0MS No. 2040.0066 ' L R 1�J/) f/Q 5 Approval expires "1.92 V11. Dischar a iniormati m fcontinued from page,3 of Form 2F Part A • You must provide the results of at lgazz one analysis or every ollutant +n IN tabl plot a table for eacn outtall, see instructions for additional details. 1 Maximum Values Pollutant 1 (nclude units) and Grab Sample Taken Outing CAS Number i First 30Flow-weighled lifova;la]re) ` Minutes Composite Average Values Number (include units) of Grab Sampte Storrs Taken During First 30 ` Flow -weighted Events Minutes Composite Sampled Sources of Pollutants 01 and Grease J I m�/ A- N PC N �- 31ologicat Oxygen Demand IB0051 m 3r6� 9 L 1 ry� N A ( ' ) f J/ A I 1 1 Chemical Oxygen Demand fCOD1 ! � ynpJ%1 I I L � f{ �f l Total Suspended S. �, ,nJo Solids (TSS1 � � r 1 � I Total lCeldant Nitro en 0( rV� Nitrate plus Nitrite Nitrogen p (J O< t tit tj A vnosnnorvs {k ! O' 067 nH Minimum :.1"Irrum t `An1mVrn M31Imum Part B - USt eacn pollutant Intl Is limited in an effluent guideline which the l3crtity is sublect to or any pollutant l,stetl in the tac,lrly s NPOE permit for its process wastewater (if trio IacrGty is operating under a sting NPDES perm tl Cbmptete one table for each outtall. • h I!311ruclions for CC1110nal geta,11A anarentirrefrents I Maximum Values Average Values Pollutant (include units) (include units) and Grab Sample Grab Sample Taken Outing Taken During CAS Number F1ow.waighted Flow -weighted Fret 30 First 30 (if available) I Minutes Composite Minutes Cam oslte Number of Storm Events Sampled 1 Sources of Potlutants S ! i I l I I l I 1 I 1 ! I I I - f I E ! ! I - EPA Form 3510.2F (11-90) Page V11•1 Continue on Reverse 2F-f4 r' u Cern}Inued from the Front Part C - l•.ist each pctlutant shown in Tables 2F-2. 217•3, and 2F-4 that you know or have reason to believe is present. See the instructions tot additiona: details and requirements. Complete one table for each outiall. Pollutant and CAS Number (if availaSle) maximum Values (include units) Average Values (include unhs) Number of Storm Events Sampled Sources of Pollutants Gran Sample Talten Dunng Firs; 3a Flow•weighted mposite Grab Sample Taken Outing First 30 Minutes Flow -weighted Composite Part O - Provide data for the storm events which resulted in the maximum values for the flow weighted coin ostie sample. t. Date of Storm Event 2. Duration of Storm (in rri;mees 3. Total rainfall during storm event in inches 4. Number of hours between beginning of storm meas• ured and end of preylous measurable rain event S. Maximum floe rate during rain event {gallons/minute or specify urths 6• Total flow from rain event (gallons or specify units 7. Season sample was taken S. Form of Precipitation (rarnfarl, snowmelt) hlf /,,V#o v�;►a+t�e5 POW 1 nche5 13 q hou r5 . K A �l �' �11�i`r►i� �a�n�a�� 9. Provide a description of the method of flow measurement or estimate. No - low. rneaslicfeme►4s w?,re e541.ma_�ed, Q Y, 5c oL s,&vvt es ` -k k e, n EPA Form 35t0.21F ri1.gm ' pane VIL7 2F—J State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E,, Director Mr. James M. Kizer, Jr., P.E. Moorman, Kizer & Reitzel, Inc. P.Q. Box 53774 Fayetteville, North Carolina 28305 Deaf Mr. Kizer: IT MAS �•• C)EHH N F =1 February 15, 1995 nECDI FEB 24 1995 ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE. Subject: Stormwater Management Proposal PWC Butler Warner Generation Plant Fayetteville, Cumberland County Our office has completed their review of the Stormwater Management Proposal submitted in September 1992 and January 1995 for the PWC Butler Warner Generation Facility that was constructed near Fayetteville. Our review of the Stormwater Management Plan for this facility indicates that the facility will not have any discharge of stormwater runoff to the surface waters of the State except during a storm event in excess of the 25-year, 24-hour design storm. All stormwater from the activity and future expansion of the plant drains Tito a stormwater detention pond. This pond is designed to store the runoff from the 25-year storm, 18.4 acre-feet of volume. The pond will be drawn down by irrigation of the grassed areas around the plant to maintain sufficient storage. All wastewater from the plant, such as cooling tower blowdown and demineralizer regenerate, are discharged to the sanitary sewer system. - Systems which are do not have a direct discharge to surface waters of stormwater runoff except as a result of rainfall events in excess of the 25-year, 24-hour storm are not required to obtain NPDES stormwater permits by this Division. Such systems are considered to be non -discharging stormwater systems. There are no permits required for non -discharging stormwater systems. It is our conclusion that this facility is not required to have permits under G.S. 143-215.1(a) for stormwater from this facility. If you have any questions concerning this matter, please contact Mr. Bill Mills of my staff at 919-733-5083 ext. 548. Sincerely, Coleen lins, P.E. �l t Supervisor, Permits and Engineering Unit �e e� cc: /ay6tteville Regional Office Public Works Commission of the City of Fayetteville, Butler -Warner Generation Plant Central Files wlattachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919 . An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper