HomeMy WebLinkAboutNCS000023_Final Permit_20100521NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 21, 2010
Mr. Guenter Burkhardt
Good Earth Horticulture, Inc.
5960 Broadway Street
Lancaster, New York 14086
Subject: Final NPDES Stormwater Permit
PermitNCS000023
Good Earth Horticulture — Star Plant
Montgomery County
Dear Mr. Burkhardt:
In response to your request for continued coverage under NPDES stormwater permit NCS000023, the
Division of Water Quality (Division) is forwarding herewith the subject state- - NPDES permit. This permit
is issued pursuant to the requirements of North Carolina General Statute'143-215 .1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency
dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on April 6, 2010.
If any parts, measurement frequencies or sampling r6qu4,�aments contained in this permit are
una,-- eptable 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 Ili, B.2. addresses the requirements to be
followed in case of change in ownership or control of this discharge. This permit does not affect the
legal requirements to obtain other permits which may be required by the Division of.Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal
or Local governmental permit that may be required.
If you have any questions or comments concerning this permit, contact Cory Larsen at (919) 807-6365
or cory.larsen(@ncdenr.gov.
MAY 2 4 2010
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOrthCaTOlina
Location: 512 -6 N. Salisbury St. Raleigh, North Carolina r Service:
.p .���1`N�� y .
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 f�/�/ ` `1//
Internet: www.ncwaterquality.org
An Eaual Onnorlunity 1 Affirmative Action Emnlover
Mr. Guenter Burkhardt
Good Earth Horticulture, Inc.
Permit No. NCS000023
.. j.
Sincerely,
for Coleen H. Sullins, Director
cc: Fayetteville Regional Office, Mike. Lawyer
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments
2
NCS000023
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as. amended,
GOOD EARTH HORTICULTURE; INC.
is hereby authorized to discharge stormwater from a facility located at
Good Earth Horticulture, Inc.
694 Griffin Farin Road
Star, NC
Montgomery County
to receiving waters designated as Rita Branch, a class WS=III 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 June 1, 2010.
This permit and the authorization to discharge shall expire at midnight on May 31, 2015.
Signed this day, May 21, 2010.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
DENR-®
MAY 2 4 2010
M
Permit No. NCS000023
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
S. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Permit Expiration
2. Transfers
3. Signatory Requirements
Permit No. NCS000023
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. Spills
8. Bypass ,
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV
LIMITATIONS REOPENER
PART V
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI
DEFINITIONS
ii
Permit No. NCS000023
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 acid conditions of this indivi .! •. a
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 shall not.authorize discharges associated with composting activities nor does it
authorize discharges from material containing or contacting animal manure. If at any
point during the duration of the permit industrial activities are planned to include these
practices, the permittee must notify DWQ and this permit may be modified, revoked, or
reissued as necessary.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I of 2
SECTION C: LOCATION MAP Permit No. NCS000023
r
S
Map Sole 1-20,000
GOOD EARTH HORTICULTURE, INC.
Latitude; 3511 23' 58" N
Longitude: 7911 4502" W
County: Montgomery
Receiving Strearrs: Rita Branch
Stream Class: UPS -I II -
Sub -basin: 03-06-10 (Cape Fear River Basin)
Facility Location
Part I Page 2 of 2
Pe mit No. NC SGu0023
PART II MONITORING, CONTROLS, AND- LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater F"011ution Prevention Plan, herein after referred to as .
the Plan. 'This Plan shall be considered public information in accordance with Part III, Standard.
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation routes
and surface waters, the name of the receiving water(s) to which the stormwater
outfall(s) discharges, or if the.discharge is to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. The general location
map (or alternatively the site map) shall identify whether each receiving water is
impaired (on the skate's 303(d) list of impaired waters) or is located in a
watershed for which a TMDL has been established, and what the parameter(§)
of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater. discharge from each outfall.
(c) 'A site map drawn to scale (including a distance legend) showing°,the site prop .(Aly
boundary; the storniwafer di! charge outfalls,' all on -site and adjacent,surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all'drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
Part II Page 1 of 9
Permit No. NCS000023
accordance with the requirements found in Part -III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stonnwater discharges.
2.'' Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or.
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility. Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and.
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements .and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
.,
containment areas shall be maintained, If the secondary contaimment 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); and any stormwater that accumulates in the
containment area shall beat a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater. shall be released if found to be
uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time
of the release shall be kept for a period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. `1 he installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stonnwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Plan.: The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials j
inventory of the facility. Facility personnel (or the team) responsible for implementing
Part II Page 2 of 9
Permit No. NCS000023
the SPRP shall be identified in a written list incorporated into the SPRP and signed and.
dated by each individual acknoMedndng their responsibilities for the plan. A:, responsible
person shall be on -site at .all times during facility operations that have the potential to
contaminate Stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control. and 'Countermeasure plan (SPCC) may be a component of the `SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements, of the SPCC with the SPRP maybe incorporated by reference into .the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance,. and housekeeping
activities of stormwater control. systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material Handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and. for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility perso nel (or teatii)
responsible for implementing the training shall be identified,. and their annual training
shall be documented by the signature of each employee trained.
6. 'Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, -and
revision to the Plan. Responsibilities for all components, of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The pelmittee shall amend the Plan whenever there is a change in
design; construction, operation, or maintenance which has a significant effect on the
potential -for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred.. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed.in the BMP
Summary of the Stormwater Management Plan.
Part II Page 3 of 9
Permit No. NCS000023
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The pennittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph,5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stonnwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection.
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stonnwater discharge characteristic monitoring
required in Part II B and C of this permit.
9. Implementation. The perm:ittee.shall implement the Plan. Implementation of the Plan
shall. include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
ofactions taken to implement BMPs associated with the industrial activities, including
vehicle -maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 9
Permit No. NCS000023
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 12 analytical samplings being conducted over the term of
the permit at the representative stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than. 0.1 inches must be at least
72 hours.. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Table 1
Analvtical Monitoring Reouirements
Discharge
Characterist cs
;Units .'
Meilsurement Frequency1
Sample
T `'e2
;Sample
Location3
Total Suspended Solids
mg/L
Quarterly, semi-annual
Grab
SDO
Biochemical Oxygen Demand
mg/L
Quarterly, semi-annual
Grab
SDO
Chemical Oxygen Demand
mg/L
Quarterly, semi-annual
Grab
SDO
Total Nitrogen
mg/L
Quarterly, semi-annual
Grab
SDO
Total Phosphorus
mg/L
Quarterly, semi-annual
Grab
SDO
Ammonia
mg/L
Quarterly, semi-annual
Grab
SDO
pH
standard
Quarterly, semi-annual
Grab
SDO
Total Rainfall a
inches
uarterl Semi-annual
Q Y, _
ain &tuge
- i
Footnotes:
1 Measurement Frequency: Quarterly year 1 and then twice per year afterward during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge from the main pond.
3 Sample Location: Samples shall be collected at the main pond outfall location.
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 36.days must separate sample dates
unless monthly monitoring has been instituted under a Tier Two response.
Part II Page 5 of 9
r �
Tnhle 2_ Monitoring Schedule
}
Permit No. NCS000023
Monitoring periodl'2:
.Sample;Number .
Start.
End
Year 1— Period 1
1
June 1, 2010
August 30, 2010
Year 1— Period 2
2
September 1, 2010
November 30, 2010
Year 1— Period 3
3
December 1, 2010
February 28, 2011
Year 1— Period 4
4
March 1, 2011
May 31, 2011
Year'2 — Period 1
5.
June 1, 2011
November 30, 2011
Year 2 — Period 2'
6
December 1, 2011
May 31, 2012
Year 3 - Period 1
7
June 1; 2012
November 30, 2012
Year 3 — Period 2
8
November 1, 2612
May 31, 2013
Year 4 — Period 1
9
June 1, 2013
November.30, 2013
Year 4 — Period 2
10
November 1, 2013
May 31, 2014
Year 5 — Period 1
11
June 1, 2014
November 30, 2014
Year 5 — Period 2
12
November 1, 2014
May-31, 2015
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. If at the expiration of the Individual
Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline,
the permittee will be considered for renewed coverage. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period. .
The permittee. shall report the analytical results froir* each sample_within the monitoring period. The
permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark
1'! 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
pennittee to increase monitoring, increase management•actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two. ;
Table 3. Benchmark Values' for Analytical
Monitoring
Discharge Characteristics
Units
Benchmark •:.
Total Suspended Solids
mg/L
100
Biochemical Oxygen Demand
mg/L
30
Chemical Oxygen Demand
mg/L
120.
Total Nitrogen
mg/L
30
Total Phosphorus
mg/L
2.
Ammonia
mg/L
7.2
pH
standard
6 - 9.
Part II Page 6 of 9
Permit No. NCS000023
If: The first,valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall, _ f
Then: The permittee shall: 4 !'
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.
1'. Identify potential and.select the specific: source controls, operational controls, or physical . .
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected. actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include
the date and value of the benchmark exceedance, the inspection date, the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
T ier: Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall:
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2..-hnmediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples.Monthly (analytical and qualitative)
monitoring shall continue until. three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply. with reporting requirements. 1.
4. Maintain a record of the Tier.Two resporse in the S'tormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed
the benchmark value, or are outside the benchmark range, for any specific parameter at any specific out -fall on
four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writirt within iQ.=-iO.,s of
receipt of the fourth analytical results. DWQ i�.y but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls; .
• require the permittee to implement other stormwater control measures;
• require that the permittee implement site modifications to qualify for the: No Exposure Exclusion;
or
• rescind or revoke permit coverage and require the permittee to cease discharge from the main pond
SDO and resume spray field operation.
Part II Page 7 of 9
"Y
Permit No. NCS000023
SECTION C: QUALITATIVIE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the
Stonnwater 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
Diseharge Charaeteristies
FrequeneyY
1Vlomtoring `'
I;ocation2
Color
Quarterly, semi-annual
SDO
Odor
Quarterly, semi-annual
SDO
ClarityQuarterly,
semi-annual `
SDO
Floating Solids-
Quarterly, semi-annual
SDO
Suspended Solids`
Quarterly, semi-annual
SDO
Foam
Quarterly, semi-annual
SDO
Oil Sheen
Quarterly, semi-annual
SDO
:Erosion or deposition at the outfall •
'Quarterly, semi-annual
SDO
xuOther obvious indicators
:of stonmwater pollution
Quarterly, semi-annual
1
SDO
Footnotes:
1 Measurement Frequency: Quarterly year I and then twice per year afterward during a representative storm
event, for each year until either another permit is issued for this facility or until this permit is revoked or
rescinde'dJ See Table 2 for schedule of monitoring period: through the end of.this permitting cycle.
2 Monitoring Location: Qualitative monitoring shall be performea at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
'Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stonmwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Part II Page 8 of 9
Pennit.No. NCS00()023
w
Table 5. Analvtical Monitoring Requirements for On-iite Vehicle Maintenance
Discharge Characteristics
Units
Measurement ,
Sam le
Sam le
Tre uenc 1
T ' p2
location3
pH
standard
Quarterly, semi-annual
Grab
SDO
TPH / Non -polar O&G
mg/L
Quarterly, semi-annual
Grab
SDO
[EPA Method 1664 (SGT-HEM)]
Total Suspended Solids
mg/L ,
Quarterly, semi-annual
Grab
SDO
Total Rainfa114
inches
Quarterly, semi-annual
Rain
-
gauge
New Motor Oil Usage
gallons/month
Quarterly,. semi-annual I
Estimate I-
Footnotes:
1 Measurement Frequency: Quarterly year 1 and then twice per year afterward 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 precipitatic;i must be recorded. An on -site or local rairt
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 'Leeping, aiid/or
install stormwater Best Management Practi 6es (BMPs), as provided in Part II Sectio i.B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Mon
Discharge Characteristics Umts Bene marls
pH standard 6-9
TPH / Non -polar O&G
[EPA Method 1664 (SGT-HEM)]
mg/L 15
Total Suspended Solids mg/L 100.
.toring
Part II Page 9 of 9
Permit No. NCS000023
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 II,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months, of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part 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
itions of this'.indi�idual permit: Any permit noncompliance
The permittee must comply with all cond
constitutes a violation of tlie.,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 coraply 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 $5000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed. an administrative penalty'not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 USC 1319 and
40 CFR 122.41(a).]
C. Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
maybe assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405. of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act: Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class II violations are.not to exceed
Part III Page 1 of 8
Perinit No. NCc000023
$10,000 per day for each day during which the violation continues, withthe 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 shalfbe construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the,permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 13211.
6. Property Rights
The issuance of this individual permit does.not convey any property rights in either real or personal
property, or any exclusive privileges; nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application' of any provision of this individual permit to any. circumstances, is held.invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty .to Provide Information;,
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit.
The permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
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 than $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. NCS000023
s
10: Penalties for Falsification of Reports' S
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 CONIDITIO:NS
1. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees, as are
required by the. agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS § 143-215.36 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the: Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All ahplicatioris, reports, or information submitted to ,,he Director "shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representativeis responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited parinership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
"ranking elected official, or other duly authorized employee. . '
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative" only if:
(1) The authorization is made in writing by a person described above; ,
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a. position of equivalent
Part III Page 3 of 8
Permit No. NCS000023
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' documentunder paragraphs a. or.b. of this section shall make the following .
certification:
"I certify, under penalty of law; tliht.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 belief, true, accurate, .
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215,•1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause.,, The notificxttion of plamned
changes or anticipated noncompliance •does - iot stay any individual permit condition.
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 individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit..
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with.the condition of this individual
permit.
3. Bypassing of Stormwater Control Facilities'
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8
Permit No. NCS000023
b. (here 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 pennittee 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 j
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of j
the Director.
i
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:
i
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.''he date(s) analyses were performed;
d. The individual(s) who performed the analyses;:
e. The analytical techniques. or methods used; and .,
f. The results of such analyses.
3. ` Flow Measurements
Where required, appropriate flow measurement.devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC .regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts; and to regulations published pursuant
to Section 304(g), 33 USC 1314; of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part III Page 5 of 8
Permit No. NCS000023
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 pzocedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that -the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements, may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an aut horize'd contbactor
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 perni ttee's premises,where a regulate-d 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 delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part III Page 6 of 8
Permit No. NCS000023
When no discharge has occurred from the,facility during the report period, the permittee is required to
submit a .discharge monitoring report;.within 30 days of the .end of the six-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
The permittee shall record the required qualitative monitoring observations.on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
SO.
.2. Submitting Reports =a
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by each RO can be found here:
http.//www.enr.state.ne:us/html/regionalofflces.lTtml.. The. permittee shall retain the completed originals
on site.. Visual monitoring results, should not be submitted to. the Regional Offices or Central Files unless
specifically requested by DWQ.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-21-5 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 143-215.613 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 (ManRes
The permittee shallgive notice to :the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter.the nature or quantity of pollutants discharged: This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40' CFR Part 122.42 (a).-'
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which,may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8
Perniit No. NCS000023
7. Spills
The permittee shall report to the local. DWQ Regional ,Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including:-dny oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill'
regardless of amount occurring within.100 feet of surface waters; and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
8. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, .if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
I
9. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
'the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain ;;, description of the noncompliance, and its causes, the period of
noncompliance, including exact dates and times, and if the noncompliance has not been con`ected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the -oral report has been received
within 24 hours.
10. .Other Noncompliance .
The permittee shall report all instances of noncompliance notreported under 24 hour reporting at the time
monitoring reports are submitted.
11. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8
1VCS000023
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 thet.Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. ContainsYdifferent conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this, paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30-(thirty) days after being billed
by the Division. Failure to pay.the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause.
this Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges.which shall be allowed in the
stormwater conveyance system are:
(a) All:other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals; springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training,
3. Best Management Practices (BMPs)
Measures or practices used to.reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More, information on BMPs can be found at:
littp://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
4. Bvaass
A bypasii is the known diversion of stormwater from.any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
5. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660, gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320. gallons.
Parts IV, V and VI Page 1 of 4
Permit No. NCS000023
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream; river basin, effective date of coverage under
the permit and is signed by the Director:
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission:
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g)
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an Individual Permit.
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
18. Point Source Discharge of 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.
e
Parts IV, V and VI Page,.2 of 4
Permit No. NCS000023
19.
Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20.
Representative Outfall Status
When.it . 5 established that the discharge of stormwater runoff from a single outfall is representative of the .
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. -
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22.
Section 313 Water Priorit� 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-
to4,now Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. Meets at least one of the following criteria-
(1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
(2). Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 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. 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.
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 I IQ.10 and CFR 117:21) or section 102 of
CERCLA (Ref: 40 CFR 302.4):
26. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined,' or discrete conveyance, including but
not limited to, storm sewer pipes, drainage ditches, channels, spillways; or.channelized collection areas,
from which stornwater flows. directly or indirectly into waters of the State of North' Carolina.
Parts IV, V and VI Page 3 of 4
Permit No. NCS000023
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 Activitv
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 in40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan .
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the'pollution potential of the site..
30. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific
water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at
http://h2o.enr.state.ne.us/tmdl/)
31. Toxic Pollutant
Any pollutant listed as toxic.und.er Section 307(a)(1). of the Clean Water Act.
32. Vehicle Maintenance Activitv
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication,, vehicle cleaning operations, or
airport deicing operations.
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
• ,t
Parts IV, V and VI Page 4 of 4