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HomeMy WebLinkAboutNCS000462_OTHER_20161031NORTH CAROLINA r, Department of Environmental Qual STORMWATER DIVISION CODING SHEET NCS PERMITS PERMIT NO. � r �S � D DOC TYPE 0 FINAL PERMIT -�-MONITORING REPORTS- ----------- ❑ APPLICATION ❑ COIy1Ptl"ANCE �3THER DOC DATE ❑ ol6 I (p I O 3 YYYVMMDD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. James Murphree Matheson Tri-Gas, Inc. 1700 Scepter Road Waverly, TN 37185 Dear Mr. Murphree: PAT MCCRORY Co emrrr ❑ONALD R. VAN DER VAART Secrvory TRACY DAVIS Director October 31, 2016 Subject: NPDES Stormwater Permit NCS000462 Matheson 'Fri -Gas, Inc. Formerly Air Liquide Industrial US LP Wake County Division personnel received your request to revise your stormwater permit to accurately reflect your new company and/or facility name. However, the permit coverage expired November 30, 2016. Individual NPDES stormwater permits typically expire 5 years from the date of issuance and are subject to a renewal process at that time. - fart III, Section B.1. directs the permittee to apply for renewal no later than 180 days prior to expiration. We cannot transfer an expired permit. We can, however, both transfer and renew at the same time. In order to renew NCS000462, please complete the attached three forms and mail to the DEMLR Central Office in Raleigh. Once we receive the completed documents, we can begin the renewal process. Because the process includes a staff report from the regional office and a 30-day public notice period; you can expect a 75-90 day turn around time from the date we receive completed documentation. We will hold your name/ownership change request until the renewal application comes in, As long; as there are no outstanding annual lees for this permit, there is no fee associated with the renewal. Slate of North Carolina I Environmental (htality I Fnergy, Mineral and Land Resources 1612 Mail Service Center 1 512 Nonh Salisbury Street I Raleigh, Nonh Carolina 27699-1612 919 707 9220 T If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land cc: Wake County fA I& Regional Office Storm ater Permitting Program Files Central Files Enclosures (Renewal Forms) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000462 ,rO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Matheson Tri-Gas, Inc. is hereby authorized to discharge stormwater from a facility located at Matheson Tri-Gas, Inc. 326 Forestville Road Wake Forest Wake County to receiving waters designated.as Smith Creek; a class.C; NSW stream in the Neuse River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V and VI hereof. Signed this day October 31, 2016. ORIGINAL SIGNED BY BETH �4Y GEORGOUL AS .far Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission A� Division of Energy, Mineral & Land Resources �� Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System NCDENR «,. G. u. '.,.' R[fay.ce, a. PERMIT NAME/OWNERSHIP CHANGE FORM rmwp:w[Kr w0 H D FOR AGENCY USE ONLY Date Received Year Month Day 1. Please enter the pert -nit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C $ tP 10 10 1 4 G 2 N C G 11. Permit status prior to requested change. a. Permii issued to (company naive): Air Li uide Industrial US LP b. Person legally responsible for permit. Donna M Smith First MI Last Director of Environmental Cgn2liance, Air Liquide USA LLC Tine Permit Holder Mailing Address Houston TX 77024 01V State Zip { 713 ) 402.2399 ( 713 _) 402.2054 I'ltnne - � � Fax ._.. Y Facility name (discharge): Air Li uide Industrial U.S. LP Facility address: 326 Forestville Road Address Wake Forest NC 27587 City State Gip e. Facility contact person: Brett Phillips ^(919 ) 556-6461 First l MI I Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: _ Change in ownership of the facility ❑ Name change of the facility or owner If aiher please explain: b. Permit issued to (company name): Matheson Tri-Gas, Inc. W c. Person legally responsible for permit: RECEIVED h I lf; 1. 8 2015 DENR-LAND QUALITY STORMI<WER i'ERM11'7iNG d. Facility name (discharge): e. Facility address: f: Facility contact person: Tames �1v urph_ Free _ First Ml Last / Corporate Director of Environmental Compliance ✓ Title 1700 Scepter Road Permit Holder Mailing Address Waverly TN 37185 01V State Zip ( 931 ) 296-8151 jmurphree@rnathesongas.com Phone 1--mail Address Matheson Tri-Gas, Inc. 326 Forestville Road Address Wc. �r� t NC 27587 City Slate `Lip Brett Phillips_ First MI. Last 919-556-6461 bpltillips@nall)esongas.com Phone li-mail Address V. Permit contact information (if different from the person legally responsible for the permit) Revised Jan, 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: James Murphree First MI Lost / Corporate Director of Environmental Compliance 'hide 1700 Scenter Road Mailing Address Waverly TN 37185 City state zip ( 931 296-8151 imurphreepmatheson gas. con Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ❑x Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ❑x Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is reed ibr an ownership change request. Articles of incorporation are not sufficient for an ownership change. ...................................................................................................................... The certifications below must be completed and signed by both the permit holder, prior to the change, and the new applicant in the case of an ownership change request. for a name change request, the signed Applicant's Certification is sufficient, PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, ih,nna M Smith, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. '4 12 August 2016 Signature Date APPLICAN ' CFRICATION I, at this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if ali required parts of this application are not completed and that if all required supporting; information is not included, this application package will be returned as incomplete. V 1 ) / k // 7C..,„ lgnatore Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-I612 Revised Jan. 27, 2014 MATHESON ask...The Gas Professionals" August 11, 2016 Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Permit Name/Ownership Change Form NPDES Stormwater Permit Permit No. NCS000462 To Whom It May Concern, 1700 Scepter Roar! Waverly, TN 37186 Tel: 931-296-8151 jmurphree@mathesongas.com REFCt` / v ED DE'R 1 A SVD 7'ORJW t'A r R I'QRMI1" - C Please find attached the Permit Name/Ownership Change Form for National Pollutant Discharge Elimination System Stormwater Permit to provide notification of a change in ownership. The facility is located at 326 Forestville Road, Wake Forest, Wake County, North Carolina. The current permittee is Air Liquide USA, LLC. The new owner is Matheson Tri-Gas, Inc. The property transfer is scheduled for approximately August 22, 2016. Please do not hesitate to contact me if you have any questions or concerns either via electronic mail at jmurphree@mathesongas.com or by telephone at 93I-296-5151. Regards, James Murphrec, Corporate Director of Environmental Compliance Matheson Tri-Gas, Inc. Attachments A Taiyo Nippon Sanso Group Company ENECUTION VE)MON ASSET PURCHASE AGREEMENT BY AND BETWEEN MATHESON TRI-GAS, INC., as Buyer, AIR LIQUIDE INDUSTRIAL U.S. LP, AND AIRGAS MERCHANT GASES, LLC, as Sellers, AND TAIYO NIPPON SANSO CORPORATION, as Guarantor DATED AS OF JUNE 23, 2016 ASSET PURCHASE AGREEMENT This ASSET PURCHASE AGREEMENT (this "Agreement"), dated as of June 23, 2016, is entered into between Air Liquide Industrial U.S. LP, a Delaware limited partnership, ("Air Liquide") and Airgas Merchant Gases, LLC, a Delaware limited liability company, ("Air as" and, together with Air Liquide, "Sellers" and, each, a "Seller"), Matheson Tri-Gas, Inc., a Delaware corporation ("Buyer") and Taiyo Nippon Sanso Corporation, a corporation organized under the laws of Japan ("Guarantor"). RECITALS WHEREAS, Sellers are engaged in, among other businesses, the Business; WHEREAS, pursuant to the Termination and Release Agreement, Buyer, Air Liquide and Air Liquide America L.P., a Delaware limited partnership, ("ALALP") have agreed to terminate certain portions of the Non -Competition Agreement, dated as of February 5, 2015, by and between Buyer, Air Liquide and ALALP; and WHEREAS, Sellers wish to sell and transfer to Buyer, and Buyer wishes to purchase and assume from Sellers, the Transferred Assets and Assumed Liabilities, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements container) herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto and Guarantor, intending to be legally bound, agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. As used in this Agreement, the following terms have the respective meanings set forth below. "Accounting Firm" means Deloitte LLP; provided, however, that if Deloitte LLP shall decline such appointment or otherwise be unable to serve, "Accounting Firm" shall mean such other independent, nationally recognized, public accounting firm that will accept such appointment and that is mutually agreed to by Buyer and Air Liquide; ro�_.vided, further, that if Buyer and Air Liquide are unable to agree on an independent public accounting firm that will accept such appointment within ten (10) Business Days after notice that Deloitte LLP has declined such appointment or is otherwise unable to serve, either Air Liquide or Buyer may request that a nationally recognized public accounting firm that has not had a material relationship with any of the Parties or Guarantor in the preceding two (2) years be appointed by the American Arbitration Association and, upon such appointment, "Accounting Firm" shall mean such firm. "AccountingFirm's Report" has the meaning set forth in Section 2.7(b)(iii). ARTICLE 2 PURCHASE AND SALE OF ASSETS; ASSUMPTION OF LIABILITIES Section 2.1 Transferred Assets. On the terms and subject to the conditions set forth in this Agreement, at the Closing, each Seller, as applicable, shall (and each Seller shall cause its applicable Affiliates to) sell, transfer, convey, assign and deliver to Buyer, and Buyer shall purchase, acquire and accept from the applicable Seller (and, if applicable, from such Affiliates), free and clear of any Encumbrances other than Permitted Encumbrances, all of such Seller's and such Affiliates' right, title and interest in, to and under all of the assets, properties and rights of every kind and nature, whether real, personal or mixed, tangible or intangible (including goodwill), whether now existing or hereafter acquired, used or held for use at a Transferred Facility and directly associated with the Business (but in all cases excluding the Excluded Assets) (collectively, the "Transferred Assets"), including the following: (a) all Inventory located at the Transferred Facilities or in storage or in transit to or from a Transferred Facility and held for use in the Business which has not been sold or otherwise disposed of by such Seller or such Affiliate in the Ordinary Course of Business as of the close of business on the day immediately preceding the Closing Date (the "Transferred Inventory"); (b) all Contracts or portions of Contracts listed on Section 2.1 of the Sellers Disclosure Schedules as amended pursuant to Section 5.20 (such assigned Contracts or assigned portions of such Contracts, the "Assigned Contracts," which, for the avoidance of doubt, include the Assigned Customer Contracts, the Transferred Transportation Asset Leases and the Transferred Facilities. Leases); (c) all prepaid expenses, credits, deposits and advance payments to the extent related to the Business; (d) to the extent transferable under applicable Law, all Permits of such Seller or such Affiliate and primarily related to the Business (which are listed on Section 2.1(d) of the Sellers Disclosure Schedules) (the "Transferred Permits'); (e) all lists of Customers, including the Customer lists set forth in Section 2.1(e) of the Sellers Disclosure Schedules; (f) all furniture, fixtures, equipment (including office, computer and telephone equipment), machinery, tanks, cryogenic vessels (and all associated Asset Cylinder pallets), tools and all other tangible personal property (the "Tangible Personal Property") located at the Transferred Facilities or held primarily for use in the Business regardless of location (such property, excluding the Transferred Transportation Assets, the Asset Cylinders and the Transferred Spare Parts, the "Transferred Tangible Personal Property") that are owned by such Seller or such Affiliate, other than any Excluded Assets; 14 (g) all leasehold interests created by leases of the Transferred Tangible Personal Property under which such Seller or such Affiliate is a lessee, including those listed on Section _2.1W of the Sellers Disclosure Schedules (the "Tangible Personal Property Leases"); (h) all trucks, tractors, trailers, railcars, forklifts, automobiles or other vehicles listed on Section 2.1(h) of the Sellers Disclosure Schedules (the "Transferred Transportation Assets") that are owned by such Seller or such Affiliate and used in the Business (the " caned Transferred Transportation Assets"); (i) all leasehold interests created by leases of the Transferred Transportation Assets under which such Seller or such Affiliate is a lessee, including those listed on Section 2.1(i) of the Sellers Disclosure Schedules (the "Transferred Transportation , Asset Leases'; 0) the Asset Cylinders located at the Transferred Facilities (other than in connection with the Alaska Business) and the Asset Cylinders listed on Section 2.1(i) of the Sellers Disclosure Schedules (which are the Assets Cylinders used or held for use in connection with the Alaska Business); (k) the owned Transferred Facilities; (1) the Transferred Facilities Leases; (m) all catalogs, sales promotion literature and advertising materials relating to the Business; provided however, that Sellers shall be entitled to retain copies of any such materials that also relate to the Excluded Assets or any businesses of Sellers other than the Business; (n) (i) originals or copies of all books of account, ledgers and general, financial and accounting records, machinery and equipment maintenance Files, environmental and operational records and reports, appraisals, Customer purchasing histories, Supplier lists, production data, quality control records and procedures, Customer complaints and inquiry files to the extent related to the Business or the Transferred Assets, in each case to the extent maintained at one of the Transferred Facilities, and (ii) copies of all enterprise resource planning data located at the Transferred Facilities or primarily related to the Business for the six (b) month period leading up to the Closing; provided, however, that, in the case of this Section 2.1(n), (A} to the extent that any portions of such books or records arise out of or relate to both the Business and any other business of either Seller and/or its Affiliates, such portions relating to any other business of such Seller and/or its Affiliates may be extracted or redacted at the sole discretion of such Seller, (B) all Tax Returns, other documents relating to or supporting such Tax Retums (including advice and other communications from third parties, transfer pricing documentation, and work files), and all accounting books and records relating to accounting for Taxes shall be excluded and (C) all email records shall be excluded (other than in accordance with the procedures and guidelines set forth in Section 5.8(b)); (o) all of Sellers' and their respective Affiliates' goodwill to the extent related to the Business; 15 (p) to the extent assignable, all rights under warranties, indemnities and all similar rights against third parties to the extent related to any of the Transferred Assets; (q) all Included Intellectual Property; (r) all Assigned Customer Contracts; and (s) all spare parts, repair parts and specialty gas equipment held solely for use in the operation of the Business regardless of location (the "Transferred Spare Parts"). Section 2.2 Excluded Assets. Notwithstanding the foregoing or anything in this Agreement to the contrary, Buyer expressly acknowledges and agrees that it is not purchasing or acquiring, and neither Seller nor any of the Affiliates of either Seller is selling, assigning, transferring or conveying, any right, title or interest in, to or under (i) the Excluded Business or (ii) the following assets, properties or rights of either Seller or any of their respective Affiliates which shall be excluded from the Transferred Assets (collectively, the "Excluded Assets"): (a) the rights that accrue or will accrue to Sellers and any of their Affiliates pursuant to this Agreement, the Confidentiality Agreement, the Clean Team Agreement, the Termination and Release Agreement or any of the Ancillary Agreements; (b) the corporate seals, minute books, stock books, Tax returns and other Tax -related documents, books of account or other records having to do with the corporate organization of Sellers or any of their Affiliates, all employee -related or employee benefit -related files or records, any books and records (including medical records) relating to Sellers or their respective Affiliates generally and not related to the Transferred Assets or the operation of the Business, and any other books and records that Sellers or any of their Affiliates are prohibited from disclosing or transferring to Buyer under applicable Law or are required by applicable Law to retain; (c) all cash and cash equivalents, bank accounts and securities of any kind of Sellers or any of their Affiliates, whether or not held in connection with the Business; (d) all Contracts or portions of Contracts of either Seller or any of the Affiliates of either Seller that are not Assigned Contracts; (e) all accounts receivable as of the Closing Date in respect of the Business; (f) all insurance policies of either Seller or any of the Affiliates of either Seller, and all rights of any nature with respect thereto, including rights to applicable claims and insurance recoveries thereunder; (g) all rights (i) in connection with any Legal Proceedings of any nature available to or being pursued by either Seller or any of the Affiliates of either Seller, whether arising by way of counterclaim or otherwise and (ii) under indemnities and all similar rights of either Seller or any of the Affiliates of either Seller against third parties; 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. AIR LIQUIDE INDUSTRIAL U.S. LP By: Na/�-7r Title: �/��r AIRGAS MERCHANT GASES, LLC Name: Title: MATHESON TRI-GAS, INC. 0 Name: Thomas S. Kallman Title: President & Chief Executive Officer TAIYO NIPPON SANSO CORPORATION By: Name: Yujiro lchihara Title: President & Chief Executive Officer [Signature Page to Asset Purchase Agreement - Main) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. AIR LIQUIDE INDUSTRIAL U.S. LP 0 Name: Title: AIRGAS MERCHANT GASES, LLC By: Name: 7WO(Aw A. sMAER Title: PA&1P &,it MATHESON TRI-GAS, INC. By: Name: Thomas S. Kallman Title: President & Chief Executive Officer TAIYO NIPPON SANSO CORPORATION By: Name: Yujiro Ichihara Title: President & Chief Executive Officer [Signature Page to Asset Purchase Agreement - Main] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. AIR LIQUIDE INDUSTRIAL U.S. LP By: Name: Title: AIRGAS MERCHANT GASES, LLC By: Nacre: Title: MATHESON TRI-GAS, INC. By — Name: Thomas S. Kailman Title: President & Chief Executive Officer TAIYO NIPPON SANSO CORPORATION By: Name: Yujiro ichihara T'itle: President & Chief Executive Officer [Signature Page to Asset Purchase Agreement - Main] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. AIR LIQUME INDUSTRIAL U.S. LP By: Name: Title: AIRGAS MERCHANT GASES, LLC By: Name: Title: MATHESON TRI-GAS, INC. By: Name: Thomas S. Kallman Title: President & Chief Executive Officer TAIYO NIPPON SANSO CORPORATION i' By, _ 'h , Name: Yujira Ichihara Title: President & Chief Executive fficer [Signature Page to Asset Purchase Agreement - Main] CONFIDENTIAL DISCLOSURE SCHEDULES TO ASSET PURCHASE AGREEMENT BY AND BETWEEN MATHESON TRI-GAS, INC., as Buyer AND AIR LIQUIDS INDUSTRIAL U.S. LP, AND AIRGAS MERCHANT GASES, LLC, as Sellers, AND TAIYO NIPPON SANSO CORPORATION, as Guarantor DATED AS OF May S, 2016 SECTION 3.15 Real Property................................................................................................ 47 SECTION 3.15(e) Transferred Facilities................................................................................. 48 SECTION 3.16 Brokers............................................................................................................. 53 SECTION 3.17 Customers and Suppliers............................................................................... 54 SECTION3.18 inventory.......................................................................................................... 58 SECTION 5.1(a) Conduct of Business...................................................................................... 59 SECTION 5.1(b) Conduct of Business ................................................................................ 60 SECTION 5.1(b)(iii) Conduct of Business -- Capital Expenditures ....................................... 61 SECTION 5.1(b)(vii) Conduct of Business — Compensation.................................................. 62 SECTION 5.2(a) Environmental Due Diligence... ................................................................... 63 SECTION 5A0(a) Employee List..............................................................................................64 SECTION 5.10(t) Covered Multiemployer Plans................................................................... 65 SECTION 5.10(h) Employee Compensation........................................................................... 66 SECTION 5.11(a) Retained Names and Marks ............... :....................................................... 67 SECTION 5.13 Financial Assurances...................................................................................... 68 SECTION 5.18(b) Non-Solicit................................................................................................... 69 SECTION 3.15(e) Transferred Facilities OWNED TRANSFERRED FACILITIES Facility Address City State Postal code Owner Fairbanks 641 Hughes Avenue Fairbanks AK 99709 Airgas USA, LLC Gaston 180 Frontage Rd Gaston SC 29053 Airgas Merchant Gases, LLC Madison 218 Weisenberger Rd. Madison MS 39110 Air Liquide Industrial U.S. LP Mapleton 7700 W. Wheeler Road Mapleton 1L 61547 1 Air Liquide Industrial U.S. LP Mt. Vernon 1101 Highway 69 South Mt. Vernon IN 47620 Air Liquide Industrial U.S. LP Mulberry 500 Industrial Park Rd Mulberry AR 72947 Airgas Merchant Gases, LLC Mulberry Depot 305 E Mulberry Hwy 64 Mulberry AR 72947 Airgas Merchant Gases, LLC Spartanburg Brooks 125 Brooks Blvd. Spartanburg Sc 29307 Air Liquide Industrial U.S. LP St. Mary's 203 West Creek Rd St Marys PA 15857 Air Liquide Industrial U.S. LP Toledo 1720 Trade Rd. Holland OH 43528 Air Liquide Industrial U.S. LP Wake Forest 326 Forestville Rd. Wake Forest NC 27587 Air Liquide Industrial U.S. LP LEASED TRANSFERRED FACILITIES Facility Address City State Postal code Lessee Albany 1297 Feura Bush Rd. Feura Bush NY 12067 Air Liquide Industrial U.S. LP Anchorage 6350 Artie Blvd Anchorage AK 99518 Airgas-Nor Pac., Inc. Burlington 815 S McHenry Street Burlington WI 53105 Air Liquide America Corporation Carrollton 109 Tom Harris Road Carrollton KY 41008 Nitrous Oxide Corp. 48 Chattanooga 4531 N. Access Rd Chattanooga TN 37415 Donora 1 Nitrous Ln Donora PA 15033 Air Liquide America Corporation Ft. Meade, FL 3301 Hwy 630 W Ft. Meade FL 33841 Air Liquide Industrial U.S. LP Kenai 42400 Kenai Spur Highway Kenai AK 99611 Airgas - Nor Pac, Inc, Lawton 1302 SW 112th St Lawton OK 73501 Airgas, Inc. Martinez 651 Solano Way Martinez CA 94553 1 Air Liquide America L.P. Middletown c/o AK Steel- Door 360 1801 Crawford St. Middletown OH 45044 Air Liquide Industrial U.S. LA Pittsboro 8000 N. Co. Road 255 E Pittsboro IN 46167 Air Liquide America, L.P. Richmond 1100 Hensley St Richmond CA 94801 Air Liquide America Specialty Gases, LLC Spartanburg Sha 1540 Dewberry Rd. Spartanburg SC 29307 Air Liquide Industrial U.S. LP West Point 300 DuPont Street West Point VA 23191 Air Liquide Industrial U.S. LP TRANSFERRED FACILITIES LEASES Industrial and Medical Gases Business; Alaska Business Site Tenant Landlord Document Amendments/Assignment Air Liquide Lease Agreement between Owens Assignment of Leases between AL[G LLC and Air Albany Industrial Owens Corning Corning and MG Industries dated y Liquide Industrial U.S. LP dated August 5, 2004 U-S. LP December 19, 1997 Air Liquide Land Lease Agreement between Sall - Memorandum of Lease between Saint-Gobain Burlington America Ardagh Glass Foster Poster Glass Container Company, Containers, Inc. and Air Liquide America Corporation Corporation L.C. and Air Liquide America dated February 6, 2002 Corporation dated September 15, 199$ 49 A F-IWA 'ri M. NC®ENR North Carolina Department of Environment and Natural, Resources Beverly Eaves Perdue Governor Mr. Damian Vickerman Air Liquide Industrial U.S. LP 2700 Post Oak Blvd Houston, NC 77056 Dear Mr. Vickerman: Division of Water Quality Coleen H. Sullins - Director September 13, 2011 Subject: Draft NPDES Stormwater Permit Permit No. NCS000462 Wake Forest ASU Wake County Dee Freeman Secretary Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring_ changes: 1. Total Suspended Solids (TSS) has been removed from the analytical monitoring parameters and therefore analytical monitoring is only required if there is vehicle maintenance on the site. 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 II Section A. 2. Additional requirements for the Stormwater Management PIan 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 I1 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 It Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. 6. Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after July 22,1997 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carulina 27699.1617 NorthCarof ina Location: 512 N. `..alisbury SI. Raleigh, North Carolina 27604 yr I ''hone: 919-807-r,'^001 W. 919.807-64941''ustome. iervice 1-877-621-6748 �t%tuL rt 6l�%� rterneL www.nckateiquaiiit.org �/ " r Equal Opporurily l Affirmaliv;; Action Employer Mr. Stave Stadehi,an •Oir Liquide Indu--l-rial U.S. LP fermi' No. NCS000462 .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://portaI.ncdenr.org/web/wq/ws/su/bmp-manual. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@ncdenr.gov cc: Raleigh Regional Office Stormwater Permitting Unit Attachments Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 AFFIDAVIT OF PUBLICATION NORTH CAROLINA. Wake County. Ss. - NC DIVISION OF WATER QUALITY 'INTENT TO{ISSUE A! 'i STORMWATER.D45CHARGE4P&RMIT I Public Comment or.obfectlonuo the draft ipermit is invited. Sub•nit.writlen comments - la DWQ at the address below. All comments k received prior to Ocleber 21, 2011 will be "considered IR the finalldeterminotion re- ggrding Permit Issuance and Permit arovl- AnpilCdtlon: Air LlgUie',lndusl6ai U S LP,,, 1700 Post Oak Blvd. Ste IBM Houston, TX 17056 has applied for an NPOES permit t0 dischorge,stormwater.from onoridusiriai faCllityy ate, Wake Forest ASU, 326 Pore9t. i vllle Rd, Wake:ForesL.NC;- Wake County, Then facili1.y,.dischof9es to Smith Creek, ' Copies of, the draft, permit, -Number • NC5000462, are avar a61e at: •' • ° , ! Mtp;llpartal.ol nr.orglwe4fwWws/sul" I current-n6liCes Additional permit docu;l menIs ore available for the reproduction DWQ Stormwcler Permittlna Unit I 512:N, Salisbury Street -rj. (Iocatian,-xip.276a41— 1617 Mall Service Center,lmoin „, t 1.. Raleigh, NC 27699-1617 , 'ri OWQ contact: Brion Lowther'.".. 4 (9195-807.068 I.li brlan,lowther@ncdenr.gov N&0: September-16,•2011�__` »� Before the undersigned, a Notary Public of Wake County North Carolina, duly commissioned and authorized to administer oaths, affirmations, etc., personally appeared Debra Peebles, who, being duly sworn or affirmed, according to law, doth depose and say that she is Accounts Receivable Specialist of The News and Observer a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as The News and Observer, in the City of Raleigh , Wake County and State aforesaid, the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina, and that as such she makes this affidavit; that she is familiar with the books, files and business of said corporation and by reference to the files of said publication the attached advertisement for NCDENR/ DWQ/ POINT SOURCE was inserted in the aforesaid newspaper on dates as follows: 09/16l1 1 Account Number: 80763040 The above is correctly copiW from the books and tiles of the aforesaid Corporation and publication. Debra Peebles, Accounts Receivable Specialist Wake County, North Carolina Sworn or affirmed to, and subscribed before me, this 19 day of SEPTEMBER , 2011 AD, by Debra Peebles. In Testimony Whereof, 1 have hereunto set my hand and affixed my official seal he day and year a resold. "I• wothy R. irtslomv, Notary Public My commission expires June 2, 2013 NCS000462 40 jwj® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues; STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Air Liquide Industrial U.S. LP NCS000462 326 Forestville Rd, Wake Forest, NC (Wake County) Industrial -Separates air into its principal constituents, Oxygen, Nitrogen and Argon 2813 See Figure I Neuse River Basin, Sub -basin 03-04-02 C; NSW See attached draft permit. See Table 1 Issue Rating Scale: 1 ea - .to IU Ihard Coin Hance history 3 Benchmark exceedance 3 Location (TMDL, T&E species, etc 3 Other Challenges: 2 Difficulty Rating; 11/40 Description of Onsite Activities: • The facility manufactures industrial gases. • Air Liquide is the world leader in gases for industry, health and the environment. The Group offers innovative solutions based on constantly enhanced technologies and produces air gases (oxygen, nitrogen, argon, rare gases...) and many other gases including hydrogen. From www.airliguide.com/ Documents Reviewed: } Page 1 of 7 NCS000462 is • NPDFS Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • I:PA Sector -Specific Permit, 2008 • 2010 303(d) List • 2009 Neuse 13asinwide Plan History: • June 16, 2006: Date permit re -issued. Analytical monitoring was included for TSS, semi-annually. • December 22, 2010: Date pennittee submitted renewal application. Page 2 of 7 NCS000462 Figure 1: Map or Facility r r VjAk, I 'I%Z j 7 1 N J m AP �50",r S". f EH� —4— 77- L, gs- N11W —J- Wake Fcre 14 U v I A, 7x . 5Y x A P f V j C— %.j (+q 411 f -W z 0; v r w, iam] . 130 NCS000462 Air Liquide Industrial U S LP Wake Forest ASU Latitude: 350 57' 13" N Vi, L"We: 780 3 V 2" W I CoLnty: Wake ti Recei-ving Stream: Smith Creek Stream 0 ass: C; NSW A* Scale 1:24,0DO Sub -basin: 03-04-02 (Neise River Basin) Fa cil i ty Loca tion Page 3 of 7 NCS000462 i • Central Office Review Summary: 1. Owner's Other Permits: W10500015 (expired) — Injection Heating/Cooling Water Return Well (5A7) 2. General Observations: The potential exposures for stormwater pollutants at the oils involved with the various compressors and in storage. 3. Impairment: Smith Creek is on the 2010 303(d) list and impaired for ecological/biological integrity and F ishCom. Basinwide Plan states Smith Creek [AU# 27-23-(2); C; NSW] from the Wake Forest Reservoir to Neuse River (5.8 miles) is Impaired for aquatic life based on a Fair fish community bioclassification. Smith Creek is surrounded by a mixture of land use cover including forest, residential and industrial and the headwaters for this creek include the rapidly developing towns of Wake Forest and Rolesville. The riparian zone is wide, shaded and forested with some bank erosion and the stream substrate is almost all sand. No ambient monitoring standards were violated at station JA9. Conductivity at this site was elevated with readings ranging from 72 to 255 gtmhoslcm. Smith Creek is supporting for recreational uses. There are now two minor NPDES dischargers within five miles upstream of the biological assessment site: Whippoorwill Valley WWTP and G.G. Hill WTP. Jones Dairy Farm WWTP permit was recinded in October 2005. They had several limit violations in the last few years of operation (BOD, TSS, and nitrogen). These could have had an effect on the biological community in this area. 4. Threatened and Endangered: Based on the Natural Heritage virtual workroom there are no federally protected species with 2 miles of the site. However, the Four -toed Salamander (Hemidactylium scutatum) has a State Protection Status of SC (Special Concern). 5. Location: C; NSW 6. Industrial Chan es Since Previous Permit: No changes 7. Analytical Monitoring Notes: The pervious analytical monitoring only included TSS. The results from the results sent by with the application were all under the current benchmark. TSS was added to the previous permit because a value of 146 mgll was submitted with application. The 2008 EPA Multi -Sector General Permit recommends monitoring for Total Aluminum, Total Iron, and Nitrate plus Nitrite Nitrogen for Subsector C2. Industrial Inorganic Chemicals. The reviewer does not recommend monitoring for these parameters because none of them are potential pollutants for this site. Based on all of the TSS being below the current benchmark the reviewer recommends removing TSS from the analytical monitoring. The reviewer considered adding Oil and grease to the monitor because it could be a potential pollutant but the qualitative monitoring; indicates there have been no oil sheens. Therefore since qualitative monitor will still be required and will check for oil sheens, Oil and grease was not added to the analytical monitoring. 8. Qualitative Monitoring Notes: The qualitative monitoring; results were completed but not documented prior to September 2009. A compliance inspection was done in September 2009 which caused the facility to modify their sampling process arid implementation. The results show little to no signs of stormwater pollutants. Oil is a potential pollutant onsite and all the observations indicated there were no oil sheens. Page 4 of 7 W43110I1Zm Table 1: Analytical Monitoring Requires! Sampling Range Sample Date Total Flow (MGD) Precipitation (in) Duration (hours) TSS Benchmark: 100 mglL Outfall 1 Sep-10 6.7 May-10 2 Nov-09 52.4 May-09 39.2 Nov-08 6.1 Apr-08 6.4 Oct-07 4.8 Jul-07 39.4 Oct-06 3 Over Current Benchmark Data Not Collected Page 5 of 7 0 NCS000462 0 Revised Permit Recommendations: Analytical Monitoring: l . Removing parameter, TSS, from the analytical monitoring. 2. 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. 3. 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 pennit, 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. 4. 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. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Permittee Contact: Brett Phillips, (919) 556-6461 Page 6 of 7 NCS000462 • • Recommendations: Based on the documents reviewed, the application information submitted on Decembcr 22, 20 , 0 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) X-:— C. ZC�KDate ktw—q Stormwatcr Permitting Unit Supervisor / er& Date 3 -2011 for Bradley Bennett Concurrence by Regional Offi RO Water Quality Supervisor Date a of r Date . Regional Office Staff Comments (attach additional pages as necessary) .- 6k, � -"T7 VA� C k, S �� -- ff , # kA W-k, -, T J/1 - Pale 7 of 7 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr, Damian Vickerman Air Liquide Industrial U.S. 1,11 2700 Post Oak Blvd Houston, NC 77056 Dear Mr. Vickerman: Division of Water Quality Coleen H. Sullins Director November 10, 2011 Subject Final NPDIS Stormwater Permit Permit No. NCS000462 Wake Forest ASU Wake County Dee Freeman Secretary In response to your renewal application for continued coverage under NPDI?S stormwater permit NCS000462, the Division of Water Quality (Division) is forwarding herewith the subject state - NI'DES 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 an(] 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 September 13, 2011. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that no analytical monitoring is also required in this permit unless there is vehicle maintenance on the site. Failure to complete the monitoring as required is a violation of the permitand any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage from portions of this site that have been constructed after July 22, 1997 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 23.0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://portal.ncdenr.org/web/wq/ws/su/bmp-iiianual- Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location; 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX 919-807-64941Customer Service', 1-877.623.6748 Internet: www,ncwaterquality.org One NorthCarolina ;Vatundyr Air L.iquide Industrial U.S. LP Permit No. NCS000462 Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be req u i red. If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or at brian.lowther ©ncdenr.gov. Sincerely, o for Coleen H. Sullins, Director cc: Raleigh Regional Office, Water Quality Section Wake County Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Attachments 2 NC S000462 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMI-NT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE S"I'OIZMWA"I'1 R UNDER THF- 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, Air Liquide Industrial U S LP is hereby authorized to discharge stormwater from a facility located at Wake forest ASU 326 Forestville Rd Wake Forest, NC Wake County to receiving waters designated as Smith Creek, a class C; NSW stream in the Neuse River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, II1, IV, V and VI hereof. This permit shall become effective December 1, 2011 This permit and the authorization to discharge shall expire at midnight on November 30, 2016. Signed this day November 10, 2011. for Coleen 1-1. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No, NCS000462 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: Qualitative Monitoring Requirements Section C: 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 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination Permit No. NCS000462 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls ] . 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. 'Pest 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 & Bypass 9. Twenty -Four I -lour Reporting 10. Other Noncompliance ] l . Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FIFE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000462 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 NI'DES 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 I Page I of 2 SECTION C: LOCATION MAP Permit No. NCS 00462 NCS0OO462 A19p Scale 1.•24,OX Air Liquide Industrial U S LP Wake Forest ASU Latitude: 350 57' 13" N Longihide: 78° 31' 2" W County: Wake Receiving Stream: SM th Creek Stream C1 ass: C; NSW Sub-basn: OM4-02 (Neuse River Basin) Y�..d►:[:irr�Y y �.w�ir 11±�r j7Al1�M �, f Facility Location Part I Page 2 of 2 Permit No. NCS000462 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surtace 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 snap) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in Part I [ Pagel of I 0 Permit No. NCS000462 accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of'significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of' exposure is not practical, the stormwater management plan shall document the 1i asibility 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 "I'itle 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 c6nveyance 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 1bund 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. The installation and implementation of�BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BM111s. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing Part I I Page 2 of 10 Pen»it No. NCS000462 the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. "Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas. process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 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 graters. 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 I I Page 3 of 10 Permit No. NCS000462 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 Ili, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to 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. PariII Page 4 ol' 10 Permit No. NCS000462 SECTION B: 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 1, 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 1. Qualitative Monitoring Requirements Discharge'JAaracteristics :Friquentyll Monitoring 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 Shecn semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO 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 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be performed at all Part 11 Page 5 o1.10 Permit No. NCS000462 stormwater discharge outfalIS which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 3. All analytical monitoring shall be performed during a representative storm event. A representative storm event is a storm event that measures greater than 0. l 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 2. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample = Fre uenc t TypC2 Location3 I -I standard semi-annual Grab SDO Non -Polar Oil & Grease / TPH mg/L semi-annual Grab SDO IPA Method 1664 (SGT-HEM) Total Suspended Solids m j/L semi-annual Grab SDO "Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month 1 semi-annual E-stimate - 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. Sample Location: Samples shall be collected at each stortmvater 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. Part 11 Page 6 of 10 Permit No. NCS000462 Table 2. Monitoring Schedule Monitoring periodl'2 Sample Number Start . End Year l — Period 1 I December 1, 2011 May 31, 2012 Year l — Period 2 2 June 1, 2012 November 30, 2012 Year 2 — Period 1 3 December I, 2012 May 31, 2013 Year 2 — Period 2 4 June 1, 2013 November 30, 2013 Year 3 — Period 1 5 December 1, 2013 May 31, 2014 Year 3 — Period 2 6 June 1, 2014 November 30, 2014 Year 4 — Period 1 7 December 1, 2014 May 31, 2015 Year 4 — Period 2 S June 1, 2015 November 30, 2015 Year 5 —Period 1 9 December 1, 2015 May 31, 2016 Year 5 — Period 2 10 June 1, 2016 November 30, 2016 Footnotes: I 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 from each sample within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark PH standard 6-9 Non -Polar Oil & Grease / TPH [EPA Method 1664 (SGT-HEM)] m gli_ 15 Total Suspended Solids rng/L 100 Part I I Page 7 of 10 Permit No. NCS000462 Tier One !,+ If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any rameter at anv outfal Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a 'bier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier'Two If: During the tern 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: Repeat al I the required actions outlined above in 'Pier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 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. Maintain a record of the 'I'ier'I'wo response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outt�nll on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion, Part 11 Page 8 of 10 Permit No. NCS000462 PART III STANDARD CONDITIONS FOR NPDESSTORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITV 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) ol'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 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. "fhe Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2.500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A 1. 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 I I violations are not to exceed Part 1 1 1 Page 1 of 8 Permit No. N'CS000462 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S125.000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation ofthis 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 Iltcilities, 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 I319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for etTective 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 properly, 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 ofthis 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 1orr 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. P,trt III Page 2 of 8 Permit No. NCS000462 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 tine 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 I. 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 5143-215.36 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 applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duty authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor, (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative ofthat 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 Part Hf Page 3 of 8 Permit No. NCS000462 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 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 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 ol'planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS I. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 ofthis 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. NCS000462 There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Re resentative Sam lin Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. The dates) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 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 13 W, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000462 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 disch€trges that are required to be sampled, the permittee may petition the Director for representative outfall status, Ifit 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 '['he 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 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. linter 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 pertnit-, 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 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 [II Page 6 of Permit No. NCS000462 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 T 15A 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. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March I of each year. Addresses for each RO and the counties covered by each RO can be found here: http:Nportal.ncdenr.org/web/wq/home/ro. 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. Availabilitv of Reoorts Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318. all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Chan es The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the Individual Permit requirements. Par( 111 Page 7 of 8 Permit No. NCS000462 Snit The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part V1 of this permit. Additionally, the permittee shall report spills including: any oil spill ol'2.5 gallons or more, any spill regardless of amount that causes a sheen on surtace 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. Bypass Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty -Four Flour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the. noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000462 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 provisions ofthe Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days alter being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2I4 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit, PART VI DEFINITIONS Act See Clean Water ,Act. 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 NPD(S permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and tire. hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (C Discharges resulting from fire -fighting or fire -fighting training. Hest Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BM Ps may take the form of a process, activity, or physical structure. More information on BMPs can be found at: hup://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 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. Bulk Storaue of Liauid 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. NCS000462 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 IJSC 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 le 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 31l of the Clean Water Act. 13, Landfill A disposal facility or part ol'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 lacility 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 it 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 5122.26(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. PartV 1 Page 2 of 4 Pages Permit No. NCS000462 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. 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 Qutfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 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 ofthe 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 I[1, 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 I I (organic priority pollutants), 'fable 11[ (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 1 16.4, 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 ofnatural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title 11] 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 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part V [ Page 3 of 4 Pages Permit No. NCS000462 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 stormwater flows directly or indirectly into waters of the State of North Carolina. 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 Activit The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Total Maximum Dailv 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.eur.state.ne.us/tmdl/) 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 33. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 34, 25-Year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V I Page 4 of 4 Pages AIR LIQUIDE CORPORATE HEALTH, SAFETY & ENVIRONMENT December 20, 2010 Mr. Brian Lowther North Carolina Department of Environment and Natural Resources Stornwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 w n' Re: NPDES Stormwater Permit Coverage Renewal Wake Forest ASU - Air Liquide Industrial US LP _cm I 326 Forestville Road, Wake Forest, NC a Permit Number: NCS000462j Wake County Dear Mr. Lowther, Air Liquide Industrial U.S. LP (Air Liquide) would like to submit two copies of the renewal application package for the referenced facility, permit number NCS000462. The following is the sulriniary of supplemental information required as part of this renewal application. Supplemental Information Sunintarl� Site Plaw A current Site Plan from the Stormwater Pollution Prevention Plan (SWPPP) is attached showing the location of the outfalls and drainage arcas. The Site Plan also shows the location of industrial activities including storage of materials, process areas and loading and unloading areas, drainage structures, drainage areas for each outfall and building locations. SuInInar); of Analyitical Monitoriniz Results: The analytical monitoring has been conducted, documented and are within the required limitations of the permit. The AIR LIQUIDE USA LLC • 2700 Post Oak Blvd., Ste 1800, Houston,TX 77056 Phone: 713-402-2392 • Fax: 713-402-2090 Mr. Brian Lowther Page 2 of 2 12/20/2010 analytical monitoring results for Total Suspended Solids (TSS) during the term of the current permit are summarized in the Table 1. No exceedances of TSS monitoring were detected. Summary of Visual Monilorin,g Results: The qualitative monitoring results were completed but not documented prior to September 2009. In September 2009, following a Compliance Evaluation Inspection by the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Quality, the facility modified the sampling process and implemented a program for the qualitative (visual) monitoring. Since September 2009, the facility has conducted the required Qualitative Monitoring. The visual monitoring results are summarized in Table 2. Best_ Management Practices LBA4Ps2: Attached is a summary from the SWPPP of BMPs utilized at the facility. Sicnunaa, of Changes: To summarize, there have been no changes in industrial activities such as the material handling practices, the storage of materials; process areas and/or the loading and unloading areas have occurred at the facility. Should you have any questions or comments regarding this renewal application and supplemental information, please feel free to contact me at (713) 402-2393. Thank you for your attention. Very Truly Yours, Air Liquide USA LLC t Damian Vickerman Environmental Representative Enclosures c.5()dC)L�6_�_ Permit Coverage Renewal Appllcation_Form National Pollutant Discharge Elimination System Permit Number Stormwater Discharge'Permit The following is the information currently In our database for your facility. Please review this Information carefully and make all correctionsladditions as necessary In the space provided to the rightof the current information. Owner AtfillatianAnformation *Reissued Permit ralll 6e ntalled to the owner address owner / Organization Name: Air Llqulde Industrial U S LP owner Contact: -Pase81-V1net7 Mailing Address: 2700 Post Oak Blvd Ste 1600 Houston. TX 77056 Phone Number:fi24-9�$6— Fax Number: E-mail address; FacilitvlPermlt Contactinformaslon Facility Name: Wake Forest ASU Facility Physical Address: 326 Forestville Rd Wake Forest, NC 27587 Facility Contact: Brett Ph1111fs Mailing Address: Phone Number: (919) 556.6461 Fax Number- E-mail address: 010 orm@tion 7t Receiving Stream: Smith Creek Stream Class: 27-23-(2) Basin: Neuse River Basin Sub -Basin; 03.04.02 Number of Oulfalls: 17 Impaired WaterslTINID Does this facility discharge to waters listed as Impalred or waters with a finallzed'rMDL7 0 Yes O No U Don't Know ( for Informatlon on these Patters referto hftpy/h?.o.enrstate.nc.us/st►/lrtrpolred Waters TMDU 7 CERTIFICATION 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 -_ .J A- _ Date f Zl, 7 //0 Print or type name of person signing above Title Please return this completed renewal application form to- Stormwater Permitting Unit Attn: Brian Lowther l 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 y 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 pen -nit (if your permit required analytical sampling). Do n()t submit individual lab reports. The summary can consist of a table including such items as outfall number, f parameters sampled, lab results, date sampled, and stone event data. H r U 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. A summary of the Best Management Practices utilized at the pennitted 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 Stonnwater 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) GSTRIRU,C• FORESTVILLE ROAD ' `••��:— :-- �-...ram r1 . A ,a as d y tii9019 4 p � w{Tw wm ° 170 Y,YLR. IIIRI ARI AID • • • • • � • • • • • ' • • ♦ RF.Y.RYOEI . wM I E AREA. I. =,T3 ,n auoR • `V 4 awoR e W 4 f ` 0("00 ! I• • •� • I y - � I ' -� l it ' � � ' • ' • ';� ' � ' yRWR,c[' °� e a . vim. -r—_1. _T—r �s—� .Y. .. 4 I T�� o 4 r�A>,u• ` .• �.... .� � � P 1 • RRCR _,1 -'ems 3�_ _°R""` - _ COMMERCIAL COMMERCIAL LEGEND 4-- FLOW DPECTIGR PROPERTY LOX FENCE RARROAD CRAWL __--. Op STORAGE alrAu , LVTrAu x 5Tcm SEAEA LIRES S t^RT SE.CR LPES ORAN CMA SPU SIT S,ORY *AMR DR.WAGE _ _ _ _ DRm AGE SOL40ARY REVISfONS PRO -SECT LOCATION PR0.IECT DESCRiPT1GN: AS UOt1DE rnus, AL U.S. LP 326 FORES'TVLLE ROAD SITE PLAN WAKE FOREST, NC 27587 W R LD L"vspvmmenW APPROVED BY: o, LOPEZ FIGURE /1 L OF 2 ZONE REV OESCRIPTsON DATE APPROVED CHKD BY: L �R Si0009 JOB NUMBER: Tb2, 1 DYMN BY: C. MC�A%MIE DATE: 12-15-10 SCALE: NOT TO SCALE TABLE Outfall #1 Analytical Monitoring Results for TSS Date Results (mg/L) Sep-10 6.7 May-10 2 Nov-09 52.4 May-09 39.2 Nov-08 6.1 Apr-08 6.4 Oct-07 4.8 Jul-07 39.4 Oct-0& 3 TABLE 2 Outfall #1 Visual Monitoring Results Date Observations Light tan color with light tint No odor Okay clarity 10/14/2009 Little floating solids No suspended solids No foam No oil sheen Very light tan color No odor Good clarity Little floating solids 511812010 No suspended solids No foam No oil sheen Clear color No odor Great clarity No floating solids 9/30/2010 No suspended solids No foam No oil sheen Schedule 9 Air Liquide Industrial U.S. LP Wake Forest, North Carolina BMP Identification (Form will be prepared in accordance with Section B.3 of the SWPP Plan.) BMPs Description of Activities Good Housekeeping Train staff in basic cleanup procedures; encourage proper material storage techniques. Preventative Maintenance Quarterly inspection of all structures, storage tanks, catch basins, and equipment. Spill Prevention and Response Provide spill response kits and restock as necessary, as specified in the facility SPCC plan. Provide secondary containment in accordance with SPCC Plan Visual Inspections Quarterly inspections of all storage tanks; quarterly preventative maintenance inspections; annual comprehensive site inspections. Loading[Unloading and Transfer Procedures Follow procedures in facility's SPCC plan. Sediment and Erosion Control Provide storm sewer inlet protection as necessary. Note: Additional BMPs related to the storage of oils are discussed within the facility's SPCC Plan. Revised December 2010 32 S"inniary of Changes At the Wake Forest facility, there have been no changes in industrial activities such as the material handling practices, the storage of materials, process areas and/or the loading and unloading areas at the facility since the issuance of the original permit in ,tune 2006. rE"QL-TJTION. RCV>L"lyNT:IQN:P'L_�AN";-�'`�` `• V. I PMENT- E�,(yDJMP.L sr� North Carolina Dlvlslon of Water Quallty - Stormwater P.ermftling-Urilt. Facility Nome: Wake Forest ASU Permit Number: NCS000462 Location Address, 326 Forestville Rd Wake Forest, NC 27587 County, Wake "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPIT) 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 pf the person or persons who manage the system, or otiose persons directly responsible for gathering the Information, the Information gathered Is, to the best of my knowledge and belief, tfue, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the 5PPP 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 lines and Imprisonment for knowing vlolations." Sig;(nccoi'tliasgtoPenns( slguntotyroqullgnieirts}:nidreturn 'DO.NOT.:: ;. SEND STORMWATER I'OLLUTIONTREVRN;I'ION j-LAN,NYITH THIS,CERTIV? gAAVON., 1 Signature A Date _ I- // 7( f 0 `fie -tar GE -VP • PXlfgA -Y �nUcroiJ Print or type name of Berson slyning above Title SPIT Certification 5109 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director November 2, 2010 Pascal Vinet Air Liquide Industrial U S LP 2700 Post Oak Blvd Ste 1800 Houston, TX 77056 Subject: NPDES Stormwater Permit Coverage Renewal Air Liquide Industrial U S LP Permit Number NCS000462 Wake County Dear Permittee: Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000462- This permit expired on June 30, 2011. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you. receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by anus i 1. 2011 Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone: 91MG7-63001 FAX: 919-807.64921 Customer Service: 1-877.623-6748 Internet: www nmaterquality.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer osW"TtR Permit Coverage ``°P Renewal Application Form Qq., National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit iCS000258 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address Owner / Organization Name Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Air Liquide Industrial U S LP Pascal Vinet 2700 Post Oak Blvd Ste 1800 Houston, TX 77056 (713) 624-8106 FacilitvlPermit Contact Information Facility Name: Wake Forest ASU Facility Physical Address: 326 Forestville Rd Wake Forest, NC 27587 Facility Contact: Brett Phillips Mailing Address: Phone Number: Fax Number: E-mail address: Discharae Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: (919) 556-6461 Smith Creek 27-23-(2) Neuse River Basin 03-04-02 Impaired Waters[TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL.? ❑ Yes Cl No ❑ Don't Know ( for information on these waters refer to http.y/h2o.enr.state.nc us/su/lmpaired Waters TMDLI ) CERTIFICATION 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 Print or type name of person signing above Date Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 C I North Carolina Division of Water Quality - Storm water Permitting Unit Facility Name: Wake Forest ASU, Permit Number: NCS000462 Location Address: 326 Forestville Rd Wake Forest, NC 27587 County: Wake "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." i 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 (according to Oeriiiit,'i' n tor"y requirements)'and return this, Certification DO NOT .,SEND.STORMWATER POLLUTION PREVENTION.PLAN.,NNITH THIS�CERTIFICATION., Signature Print or type name of person signing above Date Title SPPP Certification 5/09 � F WAT�c�Q _O G 7 y` Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Y Alan W. Klimek, P.E.• Director Division of Water Quality June 16, 2006 Mr. Brett Phillips 1 Air Liquide Industrial U.S., LP 1 P.O. Box 1918 Wake Forest, NC 27588 Subject: Final NPDES Stormwater Permit Permit NCS000462 Wake Forest ASU Wake County Dear Mr. Phillips: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000462, the Division of Water Quality (Division) is! forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements or North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 1, 2006. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act, Reference Part 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. i Ifany parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form;of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. I a f you have any questions or comments concerning this permit, contact Aisha Lau at (919) 733-5083 x 578 or aisha,lau@ncmail.net. ; Sincerely, For Alan W. Klimek, P-E., Director cc: Raleigh Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Mr. Stephen Kim, 4 Neshaming lnterplex, suite 300, Trevose, I'A 19053 Attachments i North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699.1617 On the Internet at http;//h2o.enr.state.nc.us/ NCS000462 STATE OF NORTH CAROLINA DEPARTMENT OFiENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000462 TO DISCHARGE STORMWATER UNDER THE i 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, Air Liquide Industrial U.S., LP is hereby authorized to discharge stormwater from a facility located at Wake Forest ASU 326 Forestville Road Wake Forest Wake County I i to receiving waters designated as an unnamed tributary to Smith Creek, a class C, NSW stream, in the NeLlse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in a Parts I, 11, 111, IV, V and VI hereof. t This permit shall become effective July 1, 2006. This permit and the authorization to discharge shall expire at midnight on June 30, 2011. Signed this day June 16,2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000462 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 Permit No. NCS000462 3. Signatory Requirements 1 4. IndiviIdual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Prope'r Operation and Maintenance 2. Need to Halt or Reduce Not a Defense i 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. RepreIsentative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Repr #sentative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements I. Discharge Monitoring Reports 2. Submtitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance i 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER i PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS t 1 PART VI DEFINITIONS Permit No. NCS000462 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 I of 2 Permit No. NCS000462 SECTION C: LOCATION MAP Latitude:35°57'13" NCS000462 Facility _� {' !► Longitude: 78" 31'02" i Quad: Wake forest (C24NE) Air Liquide industrial Location Stream Class: C NSW U.S. —Wake Forest Subbasin: 03-04-02 (Neuse River Basin) t North SCALE Receiving Stream: UT to Smith Creek Part [ Page 2 cif 2 t' Permit No, NCS000462 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the . stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge, b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11I Page 1 of 8 Pages Permit No. NCS000462 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 ofisigniticant 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 pertnittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fucling 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. i b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title [l[ 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 shal I be kept for a period of five years- C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may i . Part I I I Page 2 of 8 Pages Permit No. NCS000462 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. S. 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 11 of this permit shall be performed in addition to facility inspections_ 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities; -including; vehicle- maintenance activities. Such documentation shall Part II I Page 3 of 8 Pages Permit No. NCS000462 be kept on -site for a period of five years and made available to the Director or his authorized representativei immediately upon request. i SECTION 13; ANALYTICAL!MONITORING REQUIREMENTS Duringthe period beginning on the effective date of the permit and lasting until expiration, the P g g P� b permittee is authorized to discharge stormwater subject to the provisions ofthis 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 nine analytical samplings being conducted over the term of the permit. The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table]. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frc uenc t Sample Type2 Sample Location3 Total Suspended Solids ! m L Semi-annually Grab SDO Total Rainfall finches Semi-annually- - Rainfall Event Duration minutes Semi-annually- - i Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runotT is controlled by a stormwater detention pond, a grab sample of the discharge from the t pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding aten-year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. f 3 Sample Location: Samples shall be collected at outfall 1. Part I I I Page 4 of 8 Pages Permit No. NCS0004162 Table 2. Monitoring Schedule MonitoringPeriod Sample Number Year 1 — Fall 1 September 1, 2006 November 30, 2006 Year I — Spring 2 April 1, 2007 June 30, 2007 Year 2 — Fall 3 September 1, 2007 November 30, 2007 Year 2 — Spring 4 April 1, 2008 June 30, 2008 Year 3 — Fall 5 September 1, 2008 November 30, 2008 Year 3 — Spring 6 April 1, 2009 June 30, 2009 Year 4 — Fall 7 September 1, 2009 November 30, 2009 Year 4 — Spring 8 April 1, 2010 June 30, 2010 Year 5 — Fall 9 September 1. 2010 November 30, 2010 Footnote l Maintain semi-annual monitoring during permit renewal process. Table 3. Benchmark Values for Analytical Monitoring Discharge_Charac�eristics. '' :Units _ , s wBenchntark Total Suspended Solids mg/L 100 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted. at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). PartI ll Page 5 of 8 Pages Permit No. NCS000462 Table 4. Qualitative Monitoring Requirements Discharge Characteristics ;-it Frequency I . Monitoring Location/ Color Semi -Annually SDO Odor emi-Annuaill SDO Clarity Semi -Annually SDO Floating Solids Semi-AnnuallySDO Suspended Solids i Semi-Annuall SDO Foam Semi-AnnuallySDO Oil Sheen Semi-AnnuallySDO Other obvious indicators of stormwater pollution Semi -Annually I SDO Footnotes: I ' I Monitoring Location: Qualitative monitoring shall be performed at each stornnvater 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 that uses more; than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls that discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nine analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas.1 The permittee shall complete the minimum nine analytical samplings in accordance with the schedule specified in Table 5 below. i Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. I Part I I I Page 6 of 8 Pages Permit No. NCS000462 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Y- _ - _ - ;Units ��_. - _ Measurement Fre acne t Sa rii�le T " e2 'ES rople - a Location3 Total suspended Solids m ► I Setni-annually Grab SDO Oil and Grease m /I Semi-annually Grab SDO H standard Semi-annually Grab SDO New Motor Oil Usage gallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually _ _ Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). 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. Table 6. Benchmark Values for Analytical Monitorin- for Vehicle Maintenance -Discharge Characteristics ., Units ; :. ; Benchmark Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 pI 1 standard 6-9 Par( III Page 7 of 8 Pages i Permit No. NCS000462 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL i PERMITS F SECTION A: COMPLIANCEIAND LIABILITY 1. Coninliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: i Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to thelbeginning 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. k 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 PartI Il Page 8 of 8 Pages Permit No. NCS000462 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).] 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 Il violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class It 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 III, Section C 6f this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the . permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil_ and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private Part II I Page 9 of 8 Pages Permit No. NCS000462 I I I property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severabi I ity The provisions of this individual permit are severable, and if any provision of tills 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. I 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, o'r 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. I 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, ulpon conviction, be punished by a fine ot'not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. It'a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification. of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under thisiindividual 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. 1 I SECTION B: GENERAL CONDITIONS } i 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 i Part I I I Page 10 of 8 Pages Permit No. NCS000462 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. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, Part I I I Page 11 of 8 Pages Permit No. NCS000462 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 1 (3) The written authorization is submitted to the Director. C. Any person signirig a document under paragraphs a. or b. of this section shall make the following certification: i "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 21-1 .0100; and North Carolina General Statute 143-215.1 et. al. I 5. Permit Actions i 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 t l 1. ProperOperation 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 Part I I Page 12 of 8 Pages Permit No. NCS000462 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 The perrittee submitted notices as required under, Part III; Section E of this permit - If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Part I II Page 13 of 8 Pages Permit No, NCS000462 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 activ} ty; b. The individual(s) �vho 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 I f. The results of such analyses. i 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 1 Test procedures for the analysis of pollutants shall conform to the GMC 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. 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. Wit is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall Status, then sampling requirements may be performed at a reduced number ofoutfalls. Part II I Page 14 of 8 Pages Permit No. NCS000462 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of 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; 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 tines, 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 15 of 8 Pages Permit No. NCS000462 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: t Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports, i l Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result -in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-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). i 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 I I Page 16 of 8 Pages Permit No. NCS000462 b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. S. Twenty-four Hour Reporting - The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 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 lli I'a-e 17 of 8 Pages Permit No, NCS000462 PART IV LIMITATIONS REOPENER i i This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline jor water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2j 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 1 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. f PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS I ' 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. , I PART VI DEFINITIONS I. Act See Clean Water Act. i i 2. Arithmetic Mean I The arithmetic mean of any set of values is the summation of the individual values divided by the number ofindividual values. 3. Allowable Non-Stormwater Dischan-,es 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. Parts IV, V, and VI Page I of Permit No. NCS000462 (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant Bushings, 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 within the first 30 minutes of discharge. Parts IV, V, and VI Page 2 of 5 Permit No. NCS000462 12. Hazardous Substance Any substance designate&tinder 40 C1AR Part 116 pursuant to Section 311 of the Clean Water Act. ; II 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. I 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoiPor similar naturally -occurring surface materials that are not disturbed by mining operations. i 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater i Any discernible, confinedland 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 St Itus 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. Parts IV, V, and V 1 Page 3 of 5 Pemflt No. NCS000462 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22, Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 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. Sijznihcant 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 Parts IV, V, and VI Page 4 of 5 Permit No. NCS000462 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 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The now 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 i 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. i 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years.1I 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. Parts 1V, V, and•VI Page 5 of 5 Permit No. NCS000462 31. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the 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. Information about the NC TMDL Program and a list of approved TMDLs for the state of North Carolina can be found at: http://h2o.enr.state.ne.us/tmdl/Cencral_TMDLs.htm. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not 'include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling. lubrication. vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Parts 1V, V, and V1 Page 6 of 5 Permit: NCS000462 ; CMC = Criterion Maximum Concentration Facility: Air Liquid6 FAV = Final Acute Value Industrial U.S / Wake Forest ASU Reviewer: Aisha Lau Benchmarks last updated 8/15/2005 by B. Georgoulias & J. Wynn Receiving Waters: UT to Smith Creek Classification: C, NSW f Analysis Guidance: i wti.. .. c P. _......... Parameter , Benchmarlt ,tfall;#1; ()u1,-.v.'J%li,r6f1 'r,Urtits' r a: :,wYa,�i i Max z t �3 BOD5 (Biological Oxygen 30 mg/I BPJ, Based on Secondary Treatment Regulation Demand, 5-day) (40 CFR 133.03), COD (Chemical Oxygen 120 40.9 mg/l BPJ, Generally found at levels 4 x (BODE) in Demand) l domestic wastewaters. Nitrogen, Total 30 0.55 mg/1 TKN + Nitrate + Nitrite Benchmarks (Expressed in mg/1 of NJ. Oil and Grease 30 <5 m /I BPJ, based on wastewater permit limits. pH (min, max) 6-9 6.68 su Water Quality Standard (Except Sw waters can be as low as 4.3 Phosphorous 2 0.19 mg/I BPJ, based on wastewater permit limits for NSW waters. TSS (Total Suspended 100 146 mg/1 BPJ, EPA Multi -Sector Permit Solids The only parameter that is showing!up at a level of concern is TSS. This is likely just from the gravel surface around the plant getting' ground down. Since this facility just breaks air down into its components, Oxygen, Nitrogen, and Argon, there really isn't much potential for pollutants to get exposed to stormwater. ' OF W A TFR Michael F. Easley, Governor 2FEB William 0. Ross Jr., Secretary N`O� QG t I !Q��j orth Carolina Department of Environment and Natural Resources �l 1) _ Alan W. Klimek, P. E. Director iN9tl81iQg �R T�, Division of Water Quality ❑ i' Or111Nre�� Cotten H. Sullins, Deputy Director Division of Water Quality i STAFF REVIEW AND EVALUATION RRO NPDES Stormwater Permit Facility Name: Wake Forest ASU; Operates! by Air Liquide I NPDES Permit Number: NCS000462 Facility Location: Wake Forest, NC (Wake Co.) Type of Activity: 3 j -_ { Industrial —Separates air into its principal cons tifd'itsf_Oxygen, Nitrogen and Argon } SIC Code (if applicable): 2813 ReceivingStreams: I UT to Smith Creel- LL~ >. River Basin: Neuse River Basin, Sub -basin 03-04-02 Stream Classification: i C-NSW Proposed Permit Requirements: See attached draft permit. Compliance Schedule: N/A Basis for Monitoring: See attached Monitoring Data Analysis. As can be seen in that, the only pollutant that showed up above the benchmark concentration was TSS. Since this facility is in the Neuse River basin l debated including i total Nitrogen as a constituent to be monitored for. However, the only Nitrogen thev'd have on site would be in the gaseous phase, and that will not cause a store va.ter pollution problem. Basis for Other Requirements: N/A. Response Requested by (Date): Oc.tnb&v- 2 a c s- 1�•� Central Office Staff Contact: Aisha Lau, (919) 733-508.3, ext. 578 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Materials 2002 Neuse Basinm ide Plan August 18, 2005 Name Ownership Change Central Office Review Summary: Facility discharges stormwater to an unnamed tributary to Smith Creek in the Neuse River Basin. This waterbody is not listed on the 303(d) list of impaired waters; however, it is a nutrient sensitive water (NSW). ASrt*Y N. C. Division or Water Quality 1617 Mail Service Center R Leigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1.877-623-6748 LNTCS000462 Manufacturing industrial gases, the only potential exposures for stormwater pollutants are the oils involved with the various compressors and in storage. A review of the analytical data didn't turn up oil and grease numbers above the cutoff concentration though. The only pollutant that appeared at a level of concern was TSS. I'm not sure what could be causing this, perhaps dust from the gravel lot, but it has been included in the monitoring. Recommendation: Based on the documents reviewed, the application information submitted on April 7, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting Unit Supervisor Concurrence by Regional Ol Water Quality Supe or_ Regional Office Staff Comments Date A 61 lot a-"Cll t", ---C� �\- I 2 ME US Markers Name: NCS000462 - Air Liquide Industrial U.SJ Wake Forest ASU Short Name: NCS000 Coordinates: 0350 57' 13.21" N, 078o 31' 1.70" W Comment: Air Liquide Industrial U.S. i Wake Forest ASU, subbasin 03-04-02, Neuse River Basin, Wake County, UT to Smith Creek, Class C, NSW, C24NE