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HomeMy WebLinkAboutNCS000187_COMPLETE FILE - HISTORICAL_20080201STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. N(l Is O D�' 8 DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ �D6��� d� YYYYMMDD Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources o�0F W A RQ r January 31, 2008 Ms. Eileen D'Amico Black & Decker 50 Shelton Technology Center Shelton, CT 06438 U 12008 ®W Q Coleen If. Sullins, Director Division of Water Quality Subject: Rescission of NPDES General Permit Certificate of Coverage NCS000187 Black & Decker Cumberland County Dear Ms. D'Amico: Reference is made to your request for rescission of coverage under the subject NPDES General Pen -nit, In your letter received on November 9, 2006, you stated that there are no point source discharges of stormwater from your site and your stormwater permit is no longer required. In accordance with your request, NPDES General Pennit NCS000187 is rescinded, effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. Enforcement action will be certain for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NPDES permit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Sarah Young at (919) 733-5083 x 502. Sincerely, Coleen H. Sullins m-Fayetteville Regional Office eG.x-- .tir. storm�water— Permitting Unrt Central Files - wlattachments Fran McPherson, DWQ Budget Office NorthCarolina Al aftrmally Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper :��7�qpZ4w( Oceanfront Suites Wrightsville Beach, NC 7�7- z (® :YCAAn -r Sc sfcc� �= d &i '�' 030-2-9s -a-oIa P3Z' 29S =06 I 1 Ax � r � �11 p- Z�3- Z372 An A 6! � 01r•. i� O� y� Y1��ro i �'72�1001t9.G7t7me s ellisland.com Engo �eri�n2""Maintenance Maintrac LIVE Page: 1 Run Date: 03/06/06 WORK ORDER # 86590 Run Time: 9:01 am User: LB Work Order Number: 86590 �B �'�'g�� ��® Description: Annual Inspection Fee -Credit sBy Black Decker ' 03/0612006 APR 0 Address: 336 Gill 5 2= Home Phone: 0espie Street Fee -Credit Work Phone: (910)433-1649 EMail Address: Hope Mills, NC 28348 DWO Assigned To: Dwight L. Brock Due Date: 03/07/2006 Location: Gillespie Street 3036 Due Time: 8:48 am Current Status: Approved Priority. - Work Order Notes: 3/612006 Per Cumberland County Oasis System Black & Decker (U S) Inc. is the owner of record for 3036 Gillespie Street. The parcel # is 0425-83-1620. The tax bill is mailed to 701 E. Joppa Road, Towson, MD 21204-381. The customer currently has a Fee Credit. LBLack will attach a copy of the old WO # for this location for background. LBlack is assigning this WO # to Dwight Brock to complete the Annual Inspection. Inb Resource Fixed AssetlJob_# Activity/Task # Hours Date Gillespie Street Inspection Complete: Date: 2 Gillespie Street Land Identification Resear Gillespie Street Travel Time YES NO 03—.221—o(o -@1 3iso Pm LEF7r 114,DG, I NeDEA) Q, FOQ J7EL1,tlp4 NF_WSoA) Aintenance Maintrac LIVE A106106 WORK ORDER # 1926 9:04 am Bork Order Number: 1926 Description: Annual Inspection -Fee Credit Requested By Black & Decker Address: 433 Hsy Street Fayetteville, NC 28301-5537 EMail Address: Assigned To: Dwight L. Brock Location: Gillespie Street 3036 Date of Request: 03/17/2004 Home Phone: Work Phone: (910)433-1613 Due Date: 03/18/2004 Due Time: 1:33 pm Current Status: Complete Priority: 2 - Standard Page: 1 User: LB entenance '.; j3]06106 9:04 am R •f ti/ Maintrac LIVE WORK ORDER # 1926 Page: 2 User: LB rk Order Notes: Annual Inspection. for Storm Water Fee Credit is due. We will need the response as to whether Black & Decker is in compliance and will continue to receive a fee credit by mid April 2004. Per Cumberland County Oasis System Black & Decker (U S) Inc. is the owner of record for 3036 Gillespie Street. The parcel # is 0425-83-1620. LBlack will attach topo and last years SR for this. This WO # will be refered to DI -Brock. Inb 03-23-04 DL Brock notes: I did not see any new additions of buildings or pavement. During this year's annual inspection I found the back dock area looking better than last year's inspection. There were still small amounts of debris on the pavement, but a much better job of keeping the area swept and picked up. However, I did find 3 catchbasins with some kind of oil (lubricating?) in them. Upon taking a, sample from one of the catchbasins there appeared to be a layer of oil on top of the water about 6" thick. I checked the outfall by the dirt driveway, where Black & Decker parks trailers, and found an oily sheen flowing in the water. This storm drain line is severely out of grade and is what probably kept all the oil in the catchbasins from flowing out into the stream. Last year Black & Decker was looking at relaying this line so it would drain correctly. I showed J McArthur the sample and he reported it to G Caison. G Caison spoke with Mark Ingram, with Black & Decker, and v Mark said he already looked and said he will have Shamrock Environmemtal vacuum and clean the catchbasins and pipes out. I spoke with Mark and he said Shamrock will be coming today about 4:00 pm. I told him i will check the catchbasins tomorrow. 04-06-04 DL Brock notes: Porter Sanitation cleaned the catch basins and pipes yesterday (04-05-04). 1 checked it today and it looks OK. I called G Caison and told him. Black & Decker is now in compliance. Close WO. 3/1/2005 This WO # is being re -opened for the purpose of the Annual Inspection to be able to maintain the fee credit. LBlack will refer this WO # to DLBrock for follow-up completin by the end of March 2005. Inb 04-01-05 DL Brock notes: Mark Ingram is no longer with Black & Decker. Dora Barron took his place. I met with Phillip Mulhall. Housekeeping looked good around outside shelters. Some type of cutting -oil was discovered in a couple of catch basins in front of the Dewalt Building. Mr. Mulhall said a trailer with cutting -oil in it leaked into the catch basin. Mr. Mulhall said Shamrock (Environmental Clean-up) will be there Tuesday (04-05-05) to pump the oil out. The storm drain line is severely out of grade in places and has the oil trapped. I explained I would be there Tuesday. 04-08-05 DL Brock notes: The line was pumped down Tuesday. I did not check it until today (Friday 04-08-05). There must have been some oil pushed up into the line because some flowed back into the box. Phillip said he will have it pumped again next Tuesday (04-12-05). 1 will check it again next Friday (04-15-05). r 04-15-05 DL Brock notes: A couple of the storm drains had small amounts of oil in them. -' Phillip said he will have them pumped again Tuesday (04-19-05). 1 will check them again Friday (04-22-05). 04-29-05 DL Brock notes: They pumped some 23,000 gallons of mostly water. There was of course some oil in there. I looked at the catch basins and only 2 had small amounts of oil (a skim on top of the water); much, much better. I met with Phillip Mulhall and his boss, Eileen C. D'Amico - Environmental Compliance Mgr., last Wednesday (04-27-05). It was the general consensus that they skim the 2 catch basins today (04-29-05). My instructions to them were, if any oil returns by next Friday (05-06-05), they are to pump all the catch basins down again. They agreed. 05-06-05 DL Brock notes: There was a few small traces (about the size of a quarter) of oil in 2 of the 5 catch basins. Phillip Mullhall said Shamrock was coming today and he will have those 2 skimmed off. I will check all of the catch basins next week. 05-13-05 DL Brock notes: All catch basins are clear but, one. There were a few small traces (about the size of a quarter). I spoke with Phillip Mullhall and he is going to have it skimmed off again. I will check all of them again next week. aintenance Maintrac LIVE Page: 3 = A/06i06 WORK ORDER # 1926 9:04 am User: LB ource _ Fixed Asset/Job # ActivitylTask # Hours Date Gillespie Street Land Identification Resear Gillespie Street Investigation Gillespie Street Update Service Request Gillespie Street Travel Time Complete: YES - Date: NO "rif` '?iy ��"C -� .:t ♦ �'`.'� i R ��.i.�i ran -.4i_ � .•='��.. r ��'�'}�`�t � w, � � ..�•:��„ • '�",.t�#.Yat � "rY e �`'!,: �r Y"�a �, rY h� , l.. � ; f f 'z � J t��sl ail.- '•./x. � - x.� �s4�xi *'v �.Y�'`� r �� � � ��r.i".. } F, •���-r'� '1� All Of zQ �-s.��''"..S-s�„`s �"'>t`'s,tl•aF ..��,�..'�` x� r � �F� �rt�.��*t� � � �{�' • f _ ,�' y-r_ �c.+.t,�t � f 4`�":t�" w^e 't��`',`!r �_� .�,� �', L 6. �r LDS �..,���'�•`-' •_'''R�.r�! x]r:;�. r�i� T _ T.++nil++^d1L7r! tN. i3 . Y =ti .f. sub' t�?� � '4t � ��. _ -' �_ ' r O 4�.lr�t•�. �=,ier ��s� �,•G�}s,� lob 7� s L °r%7..�'. .�,;,_{�: 'Est'',"t �''�aE� 7i� ,w. zt.:t = Qc • #s� r c� i n it Lp �'�� � 1.`, :Y'` �R� of ,a..w��� -' -, !�, `�s��:3 `s i7 ,'�'r� .� � l � 4' iX' � -� •y A y �� � - - �1` t a. wn tea\ -"}��- i�"i.•i. ,T �y"r:= 3W+... F A 'r`, tr _ -t �� v >t't. ' t�3 ~' -✓:F i ''` �= 4 r : n` o. k h.+s. iY-.' e-' 4, f`n�fi`i•- ^�..., xA7,'''%r` * .'.a'i.S �• S] �'J'' y _ •: "<i',+'+: y �� jam` � � � � �L'r�r�41 1� , �, �'-s � ' ��,,���."' �,� . c `-.-�' h_.-�F,�R.•s �,���tr ' �.'� _ ,� j � f�i ` yr � �� �� J � c'? •r.'� rsx Y G ,r ,�� • - l.�`��"`s. x "� 4�5 ���,�.� s.�t �4y � r •: ` .'\ y,' '"tti'7! . �` ° rl * 1} + xp 4 , ti`�(r' u.....�'1-w�'*:�i'.;} fa;:r,°.gut x "wk'''i. S.r 1 ri . a ,r 1� iT%, i �, �t.q• sr� ,( ' .tr r,(1.1 +f/.a�.,l� tk s`�ti�J •M�,` ti �. !` sl i �iS{L �• T•+'��, ¢, 1 - i i� j1: r �;• 3'.i' �:r�N<< t !t./i,�,}: .�7.7 ' ��� •�•'7���V i y�r 2 - i'� ��p-���, rSf\ �i irT �i"•5'�".�a'�,h'{`i ' 1 -a � : +r•C ' 1 �r v,tS �' �t^�tb,+t' r hl r = • r: State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Mark Ingram Black & Decker, Inc. Highway 301 South Fayetteville, North Carolina 28306 Dear Mr. Ingram: 'W� V T 1 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 24, 1999.,` JEP Subject: Permit No. NCS000187 FAQ Black & Decker, Inc. Cumberland County In response to your renewal application for continued coverage under NPDES stormwater permit NCS0000187, the Division of Water Quality (DWQ) is forwarding herewith the subject state - NPDES permit. 'this permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of' Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. Please note that the enclosed permit may differ from the draft permit that was previously sent. Based on a review of the permit monitoring data received to date, the Division has revised the monitoring strategy for individual stormwater permits. The measurement frequency has been changed and cut-off concentrations have been removed. These changes will he implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part II - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have (he right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must he in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part ill, B.2. addresses [lie requirements to he followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733- 5083 ext. 578. Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS for Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Fayetteville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000187 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Black and Decker (US), Inc. is hereby authorized to discharge stormwater from a facility located at Black and Decker (US), Inc. Highway 301 South Fayetteville Cumberland County to receiving waters designated as an unnamed tributary to Lake Lynn, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, IV, V and VI hereof. This permit shall become effective November 1, 1999. This permit and the authorization to discharge shall expire at midnight on October 31, 2004. Signed this day September 24, 1999. OWiLLAL �AM C. M��SBy' for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000187 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coveraae 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 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 3, Signatory Requirements 4, Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls L Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements Permit No. NCS000187 Discharge Monitoring Reports Z. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes G. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000187 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm -Sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule. standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 Permit No. NCS000137 SECTION C. LOCATION N IAP I 77I�` T a I 7 4 ral r �1 - L!% Municipal Airport Park `% �� -= Grannis Fieid / ���— 450000 '1 ' ' \' FEcT em -- `�' \ '1 Coral `. i `, �1 � ` .'I : �,l �•`� fP� `' � / � 1 O ``, . rig \•'.�` _' ! � ... I �^f� _ J �. '��/: � i (} 1 r J' Sandpit72 :. L/ � 6� % �Y •�-r^l Srww HW Ch' �� �r-- � � '. '1- y4 `\k_ -� ----- p e—�` tk r J, - \ � • �' r,-' _4�1 '_��_' / I�/� ..!'� �' � si �-� ;Y ! / ,�- " � -.'•' C-errr �- � `� 787�1 f to Black IDS Part I Page 2 of 2 Permit No. NCS000187 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BNIPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the second.ry containment devices are connected directly to stormwater conveyance systems, the CunEiection shall be controlled by manually activated valves or other similar devices [which shall be secured with a Part II Page 1 of 4 Permit No. NCS000187 locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BNIPs 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. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 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. 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 modifving the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the chances have been made. r 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Part II Page 2 of 4 Permit No. NCSOOO 187 Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement SMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. 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 below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Qualitative Monitoring Requirements Discharge Charactertsttcs' = �' s"„� ,Frequency '� '�` j• Monitoring' Location1 ... Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual. SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION C: 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 oi! ^ . ,uonth when averaged over the calendar year shall perform analytical moniforing as specified below in Part II Page 3 of 4 Permit No. NCSOOO 18 7 Table 2. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will 0 result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall C Z� complete the minimum 4analytical samplings in accordance with the schedule specified in Table 3 below. Table 2. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics pl, WX requency!zTYpe2r �'SF 5 ­5Zamp I 4iz' Raki n PH standard Quarterly- 4" year Grab SDO Oil and Grease mg/1 Quarterly- 4" year Grab SDO Total suspended Solids Quarterly- 4" year Grab SDO New Motor Oil Usage gallons/month Quarterly- 4" year Estimate I Total Flow4 I MG Quarterly- 4" year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the 0 year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of es only in responsearg discharge. If the detention pond discharges C, to 3 Storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitorinc, shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be, (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement or flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 3 Monitoring schedule •­i-,Wnitffiri 2' dffiO16 NU` m .'4 t Year 4 - I" quarter 1 November 1, 2002 January 31, 2003 Year 4 - 2"' quarter 2 February 1, 2003 April 30,2003 Year 4 - 3dquarter 3 May 1, 2003 July 31, 2003 Year 4 - 4" quarter 4 August 1, 2003 October 31, 2003 Part II Page 4 of 4 Permit No. NCS000187 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL. PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: 1; Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date -of the initial permit and updated thereafter on an annual basis, Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 1I, 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 Complv The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance. or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than l year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class Il violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. , Part III Page I of 8 Pages Permit No. NCS000187 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liabilitv Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance 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. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severabil ity The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances. and the remainder of this individual permit, shall not be affected thereby. Dutv to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Pages Permit No. NCS000187 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic , authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-215.6A and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to,and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. 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 elecied official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Part III Page 3 of 8 Pages Permit No. NCS000187 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate -the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and 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. After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The filing of a request for a individual permit modification, revocation and reissuance, or termination does not stay any individual permit condition. The permit shall expire when the individual permit is terminated. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned chan,es or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.`This provision requires the operation back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in -n enforcement action that it would have been necessary to halt or reduce the permitted activity in order `lb -maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Part III Page 4 of 8 Pages Permit No. NCS000187 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sam Ip in<w Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling; shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements : , z •, 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. Part IQ Page 5 of 8 Pages Permit No. NCS000187 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices. or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part III Page 6 of 8 Pages Permit No. NCS000187 SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh. North Carolina 27699-1617 Availabilitv of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Nan-Stnrmwater 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 Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Part 1E Page 7 of 8 Pages Permit No. NCS000187 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 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 IR Page 8 of 8 Pages Permit No. NCS000187 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART V1 DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Nan-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs'may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000187 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 Stora-,e 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" Ey1C The North Carolina Environmental Management Commission. 11. Grab_ Sams An individual samples collected instantaneously" Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13, Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility" 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any, nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials That are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000187 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Dischar,,e of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19, Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water DischaLM 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: I Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table I1 (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 at40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000187 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24, Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 31 1 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activitv The discharze 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 considcrc;d to be enga(red in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 3L Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000187 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation_ 33. Vehicle Maintenance Activitv Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. Visible Sedimentation. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-vear, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages r State of North Carolina Department of Environment and Natural Resources Division of Water Quality James R. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Black & Decker (US). Inc. Highway 301 South Fayetteville. North Carolina 28306 Dear Mr. Mark Ingram, IT67,�IWA 0 A&4 2 NCDENR NoRTH TI-ENVIRONMENT AND CAROLTNA D g O 1 �p7 " �., v " May 20, 1999 h1 AY 2 5 1999 F/AYETTEV, LEZ + _ REG. OFFICE _ Subject: NPDES Permit Renewal Application Permit Number NCS000187 Individual Stormwater Permit Cumberland County The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000187 on May 4, 1999. The submitted renewal package contained the following items: Signed application Site map i Analvtical monitorinu results summary Visual monitoring results summary Best Mana0 ement Practices summary Narrative describing significant changes at the permitted facility i Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083. extension 578. Sincerely„ Aisha H. Lau Environmental Engineer I cc: Fayetteville Regional Office Stormwater and General Permits Unit Central Files SwU-23s-03, 2arn9 P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources,, Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 20, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED MARK INGRAM BLACK & DECKER (US), INC. HIGHWAY 301 SOUTH FAYETTEVILLE, NC 28306 ITLTMAI 1 � • ;l NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 4 1999 F7AYL--T7-EtjI,.? E Subject: FINAL NOTICE NPDES Stormwater Permit Renewal Black & Decker (US), Inc. Permit Number NCS000187 Cumberland County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000187. This permit will expire on August 31, 1999. North Carolina General Statute 143.215.1(c) requires that an application for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent for this site on February 19, 1999. To date, no response has been received by the Division of Water Quality (DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to DWQ for renewal of your permit. Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by May 14, 1999 in order to assure continued coverage under the NPDES permit. Failure to request renewal by May 14, 1999 will result in a civil assessment of at least $250,00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the-Stormwater and General Permits Unit at (919) 733-5083, ext. 578 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit �! cc: Central Files Stormwater and General Permits Unit Files Fayetteville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources 74 • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ®E= " A. Preston Howard, Jr., P.E., Director Lot August 31, 1994 SEP 6 1994 Mr. Wayne P. Miller, Jr. ENV. WNAGEMENT llighway 301 South FAY€TTEVILLE REG. OFFICE Fayetteville, NC 28306 Subject: Permit No. NCS000187 Black & Decker Inc. Cumberland County Dear Mr. Miller: In accordance with your application for a stormwater discharge perTnit received on November 18, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued 'pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part I1, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bill MIills at telephone number 919/733-5083. Sincfr' al Signed By Coicen H. Sullins A. Preston Howard, Jr, P. E. cc: Mr. Jim Patrick, EPA Fayetteville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ i 0% post -consumer paper I'lermit No. NCS000187 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL PQLLUTANT DISCHARGE_ ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statutc 143-215.1, other lawful standards and rcgulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Black and Decker (US), Inc. - is hereby authorized to discharge stormwater from a facility located at Highway 301 South Fayetteville Cumberland County to receiving waters designated as an unnamed tributary to Lake Lynn, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective October 1, 1994. This permit and the authorization to discharge shall expire at midnight on August 31, 1999. Signed this day August 31, 1994, Original Signed By Coleen H. Sullins A. Preston [-coward, Jr., P.E., Director Division of Environmental Management By the Authority of.thc Environmental Management Commission Permit No. NCSOOO187 PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 NORTH CAROLINA 7.5 MINUTE SERJES (TOPOGRAPHIC) NW/d SArN1' PAIJI-S CKW)RANGLE 2wbooc!;F-_='T 692 -35"00' .7" It' Airport Ap uIL)is Field -Z '150 000 Fl7r7 "cem �0 4* coral t; Gate• Com IS cli Sandpit c V Q men) P !V 77— 92 OPT -.0m Sta I rdu a 'v Blad. 1 ofi S 7' lid v 3V Permit No- NCS000187 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGE During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1, Siormwat�,r 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 II, Standard Conditions, Section EX of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stoiTnwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirement`s found in Part Il, Standard Conditions, Section B.9. Page 4 Permit No. NCSOOO 187 b . Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. if the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. C. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page S Permit No. NCS000187 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. 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 positon(s) assignments provided. 9. Plan Ammendment. 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 II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fail (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required_ in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Page 6 Permit No. NCS000187 2. Minimum Monitoringand nd Reporting Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. c. For purposes of the stormwater sampling required in this permit, a]1 samples shall be collected from a discharge resulting from a representative storm event (See Part 1I, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part 1I, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d . Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. Page 7 Permit No. NCSOQ0187 If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements arc defined below. (1) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fre uenc l Monitoring T e2 Monitoring LQcatQn3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO -Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 8 Permit No. NCS000187 . (2) Analytical Monitoring Requirements for Vehicle Maintenance Activities Stormwater Discharge Ciaracteristics nit Measurement Fre uenc 2 Sample Sample Location3 H standard annually Grab SDO Oil and Grease m annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total RecoverabO u annually Grab SDO Total Suspended Solids mg1l annually Grab SDO Detergents (MBAS)6 mgA annually__Grab SDO Footnotes: I Stormwater discharges from 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 be monitored by the petmittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. (3) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the pcnrtit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a Given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the pernlittee is Rage 9 Permit No. NCS000187 required to maintain facility operations that ensure the continuation of stonnwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application, t rmwater DischargG CharactefisticsCut-off Concentration H l within range 6.0 - 9.0 Oil and Grease < 30 m 1 Lead, Total Recoverable < 0.033 m /l Total Suspended Solids < 100 mg1l Detergent-, (MBAS) < 0.50 mg/1 Fo thotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 10 Permit No. NCS000187 E 'H N B SCHEDULE QF IMPLIAN E The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Pail 1, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Pa0c 1 I Individual Stormwater Page Al et PART H STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS OX"1181MANP14��rr • The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. �41 W . _ . r U_ •.a_I Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of ,calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. ..� .rewslaTeTimp 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 having a total storage capacity of greater than 1,320 gallons. The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management, the permit issuing authority. The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. c f •m Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. The owner or operator issued a permit. '+ +. MW Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. :.ye The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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. A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b . Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31l(b)(2)(A) of the CWA at 40 CFR I 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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 10104) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Individual Stormwater Page A4 2 L 5 �gnificariLSpiJU Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the CIean Water Act (Ref: 40 CFR 110.10 and CFR, 1 I727) orsection 107 of CERCUA (Ref-. 40 CFR 302.4). 0103rars"M. MEM I . The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; C. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; d . Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial CIassification 5015 and 5093; Individual Stormwater Pq!e A5 g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the swrage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically Iocated in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total Iand area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35' 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through Q) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the'previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking Iots as long as the.drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. -, Mao �4, Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Solid particulate matter, both mineral and organic, that has been or is being transported by water;-air,-graYity; urimfrorrritssiteotorigin which can be seen with the unaided eye. Individual Stormwater Page A7 • 30. Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 N13: GENERAL CO-NDITIONS 1. ply to Comly The permittee must- comply with all condition"f this 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 renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d . Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for -consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 • ,�• •, �•M •.1 ,I Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. I/-r�W.R.l. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. . • r / .I •ill. t .fl 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 this permit or to determine compliance with this permit_ The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. The perminee 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 such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq. All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a Individual Stormwater Page A10 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 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: The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." No :- •.. Wi .roe :- RMEMN(Wela The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Individual Stormwater Page A11 This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a per -mime in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit a. Definitions (I) "Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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. .b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c . Notice (1) 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. Individual Stonnwater Page Al2 (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part II, E. S. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 (3) The permittee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. U12sets a. Def ition "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. b. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affumative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that . - (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, A. 2. of this permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. _y1• • M 63 1019FIVS103 [ 03 Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. 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 shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. 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 USG 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual 5tormwater Page A14 methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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, copies of all reports required by this permit, for a period of at least S years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b . The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and The results of such analyses. 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; Individual Stormwater Page A15 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable tunes, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d . Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. pi go V 10 --mal all em axell)1C 31 em The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b . The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. z 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. 4. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. 5. Twenty --four Hour Repgi�ng a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the perminee became aware Individual Stormwater Page A16 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, includiing exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part 11. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 5. of this permit. Where the permittee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. 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 Environmental Management As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215,6B or in Section 309 of the Federal Act. .-e. R wrim•o • a: .••. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Individual Stormwater Page A17 PART III LIMITATIONS REOPENER This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controls any pollutant not limited in the permit The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Staff Review and Evaluation NPDES Stormwater Permit Contact Name:Bill Mills Eadlity Name: Black & Decker (US), Inc. NPDES No.: - NCS000187 Facility Location: Highway 301, South Fayetteville, Cumberland County Tyne of Activity and SIC Code (if applicable): Manufacture of power driven hand tools SIC 3546 Receiving Stream Name and Classification: an unnamed tributary to Lake Lynn Class C Eposed Permit Requirements: (See attached draft permit) Compliance Schedule: See Part 1, Section B. of the attached draft permit B-mis for Monitoring ReQuir gents: Basis for Other Requirements: sj fj�rrn 1 �'. 1CA Prepared By: G /'sz (signature) (date) Permij.$nd Engineering Supervisor: �ZlAlq— signature (date) Response requg5jd by: 'Is-f (with attachments) nc rrenc Regional Office: - �� v; _�% j! (signature) (date) Water Quality Supervisor: �"� �Q. sz_ ��.�•uc�---z7 (signature) (date) Regional Com} mgnts: I Permit No. NCS000187 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DMSION OF ENVIRONMENTAL MANAGEMENT 1 PERMIT TO DISCHARGE STOR IMWATER UNDER THE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the NorthCarolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Black and Decker (US), Inc. is hereby authorized to discharge stormwater from a fa � ility located at Highway 301 South Fayetteville C6mberland County to receiving waters designated as an unnamed tributary' to Lake Lynn, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on. Signed this day affl'al I A. Preston Howard, Jr., RE, Director Division of Environmental Management By the Authority of the Environmental Management Commission I Permit No. NCS000187 PERMITTED ACTfVlTIES Until this permit expires or is modified or revokeld, 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 withl the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and LimitationslIfor Permitted Discharges Part 11: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitol ring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. I Page 2 NORTH CAROLINA `) 7!5 MINUTE SERIES (TOPOGRAPHIC) \\ �y�yNN •' �' / EVADE 15 :'; NLWC SAINT PAULS 15' QUADRANGLE \ rAYErTEvhttE a h+; . 6 78' 5�' 30" sgp 55' 691 2 C30 (}oo' FEET 692 93 , / 35' 00' i� II !v !Trader Park r. Trailer C� Mun+cipal Grannis Field �Airport :•4--�.--�\ -- Q77 r -1 F/ 4s0000 7+',t.nke Lgnq.• \. �J • 1 /� J L A FEE 1 .,.....� �--- •C=.r.' � '-�' -- '� �•�1i 1�� �`" �/' �' rsz ,' "` /" Ild Gate ' •+ BMA. •�—�-.,Sand pits ( I pyood Cem V' I.1 i `� 137 Y � - rs Ce i i ^,��r I �✓ i-- J7 J,�\sP'� lam— `�, \ Sandpit Sn HID Ch'-' Po / finerSand'Its Mem Gem ; ArduluS6' l + `•t / �� `ter ��—� ' Black lob 1 3570 y J I '\po +� r� �` Permit No. NCS000187 PART MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevenlinn Plan The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part II, Standard Conditions, Section E.B. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: f (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving watei(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. I (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part IL Standard Conditions, Section B.9. Page 4 Permit No. NCS000187 b. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title 1H of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, d visible sheens, prior to release of the accumulated storrwater. Accumulated9tormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associa d with the stormwater systems. c. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall) be on -site at all times during facility operations that have the potential to contaminate'stormwater runoff through spills or exposure of materials associated with the facility I operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's I I Page 5 j Permit No. NCSOOOl87 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Ammendment. 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 II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Page 6 Permit No. NCS000187 2. Minimum Monitoring and Reporting Requirernents Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. a. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. b . Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Pan II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is 1 controlled by a detention pond, the following sampling requirements shill apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d . Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. Page 7 Permit No. NCS000187 If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Chari=ri' Fr n 1 Monitoring T 2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clari Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater ollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 8 Permit No. NCS000187 (2) Analytical Monitoring Requirements for Vehicle Maintenance Activities) Stormwater Discharge ChgNteristics Units Measurement Er 2 Sample L= Sample Location3 H standard annually Grab SDO Oil and Grease m annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 u annually Grab SDO Total Suspended Solids m annually Grab SDO Detergents (MBAS)6 mg11 annually Grab SDO Footnotes: 1 Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over th� calendar year shall be monitored by the permittee as specified above. 1 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. (3) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual ada.lytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 9 Permit No. NCS000187 required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Discharge haracterigicL Cut-off Concentration H 1 within range 6.0 - 9.0 Oil and Grease < 30 m Lead, Total Recoverable < 0.033 ma/1 Total Suspended Solids < 100 m Detergents (MBAS) < 50 m Footnotes: l pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 10 Permit No. NCS000187 The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 1, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 11 GENERAL INFORMATION � (� EPA COASO/1alared %yrmra Prograr+sJ U la 7 b "Gene y I 4-7! 7z GE14ERAL 'Read Me -a: iner,Lr, •,y�� ofrorr etar nr \\\ NUMBER � � \ � \ \ EPA I, D. NU \\ 11 ■ prepn%a nteC t]11 has beer prov+ood. a+fi■ 1. \ it on the deslgnased soacs, Aev�av„ the rnforTn- 111. FACILITY NAME \ atlOn Caralully: ,t any of it Is IrtcorreCt, crop through It and enter rasa COrrKt wu In the apprtfpryte 1i[f—on erw batOw. Also, ,f any Of \ the preprinted oats ,s sosent ltne area ro hits F A C I L I T Y Ae t of )tile Jaber spare tiro aiir a„ formeprsn V' MAILING ADDRESS P EASE PLACE LABEL IN THIS SPA flier-ahou/d appear!, pleyae provide It in t7+e proper fill—irt artrfrl 6alow, it the sat+! is complete and corfec . You need sot ppmp1at11 \ Items 1, Ill. V, end VI ie=[aor Y1-E wnkyt muar be camplervid ngardltul, Complete all FACILITY VI. -items if no Inoet has been orovioad. polar to LOCALITY \ the instrUCt,Ons for detailad rt■m deserep- tions and for the legal authorizations under which this data is C011eCMd. II. POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forme to the EPA. If you answer "yes' to any questions, you must submit this form and the suppiemantai form listed in the par*nthasis following the question. Mark "X— in thrI box in the third column if the supplemental form is atf,,tChed. If you answer "no" to UCh question, you need not submit any of these forms. You may answff "no" if Your activity is excluded from permit requirements; sea Section C of the instructions Sae also. Section 0 of the inSMC ions for dafir::iont of bold —fatted forms, SPECIFIC OUCSTIONg •e+ ra �++ S•CCIFIC QUESTIONS y.. +• r,�c wee A. Is this facoI I,, a publicly owned trastment works8. Does or will this faGliry ilidler eeistirty or Proposed) wn-rn re-su,11 in a der -harps tO watery of the U.S.? I X include a 0o'nOeRLretld animal faading Oper*tipn Or I . sty in a l (FORM 2 A 1 aquatic animal production fall which results X ' 1 r dkocisope to wrrto of the U.S.? (FORM 28 ) is tn.s a 'ac:-,r•. w^.cn cur-en-,Ir results in discharges FF € X . Is t le a proposed facilrry (OdIer an mom OeznCird I to waters of the U.S. otne• than those described in I M A or B aOorel whch will result in a d'ae:lmp to X A 31 3 &Dove) IF R. l.t 2C' 04 1h U 7 IFORM 2 1 e. j F. Oo You or will you inject et this facility Inoustr,el Or Y1t+ E. Coen or woe this tac::,ta Ire■:. store, or dispose of hataraous waster I iFORM 3) I j X i municipal affluent below the lovyermoit stratum Con• �.. taininy, within one quarter milt d the well )fort, X I se underground Duna; of drinking water? (FORM 41 A, it G. Do you or w— you niece at zr-os taciily any pr u water or other f lu.ds which are brought to th! surfaC! H. Do you or will you inject at this facility fluids for sl>♦ I ,n cpnnlCilOn with COnventlOnal soli or natural gas pro- 4 X Cial process" much as mining of sulfur by the Frasch X I uel-cn, inject fluids used for enhanctd recovery of df w � proetstt, solution mining of minerals, in situ combus- l oor naturat gas. or ,ntec, fluids for storage of liquid tion of foail fuel, or recovery of gagtherrrsal anMgy? (FORM 4) i { I OrOcarOOnsf (FORM 4) .. ee .. Be 1. Ph s tnls facjllyv a pr000secl stationary ourw wrisch Is J. Is this Ity a proposed eltrotlonsary tour" whichn one of the 28 industrial categories listed in the in- NOT one of tfit 28 induarial Dategoriea listed in it slructions and which will potentially amit 100 tons X MstrVctions and which will potentially emit 250 tons X per year of any air pollutant regulated under the par year of arty air polfutl m regulated under the Gaon Clean Air Act and may affect or, be located in an Air Act and may effect or be IOCIted in an ardinenent ■rtsinment area) IrCRM 51 .. ., es�? (FORM 51 ., Ill, NAME Of: FACILITY t SKIP BLACK 81 DECKER {US} INC. I I 1V. FACILITY CONTACT A. NAME i TITLE !last, flyer, ♦ fitift D. ►h,ONE (area code A no.l 2 WAYNE P MILLER 9 1 4 2 .e 3 1 0 i V. FACILITY MAILING ADORESS A. STrr i<ET Oil P.O. ■OX I ' 1 3.HIGHWAY 301 SOUTH a, CITY on TOWN IC -STATE' D ZIP CODE I c e FAYETTEVILLE N C1 2 8 3 0 6i Vl. FACILITY LOCATION A STOEET OO,-iT( NO. OR OTHER SPECIFIC IDENTIFIER l P 0 Sox 64429 . a 7JNTv Nara[ CUMBERLAND D. TDAN !D.STd.TE I, ZIP CODE F OLN FAYETTEVILLE� T ; ' N' C1 2 8' 3' 0 6;oz i EPA Fc,^n 35io-j IRE„ 10-80' CONTINUE ON REVERSE I-12 ON CC) FRAM THE Fc1ChT A FIRST . S[COrD 3 5' 4' 611" ":,_ POWER DRIVEN HAND TOOLS •4 r`eCI' C. T"11110 O ►OIJRT,-+ �tpeuf)'% lspecef� i 7 7 viol.OPERATOR INFORMATION • A. NA ba E IE Mr nMIT,r IIRra In I.1 VIII•A rIp owrAw 7 TBBLACK & DECKER (U. S. INC. )t YES NO C. STATUS Of OrERATOR ;Enter the appropryare lenerinro the aniwer box. if "Other", rpecif .) O. PONE larva code III no. O AL M • PUBLIC forhrr than federal orsrarei p Itpeclfyi ` 9 1 4 S STATE O- OTHER (eprcify) A 9 2 31 1 0 0 P • PRIVATE E. STREET ON ►.O. box - I HIGHWAY 361 SOUTH ' F. CITY OR TOWN G.STATIE H. ZIP COVE IX, INDIAN LAND rB FAYETTEVILLE IS the 1iCihty Ioplrtl on ]no an lanai' n N C 2 8 3 0 6 L� YES NO . >< X. EXISTING ENVIRONMENTAL PERMITS A. NOES I'DirCAWIts ro Surface Water) O. ►SO /Air Ern Lmoru from Prop Oyed $ourcc$) 9 P ,I ,. „ s. 9 N .a •a se a ulC (L'rlderpround lnlecnon of Fluids; i. OTHEn tspecrfy� e + e (specify! 9 U 9 C. RC R A (Natardous Wastes; [. OTHER (tpecif)') c c r0 0 1 1 4 1 1 0 (sperify 9 R 9 e, r, n XI. MAP Attach to this application a topographic map of the area extending to at least one mile beyond property bounderies. The map must show the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include ail springs, rivers and other Surface water bodies in the map area. See instructions for precise requirements. XII. NATURE OF BUSINESS (provide a brief description BLACK & DECKER (U.S.) INC. Manufactures power hand tools for home, professional, and industrial use. X113. CERTIFICATION Is" inso-uCrions) l certify under penalty of raw that 1 have personally examined and am familiar with the information slubrrlirred in this application and all attachments and that, bayed on my inquiry of those persons immediately responsible for obtaining the information contained in the application, l believe that the information is true, accurate and complete, l am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. • NAME • OFrICI-. TIT.-E ,, pr — 7nnf S. SIGNATURE C. DATE SIGNED WAYNE P. MILLER, JR. Environmental Engineer COMNIENTS FOR OFFICIAL uSE ONLY jjII EP♦ Form 3510-1 IRrr. 10-80) Rivers[ 1-13 EPA ID Number (copy from "m l of Form 1J Please print or tvoe in the unshaded areas only NCD 041 467 267 Form Approved. OMB No. 2040-oos6 Approval expires 5-31-92 Farm 2F NPDES United States Environmental Protection Agency Washington, DC 204W Application for Permit To Discharge Stormwater Vr� Discharges Associated with Industrial Activity Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average 28.6 hours per application, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate, any other aspect of this collection of information, or suggestions for improving this form, including suggestions which may increase or reduce this burden to: Chief, Information Policy Branch, PM•223, U.S. Environmental Protection Agency, Opt M St., SW, Washington, DC 20460, or Director, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. I. Putfall Locatiort For each outlall list the latitude and longitude of its location to the nearest 15 seconds and the name of the receiving water. A. Outfall Number list S. Latitude C. Lon itude D. Receiving Water name) D001 34 56 51 78 1 54 23 Unnamed trib to Lake Lynn D002 34 56 51 78 54 23 Unnamed trib to Lake Lynn Il.Improvements A. Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described in this application? this includes, but is not limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. t, Identification of Conditions, reements, Etc. 2. Affected Outtalls 3. Brief Description of Project a. Final Compliance Date number source of discharge a, req, b. pro . N/A 8. You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you plan. Indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction. M. Site Drainage Man MEROMIRM Attach a site map showing topography (or indicating the outline of drainage areas served by the outfall(s) covered in the application it a topographic map is unavailable) depicting the facility including: each of its intake and discharge structures: the drainage area of eacr, storm water outiall: paved areas and buildings within the drainage area of each storm water outiall, each known past or present areas used for outdoor storage Or disposal of significant materials, each existing structural control measure to reduce pollutants in storm water rvrolt, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are applied: each of its r,,azaruous waste treatment, storage or disposal units (including each area not required to have a RCRA permit which is used for accumulating hazarCous waste under 40 CFR 262.34); each well where fluids from the facility are injected underground: springs, and other surface water oedies which receive storm water dischar es from the faCiljty. EPA Form 3510-2F (11-90) Page t of 3 Continue on Page 2 2F-1 A. For each outfall, provide an estimate of the area {include units) of impervious surtaaa (ncluding paved areas and building roots) drained to the cull all, and an estimate of the total surface am drained by the WWI. outfall Area of Impervious Surface Total Area Drained Outfall Area of tmpervious Surface Total Area Drained it D001 15.3 acres 89.29.acres D002 3.7 acres 9.51 acres B. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed irn a manner to allow exposure to storm water; method of treatment, storage, or disposal; past and present materials management practices employed, in the last three years, to minimize contact by these materials with storm water runoff; materials loading and access areas, and the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied. All potentially hazardous materials are delivered to the site in sealed containers and unloaded directly into the main building through covered loading dock bays. No pesticides, herbicides, soil conditioners or fertilizers are*used on the site. All chemicals stored outside the main building are either stored in enclosed buildings or under an enclosure, thus preventing potential contact with rain water. C. For each ourfall, provide the location and a description of existing structural and nonstructural control measures to reduce pollutants in storm water runoff; and a description of the treatment the storm water receives, including the schedule and type of maintenance for control Al cl'lieatment measures and" ultiry)ata disposal of any jQ160 gr fluid Iyaslet a arthan_by -&bhroe outfall List Codes from Number Treatment- Table F.t Daily inspections of all storage areas ensure no chemical releases. In the event of a spill, BLACK & DECKER has a contract with a Remediation firm. V. Nonstormwater Dischar es A. I certify under penalty of law that the outfall(s) covered by this application have been tested or evaluated for the presence of nonstormwater dischar es. and that all nonstormwater discharges from these outfall(s) are identified in either an accompanying Form 2C r rm h iuVaIL Name and Qtticiat Title (type or print) Signature Date Signed WAYNE R. MILLER, JR. 9_30_92 Environmental Engineer B. Provide a description of the method used, the date of any testing, and the onsite drainage points that were directly observed during a test. Outfalls located by accurate schematics of all stormwater drains. All samples were taken on December 3, 1991. VI. Significant Leaks or S ills Provide existing information regarding the history of significant leaks or spills of toxic or hazardous pollutants at the facility in the last three years, including the approximate date and location of the spill or teak, and the type and amount of material released NONE EPA Form 3510.2F (11-90) Page 2 or 3 Continue on Page 3 EPA ID Number (copy from Item 1 of Form 1) continued from Pape 2 I NCD 041 467 267 &B.C. & D: See instructions before proceeding. Complete one set of tables for each outfall. Annotate the outfall number in the Space provided. Tables V11-A, VII-B, and V11-C are included on se arate sheets numbered V11.1 and VII.2. E: Potential discharges not covered by analysis . ks any pollutant listed in Table 2F-2 a substance or a component of a substance which you currently use or manufacture as an intermediate or final product or byproduct? Yes (list all such pollutants below No to Section 09 BULK OIL Do'you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes list all such pollutants below X I No o to Section M IX. Contract Analysis Information Were any of the analyses reported in Rem V performed by a contract laboratory or consulting firm? Yes (list the name, address, and telephone number of, and pollutants No (go to Section X) A. Name B. Address C. Area Code & Phone No, D. Pollutants AnatVzed Aqua Tech Env9ronmental 936 North Horner Blvd. (919) 776-5999 Chem. Ox. Demand Consultants, Inc. Sanford, NC 27330 Kje'ldahl,Nitroge Nitrate as Nitro Nitrite as Nitro Oil & Grease (Li BOD 5 Total Phos TSS 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. A. Name & Official Title (type orprint) S. Area Code and Phone No, WAYNE P. MILLER, JR. - ENVIRONMENTAL ENGINEER (919) 423-3100 C. Signature D. Date Signed 9-30-92 en en } EPA Form 3510.2F (11.90) . Page 3 of 3 7c I EPA t0 Number (Copy )rpm rem r u$i worm rr I NCD 04*1 467 7h7 rorm Approved. ()#AS No. 2040-pp86 Approval exprrgs 5-31-92 VIL Discharge Information (Conrinubd from page 3 of Form 2F Part A - rou must prowde the results of at lust one analysis for every pollutant in this table. Complete one table for eacri outtall. See ,nstructions for additional details. Maximum Values Pollutant (include units) and I Grab Sample Taken During CAS Number First 30 Flow weighted fifavailable) I Minutes Composite Average Values Number !include units) of Grab Sample Storm Taken During First 30 ' Flow -weighted Events Minutes l Composite Sampled Sources of Pollutants oir and Grease 8.4 mg/L I I 1 Automobiles Biological Oxygen Demand 18005) 16 Fl1g/L I Chemical Oxygen I Demand +C001 I 21 mg/L Total Suspended Solids (TSS! 4 mg/L , 1 Total Kieldan+ Nitro en 2.33 mg/L I 1 —t Nitrate plus Nittrte Nitrogen I -31 mg/L 1 Total Phosphorus I . 04 mg / L 1 pM I.tin,mum 6.2 Maximum 6.2 mi-mum Maximum Part B - L41 each pollutant that ,s limited ,n an effluent gu,det,ne wnicn the facility H suolect to or any pollutant i,sted in the tac,f,ty s NPOEs permit for its process wastewater lit the facility is operating under an existing NPOES permit) Complete one table for sacn oijowl. t Pollutant and CAS Number (if a+rartaole) ! Maximum Values (inctude units) Average Values (include units) Number of Storm Events Sampled ! Sources of Pollutants ` Grab Sample f Taken During i First 30 i Minutes Flow•weighted Composite Grab Sample Taken First Minutes Flow -weighted Composite I � 1 I 1 i # I I I I 1 I ! I ' I I � 1 I � I EPA Form 3510-2F (11-90) r1age VII.i roni,nue on Re,erse It - Pert C • List each porlutsm shown m Tables 2F•2, 2F•3, and 2F-4 that you know or have reason to believe is present. See the mstructrons for additional details and reg4ir&nWU. Complete Ong table for each outfall. Pollutant and CAS Number (it avarlatife) Maximum Vtttlwa (include units) Average V&%M (include uniH) Number of Storm Events Sampled Sources of Pollutants Grab Sample Taken Dunes Finn 30 Minutes Flow -weighted Composite Grab Sample Taken ring Minute$ Flow -weighted Composite Cyanide Aluminum 1 ntimony < 10 u L Arsenic 1 3 u /L Beryllium --A5 u L Cadmium 1 u L Chromium 20 u L Automobiles Copper 20 u L Automobiles Iron 1000 uQ/L1 Automobiles Lead 16 uq1L1 Magnesium .5 m L MBAS .'129 m L Mercury .2 u L Nickel < 30 u L Phenols 01 m L Selenium < 3 u L Silver < '10 u L Thallium <10-R uqZL Zinc '190 m L Automobiles Fecal Coliform - See accom2aning letter Part D • Provide data for the storm events which retluttrod in 1M maximum value for the flowweighted CCH,1,00rote sample. t . Date of Storm Event 2. Duration of Storm ;n minutes 3- Total rainfall during storm event in inches 4. Number of hours between beginning of atom mess- ured and end of previous measurable rain event 5. Maximum floe rate during rain event (galbns/minute or SW#f units & Total flow from rain event (galbns or specity units 7. Season sample was taken 8. Form of Precipitation (rainla)l, snowmelry 12/3 91 405 .80 240 '165,000 gal min 2057,M, gar AUTUMN RAINFALL A Provide a descri tion of the method of flow measurement or estimate. Estimate derived from calculations performed using rainfall amount and square of drained area. Calculations attached. footage crr rorm Pagevil-2 2F-5 EPA 10 Number (copy frpfn r;cm , of 10/1 11 NCD 041 467 267 1 r-orm Approved. OMB No. 2o4o.0086 approval expreS 5-31.92 VII. Discharge Information (Continued from j2age 3 of Form 2F Pon A • You must provide the results of at least one analysis for every pollutant in this table. Complete one table for eacn outfall. See instructions for additional details. Pollutant and CAS Number lJavailaDrel Maximum Values Average Values I Number (intrude units) )include units) I1 of Graz Sample Grab Sample Storm Taken During Taken During First 30 Flpw•we+ghted First 30 ' Flow -weighted Events Minutes Composite Minutes 1 Composite Sampiea Sources of Pollutants oil and Greassi 24.8 mg/L 1 I Biologics Oxygen I 10 mg/L Demand f8ODS1 Chemical Oxygen I Demand ICCO) I I 18 mg/L 1 Total Suspended Solids (TSSI 19 mg/ L 1 Total Xiefdahf Nitro en .88 mg/L 1 Nitrate plus Nitrite Nitrogen . 38 mg/L 1 Total Phosonorus pM Minimum Maximum Minimum Maximum Part List each pollutant that is limited in an effluent guwaelmo wncch the facility is subject to or any pollutant Irstea in the lac,liry s NPCEo permit for its process wastewater (if the facility is operating under an existing NPOES permit) Complete one table for eacn outlall. See Iris rnstrwehooz f Pollutant and CAS Number (if avadaple) I Maximum Values {include units) Average Values (intrude units) Number of Storm Events Sampled Sources of Poltutanls Grab Sample Taken During First 30 Minutes Flow -weighted Composite Grab Samptti Taken During First 90 Minutes Flow weighted Composite I' I I i I I I I I 1 � I I I 4 I I 1 EPA Form 3510-2F (11.90) Page Vu.t Continue on Reverse _.— "__ the P.A.# ' Pan C - List each pollutant shown in Tables 2F•2, 2F-3, and 2F-4 that you know Or have reason 10 believe is present. See the instructions for additional details an* re4uiterhents. Complefs One tabu for oath outfall. Pollutint and CAS Number (rlavailaan) M"imum Vsluse (rncludo units) Avers" Valves (include units) Number of Storm Events Sampled Sources of Pollutants Grad Sample Taken Dunne First 30 Minutes Flow -weighted Composite Grab Sample Taken During First 30 Minutes Flow -weighted Composite yani cle mg uminum 850 ugIL Storage of alum Chips Antimony 41 -R u L Arsenic < Ber ltium < Cadmium < Chromium < Coprigr s Q u L Iron 1 Lead 1 Magnesium 4.3 ma B S .3 mg L Mercury < . Nickel < 3 -7henol s 4.01 m L Selenium < 3 u Silver < 10 u L hallium <10 u L inc 70 uqjL ecal Coli orm See accomp�ninq letter Pan D Provide data for the storm events which resulted in tM maximum values for the flow weVhted compoto Sample. 1. oats of Storm Event 2. Duration of Storm in ►minutes) 3. Total rainfall during storm event (In inchosl 4. Number of hours Dotwean beginning of to., meal- ured and end of prwAous meawrabla rain event S. Maximum floe rate during rain event (galbns/minuo a s A unite & Total flow from rain event (palions or unit! 7. Seaton sample was taken 8. Form of Precipitation (rainla)f, snowmelf) 12/3 91 405 .80 240 39,351/gal mir 2,157,000 gal AUTUMN RAINFALL 4. Provide a description of the method of flow measurement or estimate. Estimate derived from calculations performed using rainfall amount and square footage of drained area. Calculations attached. rrrA Form 76tV-1F (11-90) Page Vil-2 2F-5