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HomeMy WebLinkAboutNCS000293_COMPLETE FILE - HISTORICAL_20100624STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. DOC TYPE 0 COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ a 0 /O d b ,zz1 YYYYMMDD } ;'Av NC®EH North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 24, 2010 Sam Koon Southern States Cooperative Inc - Southern States Coop- Lumberto PO Box 26234 Richmond, VA 23260 Dear Permittee: Dee Freeman Secretary Subject: Rescission of NPDES General Permit Certificate of Coverage Number NCS000293 Southern States Cooperative Inc - Southern States Coop - Lumberton On 10/1/2009, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCS000293. In accordance with your request, Certificate of Coverage Number NCS000293 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or-di'scharging specific types of stormwater to waters of the State without valid coverage under an NPDES pen -nit will subject the responsible party to a civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will occur 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 Brian Lowther at (919) 807-6383, or tltc Water Quality staff in our Fayetteville Regional Office at 910-433-3300. Sincerely, for Coleen I;. Sullins, Director cc: Fayetteville Regional Office Stormwater Pennitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office Wetlands and Stormwater Branch o0e 1617 Mall Service Center, Rale'�h, North Carolina 27699-1617 NOrt L, l Carol I l it Location: 512 N. Salisbury 51. Raleigh, North Carolina �Rtlll'l��il� Phone: 919.807.63001 FAX 9 t 9.807-64941 Customer Service: 1-877$23-6748 l Internet: www.ncwaterq(iality.org An Equal Opportunity 1 Affirmative Action Employer O�OF W A rF9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Y Coleen H. Sullins, Director Division of Water Quality December 29, 2008 Mr. Vance Dann t, .. Southern States Cooperative, Inc. 6606 W. Broad St. Richmond, VA 23230 Subject: Final NPDES Stormwater Permit Permit NCS000293 Southern States Coop -Lumberton Robeson County Dear Mr. Dann: In response to your renewal application for continued coverage under NPDES Stormwater permit NCS000293, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on October 8, 2008. The. qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Deference Part 11I, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. NNaOne Carolina turally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Intemet. h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1.877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% RecyCed110% Post Consumer Paper Mr. Vance Dann Southern States Cooperative, Inc. Permit No. NCS000293 If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian.lowther@ncmail.net. Sincerely, for Coleen H. Sullins, Director cc: Fayetteville Regional Office, Water Quality Section Mike Mitchell, EPA Region 1V Stormwater Permitting Unit Central Files Attachments: NCS000293 Permit 2 NCS000293 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, Southern States Cooperative Inc. is hereby authorized to discharge stormwater from a facility located at Southern States Coop - Lumberton Old Whiteville Rd., (34°36' 17.74"N/ 78°58'39.20"W) Lumberton, NC Robeson County to receiving waters designated as an unnamed tributary of Jacob Swamp, a class C, SW stream in the Lumber River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 1.11, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [January 1, 20091. This permit and the authorization to discharge shall expire at midnight on [December 31, 2013]. Signed this day [December 29, 20081. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000293 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering` 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers t Permit No. NCS000293 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4, Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ft Permit No. NCS000293 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 stortwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification N01 form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater. discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000293 TI �ailorPart v l •! LI �_ Ilia •I— 'r^ 7J ,2~\tun. ✓ y 4.� - .:r �l !2 10j• Trader Palk CQrrt 4! � f. .x •1 yr ._ :_:•E.. ...fir I' � ". � �I,: "�';=`i::-..s•i a• �'ws� '1! V-r� '�, ' ,�. � � y !,-q'} ; ie ,ire - ....• : I , ., w: :_u� �'. 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County: Robeson Southern States Coop Location Stream Class: C SW - Lumberton Receiving Stream: UT to Jacob Swamp Sub -basin: 03-07-51 (Lumber River Basin) CA toIF Map Not to Scale Part I Page 2 of 2 Permit No. NCS000293 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 general 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. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: httpa_I_h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of 10 Permit No. NCS000293 (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 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the'feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 2 of 10 Permit No. NCS000293 Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The pennittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the . previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 Permit No. NCS000293 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The pennittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part 31 Page 4 of 10 Permit No. NCS000293 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stortnwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc t Sample TypC2 Sample Location3 pH Standard semi-annual Grab SDO Biological Oxygen Demand (BOD) mg/L semi-annual Grab SDO Chemical Oxygen Demand (COD) mg/L semi-annual Grab SDO Ammonia, total as nitrogen mg /L semi-annual Grab SDO Total Nitrogen (TN) rn /L semi-annual Grab SDO Total Kjeldahl Nitrogen (TKN) mg/L semi-annual Grab SDO Nitrate/Nitrite m semi-annual Grab SDO Total Phosphorus (TP) m semi-annual Grab SDO Total Suspended Solids (TSS) rn L semi-annual Grab SDO Sulfate m /L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge I - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. Part I1 Page 5 of 10 Permit No. NCS000293 3 Sample Location; Samples shall be ebllected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The perrnittee shall complete the minimum ten analytical samplings in' accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table I Monitoring Schedule Monitoring periodt'2 Sample Number Start End Year 1 —Period 1 1 January 1, 2009 June 30, 2009 Year 1 — Period 2 2 July 1, 2009 December 31, 2009 Year 2 — Period 1 3 January 1, 2010 June 30, 2010 Year 2 — Period 2 4 July 1, 2010 December 31, 2010 Year 3 — Period 1 5 January 1, 2011 June 30, 2011 Year 3 — Period 2 6 July 1, 2011 December 31, 2011 Year 4 —Period 1 7 January 1, 2012 June 30, 2012 Year 4 — Period 2 8 July 1, 2012 December 31, 2012 Year 5 — Period 1 9 January 1, 2013 June 30, 2013 Year 5 — Period 2 10 July 1, 2013 December 31, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stortnwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Park Il Page 6 of l0 Permit No. NCS000293 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark pH Standard 6-9 Biological Oxygen Demand mg/L 30 Chemical Oxygen Demand mg/L 120 Ammonia, total as nitrogen mg/L 7.2 Total Nitrogen (TN) mg/L 30 Total Kjeldahl Nitrogen (TKN) mg/L 20 Nitrate/Nitrite mg/L 10 Total Phosphorus (TP) mg/L 2 Total Suspended Solids (TSS) mg/L 100 Sulfate mg/L 500 Part I1 . Page 7 of 10 Permit No. NCS000293 Tier One If: The First valid sampling results are above a benchmark value, or outside of the benchmark for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date'and value of the benchmark exceedence, the inspectiondate, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive): Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range,, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part 11 Page 8 of 10 Permit No. NCS000293 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: * Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • Require the permittee to install structural stormwater controls; • Require the permittee to implement other stormwater control measures; or • Require that the permittee implement site modifications to qualify for the No Exposure Exclusion. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. [If analytical monitoring is not required, the permittee still must conduct semi-annual qualitative monitoring.] In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyt Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO semi-annual SDO .Clarity Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Part I1 Page 9 of 10 Permit No. NCS000293 Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued- for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See 'Cable 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease m I semi-annual Grab SDO Total Suspended Solids m I semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usage gallons/month I semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 I -or each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the Part 11 Page 10 of 10 Permit No. NCS000293 permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 11 of 10 Permit No. NCS000293 PART III STANDARD- CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water .Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement, b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition maybe 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 USG 1319 and 40 CFR 122.41(a).) C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page 1 of 8 Permit No. NCS000293 SIO,000 per day for each day during which the violation continues, with the maximum amount of any Class 1I penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part I11, Section C. of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321, 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or. knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000293 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 S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1, Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers "Phis permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In thecase of a partnership or limited partnership: by a general partner; (3) . In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000293 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: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to.maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000293 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 nonnal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event, Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recordine Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000293 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 Outfah 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. Inspection and Entev The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC TI 5A 0213 .0506. Part III Page 6 of 8 Permit No. NCS000293 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, shalt be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the. Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned 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 Nonc_o_mlliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. if the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Re ortin The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000293 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000293 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved., Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure, Parts IV, V and VI Page 1 of 5 Permit No. NCS000293 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000293. industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § I22.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. . 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title Ili, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000293 (1) Is listed in Appendix D of 40 CFR part 122 on Table 1I (organic priority pollutants), Table I11 (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for.which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages F \NA7- Michael F. Easley, Governor `O�0 RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0) 7 Coleen H. Sullins, Director Division of Water Quality o � DATE: October 14, 2008 TO: The Fayetteville Observer NUMBER: 910-323-1451 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303 SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, October 21, 2008. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Southern States Cooperative, Inc, 6606 W. Broad St„ Richmond, VA 23060 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Southern States Coop-Lumberto, Old Whiteville Rd. Lumberton, NC, Robeson County. The facility discharges to waters designated as Unnamed Tributary to Jacob Swamp, within the Lumber River Basin. Copies of the draft permit, No. NCS000293, are available by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 Brian.lowther@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than November 21 2005. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000293. SA 1M R -CDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 Pljljuc NO"['lCl STATE OF NORTH CAROLENA ENVIRONMENTAL M A NAO ENIEN'T' COMMISSION 1617 MAIL SERVIC_I;: CENTER RALEIGH, NORTH CAROL,INA 27699-1617 Sot]thern States Cooper:] - tive, Inc, 6606 W. Broad St., Richmond, VA23060 has. '14]- plied for an Ni, IS Slorn]water Permit. to din - c1mrp,e sturnrwatct• asrozial - cd with Induslrial activil.ies ul. ❑ facility lo,:ated :11 South - errr Stapes Coop-Lunrberlo, Old V01 teville Rd. Lurirl:eftrnr, NC, Robeson Corlwy. The facility dis- clr:rrgcs to waters dcsignat - ed %s Unn:nned 'Tributary to Iacob Swan] within the ['Irlill'er River MIrl",, Copies of die draft permil, No. NCS000293, are availa NO by conLtcting: Brian Lowther NC Division of Water Quality Ifi17 Mail Service Center Rnlciggh, NC 27699-1617 Tcleplwnc Number: (919)-807-6368 f3ri:u r.lowUt er Qncma il.nct Persons wishing to corn - tuerlt 11 or object. to tlrc pra�Irosee detcrnunation are ulvlted to submit. their Coln - n]cots in writing to the :]bovc addles no lalcr than November 21, 2005• All •o unnant:: received pHor to that date will be considered in the fury detenrdnation rc - gardir]g permit. issuance. All contrnents and rogrrests should reference draft per- mit rlurnberNCS000293. 10/2 1 103 1,17 9 FAYETTEVILLE PUBLISHING COMPANY 458 Whitfield Street, Fayetteville, NC 28305 Phone (910) 678-9000 Toll Free 1-800-345-9895 Fax (910) 323-1451 Order Confirmation Ad Order Number 0001031479 Sales Rep, 0090 Order Taker 0090 Order Source e-mail Order Invoice Text NC DIV OF WATER QUALITY Customer NC DIVISION OF WATER QUALITY Customer Account 1000143769 Customer Address 1617 MAIL SERVICE CENTER RALEIGH NC 27699 USA Customer Phone 919-807-6303 Pavor Customer PO Number NC DIVISION OF WATER QUALITY Pavor Account Ordered By 1000143769 SARAH YOUNG Customer Fax Pavor_AddresS 1617 MAIL SERVICE CENTER RALEIGH NC 27699 USA Customer EMail Pavor Phone 919-807-6303 Special Pricing None Net Amount Tax Amount Total Amount Amount Due $161.65 $0.00 $161,65 $161.65 Payment Method Payment Amount $ 0.00 Ad Number Ad Tyne Ad Size Color 0001031479-01 CL Legal Line : 1.0 X 53 cl <NONE> Product Placement/Classification Run Dates # Inserts Cost FO:: 401 - Legals 10/21/2008 1 $153.70 FOOL:: 401 - Legals 10/21/2008 1 $7.95 10/14/2008 4:18:41 PM PUBLIC NOTICE STATE OI" CAIt01:,INA 1 NV1TtONMENTAL MANA0EMENT COMMISSION 1617 MATE, SIERVICE C17N'I'1 R RAL13:1 1.1, NORTH CAKOIANA 27699-1617 Southcnr States Coopera - live, Inc, 6606 W. Broad St., Richmond, VA 23060 has a�� D plied for arr NPL•.S- Storntwater Permit to dis - clrarf;c storrnvater associal ed with industrial acuviucs ul :r facility Io,_ rawd al Snutlr - ern Stmcs Coop-L.nmberto, Ohl Whileville Rd. Lumberton, NC. Robeson County. Tim facility dis- charges In waters designat - ed as to 'Tributary to Jacob Swarnp, wiUrin the m I-ul"n.liver Basin. Copier, of dre dr:rfr permit, No. NCS000293, are availa - ble by coutacung: Brirut Lowther' INC. Division of Wntcr Quality 1617 Mail Scrvicc Center lalci •h, NC: 27699-1617 '1'clep lone Number: (919)-807-6368 T3ri:u�.lowtlrerw ucmail.net Persons wishing to coil - ntew iij)on or ol+jrU. to the p:-o,)osecdeterminal.ion are uivttcd to submit their corn - ruents in writing to the above addrrss mo later than November 21, 2008. All coinraents received prior to that date will be considered hr the final detennirration re- garding permit issrl:ulce. All comments and rognests should reference draft per - rnit mimberNCS000293. 10121 1031,179 FAYETTEVILLE PUBLISHING COMPANY 458 Whitfield Street, Fayetteville, NC 28305 Phone (910) 678-9000 Toll Free 1-800-345-9895 Fax (910) 323-1451 Order Confirmation Ad Order Number 0001031479 Sales Rep. 0090 Order Taker 0090 Order Source e-mail Order Invoice Text NC DIV OF WATER QUALITY Customer NC DIVISION OF WATER QUALITY Customer Account 1000143769 Customer Address 1617 MAIL SERVICE CENTER RALEIGH NC 27699 USA Customer Phone 919-807-6303 Payor Customer PO Number NC DIVISION OF WATER QUALITY Payor Account Ordered By 1000143769 SARAH YOUNG Customer Fax Payor Address 1617 MAIL SERVICE CENTER RALEIGH NC 27699 USA Customer Entail Payor Phone 919-807-6303 Special Pricing None Not Amount Tax Amount Total Amount Amount Due $161.65 $0.00 $161.65 $161.65 Payment Method Payment Amount $0.00 Ad Number Ad Typo Ad Size Color 0001031479-01 CL Legal Line : 1.0 X 53 cl <NONE> Product Placement/Classification Run Dates # Inserts Cost FO:: 401.- Legals 10/21/2008 1 $153,70 FOOL:: 401 - Legals 10/21/2008' 1 $7.95 10/16/2008 9A5A7AM AFFIDAVIT OF PUBLICATION NORTH CAROLINA Cumberland County Before the undersigned, a Notary Public of said County and state, duly FIMLICNOTEE commissioned and authorized to administer oaths, affirmations, etc., NORTH AROLINA IINVIRONMEXTAL personally appeared. CINDY L. OROZCO MANNAQEMENrr COMMISSION 1617MA1L VI SERVICE Who, being duly sworn or affirmed, according to law, doth depose and say CENrER that he/she is LEGAL SECRETARY RALEIGH, NORT699,1617 2 of THE FAYETTEVILLE PUBLISHING COMPANY, a corporation organized tl�."=. 66M W. aft; and doing business under the Laws of the State of North Carolina, and ° an A23060 has- publishing a newspaper known as the FAYETTEVILLE OBSERVER, in the gliedRichmond. torm�'11-se �� p"a"' � d" charge atarmwater aesaLlat City of Fayetteville, County and State aforesaid, and that as such he/she ed with industrial activities at s Ircated a, 5att� - makes this affidavit; that he/she is familiar with the books, files and SW'0ty ern Stales Coa�Lumberto, Old Weitevdlc Rd. business of said Corporation and by reference to the files of said publication Lumberton, NC, Rnbeam county. The facNty di,- the attached advertisement of CL Legal Line ehargu to vMe &.19nat - ed as ilaaamed Tributary to NC DiV OF WATER QUALITY !scab S.= within the ., Lumber Ri��asim of NC DIVISION OF WATER QUALITY dMet ""�'t bleb � . �` was inserted in the aforesaid newspaper in space, and on dates as follows: co 13d.n Ln-ther NC DIvleiun of Water Quality 1617 Mail Service Ceara Raleigh, NC 27699-1617 Td o Number. (919-eo7�36s 13 naa. k v�tha � ncma ilne t 10/21 /2008 tee, and at the time of such publication The Fayetteville Observer was a ,%`�"..� �m newspaper meeting all the requirements and qualifications prescribed by ab-d In s$ to ' �` a6we ddteae n0 later fha0 Sec. No. 1-597 G.S. of N.C. November 21, 2008. All re d priordto 6.r=date The above is correctly copied from the books and files of the aforesaid thm wILL Wd In the rtaal detesmirmtioa M. laauattce. corporation and ublication. gam Me permit All Lhmld is ad tegacsta ahLvld rdererce draft per tuft member NCS000293. M1 1031479 LEGAL SECRETARY Title Cumberland County, North Carolina Sworn or affirmed to, and subscribed before me, this 21 day �of October, A.D., 2008, in Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. a H. Walters, Notary Public jMy commission expires 05th day of December, 2010. MAIL TO: NC DIVISION OF WATER QUALITY 1617 MAiL SERVICE CENTER RALEiGH, NC 27699 0001031479 . Michael F. Easley, Governor 0 wArF9p • "�:,�� Imo`°���,.". Mr, Vance Dann Southern States Cooperative, Inc. 6606 W. Broad St. Richmond, VA 23230 Dear Mr. Dann: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 8, 2008 Subject: Draft NPDES Stormwater Permit Permit No. NCS000293 Southern States Coop-Lumberto Robeson County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. All previous analytical, monitoring parameters have been maintained in this permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part It Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, Qr outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) NNo `hCarolina aturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enrstatem.us 512 N. Salisbury St. Raleigh, NC 27604 I A.X (919) 807-6494 1-977-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Vie Dann Southern States Cooperative, Inc. Permit No. NCS000293 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be. updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part 1 Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowther@ncmail.net cc: Fayetteville Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 NCS000293 WATF Michael F. Easley, Governor `O�� 94G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co Coleen H. Sullins Director Division of Water Quality 0 Y STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPOES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Special Issues: Southern States NCS000293 Lumberton, NC (Robeson County) Fertilizer Blend Plant and Wholesaler 2875 See Figure 1 Lumber River Basin, Sub -basin 03-07-51 C, SW See attached draft permit. See Table 1 See Figure 1 09/30/08 Brian Lowther, (919) 807-6368 Issue Rating Scale: 1 eas to 10 hard Com liance history 2 Benchmark excecdence 10 Location (TMDL, T&E 1 species, etc Other Challenges: 8 Is there an additional outfall to sample? Difficult Rating: 21/40 Special Issues Explanation: There is a "submerged outlet" that drains the roof and discharges in the northeast area of the site. Description of Onsite Activities: They specialize in custom -blended fertilizers. They are a wholesaler. Documents Reviewed: • SPU File • National Heritage Program's T&E Species Database • 2008 Draft 303(d) list • 2003 Lumber Basinwide Plan Pagel of 8 NCS000293 • Draft 2006 EPA Sector Specific Permit (Sector C: Chemical and Allied Products Manufacturing) History: • 8 March 1995: Permit first issued. Sampling required for COD, TSS, total ammonia, BOD, TP, pH, TKN, nitratelnitrite, sulfate. • 8 September 1999: Permittee notified that the permit would expire. Results of sampling from previous permit unknown. • 14 July 2000: Permit re -issued. Sampling required for COD, TSS, total ammonia, BOD, TP, pH, TKN, nitrate/nitrite, sulfate. Must sample quarterly in the fourth year. • 8 December 2004: Permittee notified that the permit would be expiring. 0 8 February 2005: Permittee submitted renewal application. Page 2 of 8 NCS000293 NCS000293 la 1t' %/\>\ I., 5 MW Scale 1: 20,000 Figure 1: Map of vac ti_. •tyi..y.'71 4 -imhr Pa IIy •� .jtiY I 0 ._ •,C44day i IT coin Trailer � ' / •' L � , j^ ) ! Z. •� Southern States ,P. ':' j • �; `�� Southern States, Inc Latitude: 340 36' 18" N Lor4tude: 780 58' 39" W County: Robeson Recei ving Stream: UT to Jacob Swarrp Stream Class: C, SW Sub -basin: 14-16-4 (Lumber River Basin) Facility Location Page 3 of 8 NCS000293 Central Office Review Summary: 1. Owner's Other Permits: • NCO082821 Groundwater Remediation Discharge, Southern States Fertilizer Plant • 0082821 AC Authorization for Construct NPDES Facility, Southern States Fertilizer Plant • NCS00294 Stormwater Discharge, Individual, Southern States Coop-Creedmoor • SR700002 Soil Remediation — Converted, Southern States Cooperative (Expired) 2. General Observations: There are two outfalls sampled but there appear to be four total. Outfall 1 is to a "concrete ditch". Outfall 2 is appears to be a ditch offsite. There is also another ditch that appears to be a third outfall near the railroad tracks. It is unclear if that outfall is associated with the facility or with the railroad. The fourth potential outfall is the "submerged outlet" for the roof drains. The plant appears to be under a roof, However, the loading dock is only partially covered, and it is a paved area that drains directly to Outfall 1. Also, there are two paved "bulk load out" areas that are not covered that may contribute to the considerably high nutrient loads seen in the analytical sampling data and/or the issues with the qualitative data. 3. Impairment: The receiving stream is not 303(d) listed, and it is not addressed in the Basinwide Plan. 4. Threatened and Endangered: Based on the National Heritage Program's T&E Species Database there are no T&E species downstream. 5. Location: This facility drains to an UT of Lee Pond. BIMS classifies Lee Pond as "UT to Jacob Swamp" b. Industrial Changes since Previous Permit: Some added concrete and stored chemicals. Owner reports all chemicals under roof. 7. Analytical Monitoring Notes: o The analytical data was recorded four times for two outfalls. In one instance, TKN is more than TN? In another instance, the COD is VERY high, but the BOD is not'? All of the nutrient parameters are consistently high. Only BOD and sulfate are not over the current benchmark. Exceeded new benchmarks for COD, NH3, TN, TKN, NO3 + NO2, TP, and TSS. Also, the permittee did not collect pH, flow, precipitation or duration data. o From the EPA Sector Specific parameters: Agricultural chemicals (SIC 2873-2879) require nitratelnitrite, total recoverable lead, total recoverable iron, total recoverable zinc, TSS, and phosphorus (not total). 8. Qualitative Monitoring, Notes: There are several instances of solids and issues with clarity, color, and oil sheen. Page 4 of 8 NCS000293 Table 1: Analytical Monitoring Required Sample Date Total Prec. Duration pH BOD GOD N-NN3 TN TKN NO3 NO2 TP TSS Sulfate Sampling Flow (in) (hours) Bench: Bench: Bench: Bench: Bench: Bench: Bench: Bench: Bench: Bench: Range (MGD) 6-9 mg1L 30 m91L 120 m91L 7.2 m91L 30 mg1L 20 mg/L 10 mglL 2 m91L 100 mg/L 500 mg/L (total) (sum) OutfalI 1 I 922/2003 <27, 5 79.9 35.2 80.5 45.1 35.4 <0.05 22 56 123 10/31104 /31/ 1111ro4 2/1212004 24.4 120 33.9 © 24.3 42 24.3 ©� <p.05 86.4 5B0 163 1131/05 11f05-4l30105 42612004 13.9 51 B 63.8 255 137 1 t 8 <1 143 970 431 11105-7/31/05 7128/2004 15.6 i9.8 230 225 Outfall 2 1104- 9f2212003 18.6 96.7 31.8 ©©©© 88.4 62.7 25.7 <0.05 25.9 78 126 10/31104 11 2/12/2004 22.3 89.1 21.fi ©©� 40:9 28 12.9 ©© c0.05 49.9 � 410 7.77 3104 111/05 1/05-4/30/05 4f26/2004 13.9 116. 41.8 ©©©©� 100 66.4 33.8 <0:25 7B.6 230 138 11105-7/31 5 7f2812004 14.7 Mimi 24.6 15.1 9.48 <0.1 16.1 404 51.3 Ill"Over Current Benchmark Data Not Collected Page 5 of 8 NCS000293 Revised Permit Recommendations: Analytical Monitoring: 1. All of the previous parameters were added. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part li Section A. 2. 'Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Discussions with permittee: Mark Gillis, 910.739.7562, mark.gillis a sscoop.com, 08/14/08 Page 6 of 8 NCS000293 Sam Koon was the old contact and is now retired. 1. Do you manufacture fertilizer or sell it? What other type(s) of fertilizer do you make'? ANSWER: Blend plant and wholesaler. Do not manufacture fertilizers. Fertilizers are nitrate, phosphate, and potash on site. 2. Have you had any industrial changes since your previous permit? ANSWER: Added more concrete onsite and added some chemicals for new treatment. All chemicals are inside or covered. 3. Do you do onsite vehicle maintenance'? ANSWER: Yes, for loaders and forklifts. 4. What is your SIC Code? ANSWER: Not sure. 5. What is the "ditch" near the railroad tracks'? It isn't labeled as an Outfall. Also, what is the "submerged outlet" for the roof drains also near the tracks, it is also not labeled as an outlet. Do these somehow tie into one of the two labeled outfalls? ANSWER: No drainage from the site goes to the ditch. The submerged outlet was confirmed and no discharge comes from it? b. What kind of tanks/containers/chemicals are stored outside'? ANSWER: There are no chemicals stored outside and all have secondary containment. Site Visit: Confirm status of "submerged outlet" that drains the roof and discharges in the northeast area of the site. Page 7of8 NCS000293 Recommendations: Based on the documents reviewed, the application information submitted on 8 February 2005 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting Unit Supervisor Concurrence by Regional Office Water Quality Supervisor Regional Office Staff Comments for Bradley Bennett Date Date Date Page 8 of 8 G WATF9 �� �� Michael F. Easley, Governor r—�`�, Q �0 G Witham G. Ross Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources Q Coleen 11. Sullins, Director Division of Water Quality October 6, 2008 MEMORANDUM TO: Brian Lowther Stormwater Permitting Unit n DWQ Central Office a Uw FROM: Michael Lawyer, Environmental Specialist �ga Surface Water Protection Section Fayetteville Regional Office THROUGH: Belinda S. Henson, Regional Supervisor Surface Water Protection Section ` Fayetteville Regional Office SUBJECT: Southern States-NCS000293 Individual Stormwater Permit Renewal Please find enclosed the Fayetteville Regional Office's comments on the subject facility's permit renewal application. If any further information is needed, please contact Mike Lawyer at 910-433-3329. Enclosure cc: FRO -Surface Water Protection One NolihCan)Jllla ,/11171/may North Carolina Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300 Customer Service Internet: ausv.ncuaterduality.urg Fax (910)486-0707 1-977-623-6748 An Equal OppodunitylAHirmative Action Employer— 50% Recycled110% Post Consumer Paper NCS00k'0 Recommendations: Based on the documents reviewed, the application information submitted on 8 February 2005 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 0B 2S D Stormwater Permitting Unit Supervisor IC�[�,c�_ moult-�CSL Date g Zf °� for Bradley Bennett Concurrence by Regional Offic Date d 3ql� OT OK 47 Water Quality Supervisor Date IOZ51 Regional Office _ceStaff Comments C7' k.,rrTk /`�✓ / l�l� l� Cry l�-s / ye / v'el /`%s. �G�/tir,r Z J �g z, s 74C,/{ 'i7 4;y, Pe7c ten.. r tZa�e7 7� /� I5 a M iAS� a,,, c�'� i1` /s 1�{eo( I h(4rtcia7�a�/ / s. A ;e/ Scci / y n ( �"t°'"' r near . , // �/�1 ma� D o�` �an �..a7�V� S /7�,rt qS etc 44l4ac.?;/�lLw�o •�-, ai a f-� 57 S 677, Lr_4(1( 74-A lUe�*IC4� 07'�'57� � W�krf?Ai 6C AIM" cCiU'� Ma�d�r �� /icno�� 7�2sm Gt.Sn`7¢r 2c�;X, Yl/e `-Page 8 of 8 v4 CeNGt rt� 4✓�1`y. / SSk rGe' a7 i� Cev & 7 c., D^�-r'C a/`� add��l�Ana LokcerYt / / 9J0 - 33Zr NCS000293 0 WA 'If Michael 17. Easley, Governor qOG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen It. Sullins Director Division of Water Quality O '< STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Southern States NPDES Permit Number: NCS000293 Facility Location: Lumberton, NC (Robeson County) Type of Activity: Fertilizer Blend Plant and Wholesaler SIC Code (if applicable): 2875 Receiving Streams: See Figure 1 River Basin: Lumber River Basin, Sub -basin 03-07-51 Stream Classification: C, SW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure I Response Requested by (Date): 09/30/08 Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: w. Issue Rating Scale: 1 eas to 10 hard Compliance history 2 Benchmark exceedence to Location (TMDL, T&E 1 species, etc Other Challenges: 8 • Is there an additional outfall to sample? Difficult Ratin : 21/40 Special Issues Explanation: There is a "submerged outlet" that drains the roof and discharges in the northeast area of the site. Description of Onsite Activities: They specialize in custom -blended fertilizers. They are a wholesaler. Documents Reviewed: • SPU File • National Heritage Program's T&E Species Database • 2008 Draft 303(d) list • 2003 Lumber Basinwide Plan Page I of 8 NCS000293 • Draft 2006 CPA Sector Specific Permit (Sector C: Chemical and Allied Products Manufacturing) History: • 8 March 1995: Permit first issued. Sampling required for COD, TSS, total ammonia, BOD, TP, pH, TKN, nitratelnitrite, sulfate. • 8 September 1999: Permittee notified that the permit would expire. Results of sampling from previous permit unknown. • 14 July 2000: Permit re -issued. Sampling required for COD, TSS, total ammonia, BOD, TP, pH, TKN, nitrate/nitrite, sulfate. Must sample quarterly in the fourth year. • 8 December 2004: Permittee notified that the permit would be expiring. • 8 February 2005: Permittee submitted renewal application. 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Id .� j C�• /~ 3�� y-.�. �If� ``,'- �+ L- �I Ir•` �'/ A`� .,+ " `ti+�i+�`f`•R" � ���� �. r; • i '�i'' }'''1 > ��R '� iir_� sf 4 `�``�� rB�ifd� �fI3b91:"^ ,, 7"a.-�� a Ash 1w�-[(" � , � , 5 +• = J s .Ors. y '�-'SSY�3p►y14� ., +,l�f/�``l',"i/.,^�■1?v`.`fl� �' `•(\d'g�1 �Ij•���• � per, i, {� r- / ,�•� � ! 4��� �� - �r .J�?'; C � �`J� f , , �f�.:� •A� {1•. tip• , ti / .it ^•.•..�/ i-�vn i �� -.` 5 �1��r1'�, w; -"{'i "`-r""-. >Y'. •JrJ. �i+�•� �r •� 1 TTT"TTT ''� NCS000293 Southern States, Inc Latitude: 346 36' 18" N t i/ Longitude: 78° 58' 39" W County: Robeson i �z j7— t• Receiving Stream: UTtn Jacob Swarrp 10' Stream (lass: C, SW Sub -basin: 14-16-4 (Lumber River Basin) FaciIItyLocation MWScale 1:20,000 11 Page 3 of 8 NCS000293 Central Office Review Summary: 1. Owner's Other Permits: • NCO082821 Groundwater Remediation Discharge, Southern States Fertilizer Plant • 0082821 AC Authorization for Construct NPDES Facility, Southern States Fertilizer Plant • NCS00294 Stormwater Discharge, Individual, Southern States Coop-Creedmoor • SR700002 Soil Remediation -- Converted, Southern States Cooperative (Expired) General Observations: There are two outfalls sampled but there appear to be four total. Outfall I is to a "concrete ditch". Outfall 2 is appears to be a ditch offsite. There is also another ditch that appears to be a third outfall near the railroad tracks. It is unclear if that outfall is associated with the facility or with the railroad. The fourth potential outfall is the "submerged outlet" for the roof drains. The plant appears to be under a roof. However, the loading dock is only partially covered, and it is a paved area that drains directly to Ou' tfafl 1. Also, there are two paved "bulk load out" areas that are not covered that may contribute to the considerably high nutrient loads seen in the analytical sampling data and/or the issues with the qualitative data. 3. Impairment: The receiving stream is not 303(d) listed, and it is not addressed in the Basinwide Plan. . 4. Threatened and Endangered: Based on the National Heritage Program's T&E Species Database there are no T&E species downstream. 5. Location: This facility drains to an UT of Lee Pond. BIMS classifies Lee Pond as "UT to Jacob Swamp" 6. Industrial Changes since Previous Permit: Some added concrete and stored chemicals. Owner reports all chemicals under roof. 7. Analytical Monitoring Notes: o The analytical data was recorded four times for two outfalls. In one instance, TKN is more than TN? In another instance, the COD is VERY high, but the BOD is not? All of the nutrient parameters are consistently high, Only BOD and sulfate are not over the current benchmark. Exceeded new benchmarks for COD, NH3, TN, TKN, NO3 + NOz, TP, and TSS. Also, the permittee did not collect pH, flow, precipitation or duration data.. o From the EPA Sector Specific parameters: Agricultural chemicals (SIC 2873-2879) require nitrate/nitrite, total recoverable lead, total recoverable iron, total recoverable zinc, TSS, and phosphorus (not total). 8. Qualitative Monitoring Notes: There are several instances of solids and issues with clarity, color, and oil sheen. Page 4 of 8 NCS000293 Table 1: Analytical Monitoring Required.: , . 0 : • , • 1©�{-i���®®ice SarnpUng Flow 1 'hours, Miffl—TWM�[ �� Range 1 1 1 �1 1� Wff.lri N E W (sum) .1 1. � 11 —'^•"+{A �T rsr�-- r.s�s lr1, 7 ..-�.�-�r 1 -_—®®r..PSY-,. fir. � ...'� ��. 11C�-i i�'� =`�•{:Ciil i' Ll^r I �',-�..i �_ • 1 1 • -._ _®®i��'�®�T-•-'�5'~�t ,-tom-•x� �. •�� ���� �'� ri��MWMMML- N tY �--•`'"--r-J[7 08- ..e,r�`..�'af 0c�+�.ti..R� • IP =!-15W_WNA'1 E 7 mm Over Current Benchmark Data Not Coll ected Page 5 of 8 NCS000293 Revised Permit Recommendations: Analytical Monitoring: I. All of the previous parameters were added. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote l of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Discussions with permittee: Mark Gillis, 910.739.7562, mark. gillis c@sscoop.com, 08/14/08 Page 6 of 8 NCS000293 Sam Koon was the old contact and is now retired. 1. Do you manufacture fertilizer or sell it? What other type(s) of fertilizer do you make? ANSWER: Blend plant and wholesaler: Do not manufacture fertilizers. Fertilizers are nitrate, phosphate, and potash on site. 2. Have you had any industrial changes since your previous permit? ANSWER: Added more concrete onsite and added some chemicals for new treatment. All chemicals are inside or covered. 3. Do you do onsite vehicle maintenance? ANSWER: Yes, for loaders and forklifts, 4. What is your SIC Code? ANSWER:- Not sure. 5. What is the "ditch" near the railroad tracks? It isn't labeled as an Outfall. Also, what is the "submerged outlet" for the roof drains also near the tracks, it is also not labeled as an outlet. Do these somehow tie into one of the two labeled outfalls? ANSWER: No drainage from the site goes to the ditch. The submerged outlet was confirmed and no discharge comes from it? 6. What kind of tanks/containers/chemicals are stored outside? ANSWER: There are no chemicals stored outside and all have secondary containment. Site Visit: Confirm status of "submerged outlet" that drains the roof and discharges in the northeast area of the site. Page 7 of 8 NCS000293 Recommendations: Based on the documents reviewed, the application information submitted on 8 February 2005 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) •-- Date o8 ZS o Stormwater Permitting Unit Supervisor 4�Date for Bradley Bennett Concurrence by Regional Office Date Water Quality Supervisor Regional Office Staff Comments Date Page 8 of 8 Southern States Cooperative, Inc. 6606 West Broad Street Richmond, Virginia 23230-1717 Mail Address: P.O. Box 26234 Richmond, Virginia 23260-6234 Telephone (804) 281-1000 January 31, 2005 Individual Permit Renewal SOUTHERN Attn: Darren England STATES Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1717 Certified Return Receipt Requested RE: Southern States, Inc. Lumberton Fertilizer NPDES Stormwater Permit renewal NPDES Permit No. NCS000293 Robeson County Dear Mr. England, Enclosed are two copies of the renewal application forms and all required data and information and signed certification of all forms and certification of stormwater pollution prevention plan. Please call me at 804-281-1262 if you have any questions. Sincerely, �z Vance Da n Manager, Environmental Engineering Attachments Cc: Mark Gillis — Lumberton Fertilizer Sam Koon - (cover letter only, by e-mail only) s SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: I�niti�als !/_� I (Do not submit the site Stormwater Pollution Prevention Plan) A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required.analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. * A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. - A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. 4 L 7�j`•�� r;:'abi6T' oa°�wAr�go� PERMIT COVERAGE Y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000293 Stormwater Discharge Permit TIIIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITII THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000293 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: SOUTHERN STATES COOPERATIVE INC Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: SOUTHERN STATES COOP-LUMRERTO Facility Contact: Facility Address: OLD WHITEVILLE RI) LUMBERTON, NC 28358 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: SAM KOON Mailing Address: PO BOX 1485 LUMBERTON, NC 28358 Phone Number: 9197397562 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: UTTO 1ACOB SWAMP Stream Class: C Sw Basin: Sub -Basin #: 030751 Number of outfalls: Z CERTIFICATION Vance Dann 6606 W. Broad St. Richmond, VA 23230 804-281-1262 _.804-281- L3Q6 vance.dann@sscoop.com Mark Gillis 910-739-7562 10-73 —1326 mark.gillis@sscoop.com 804-281-1396 2 I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. N J Signature � t1yY1 ._._7� -._ .....____. _..._._ Date Print or type name of person signing above Please return this completed renewal application form to: Individual Permit Renewal Title Attn: Darren England i w Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 TRAG!(8 p GWAKhY'�A- '' SUBMERGED. OUTLET • ~1. . ��..� '~� . `-`'l ..max' w�— �. '"q — w'------ —:�::� -��ii `..� f'�+t ..�...•, ,� ....—a. ��.x-.� w —; v�-C3 �r CHANGE •' ?�!u�- SFG� a �' F f00VERED iIL U LOAD41.. , r H��C+c : n Li' Ko cW- HOIiSE' D nyLOADING HAG&tNG BULK RAT0ft UMRAOE 5; t ` '` OFFiCF #DOCKS OPERATIONS` M ULTrusm COVERED PLAN{ ROOF ExtAl118 . �SiALE `�' "• +' -. : SHELTER .ra �-� HUiif LOA4SUf �. t srartAMPAVED AREA ai STORM WATER r. OUrI:uNa� co oricrt . �. gul Lx LOALi ouT' y-+FENCE \ IN BAG. .��. AREHOUSE OUT ,FALL NO: kECHAHICAL- STORAGE NOTTOSCALE co SOUTHERN.$tATES'000P ; INC. LUMBERTON_FERTILIZER.PLANT: i . _ . ; STORE! WATER POLLUTION rvy' pREVE� PLAN Lumberton Stormwater Sampling Analysis (Item # 2) Outfall 001Sampling Data Parameter Sample date in mg/I) 9/22/2003 2/12/2004 4/26/2004 7/28/2004 BOD5 <27.5 24.4 13.9 15.6 COD 79.9 120 518 140 N-NH3 35.2 33.9 63.8 49.1 N-total 80.5 24.3 255 117 TKN 45.1 42 137 60.8 N-nitrate 35.4 24.3 118 56.6 N-nitrite <0.05 <0.05 <1 <0.5 P 22 86.4 143 19.8 TSS 56 580 970 230 Sulfate 1231 1631 4311 225 Outfall 002 Sampling Data Parameter Sample date in mg/I) 9/22/2003 2/12/2004 4/26/2004 7/28/2004 BOD5 18.6 22.3 13.9 14.7 COD 86.7 89.1 116 1340 N-NH3 31.8 21.6 41.8 11 N-total 88.4 40.9 100 24.6 TKN 62.7 28 66.4 15.1 N-nitrate 25.7 12.9 33.8 9.48 N-nitrite <0.05 <0.05 <0.25 <0.1 P 25.9 49.9 78.6 16.1 TSS 78 410 230 404 Sulfate 1 1261 7.77 138 51.3 };FEB 0- 3 << Visual Observation Reports For Lumberton Fertilizer (item #3) Outfall 001 Sample Date Parameter 11/1412000 6112/2001 9-11101' 3/21/2002 5/30/2002 8/14/2002 10/11/2002 4/7/2003 11/4/2003 Rainfall duration hrs 3.3 3.5 1 0.9 1 1.8 6.5 2.6 Rainfall amount inches 0.7 0.4 0.5 1 0.9 2.3 0.6 0.9 Color reT_ qrey clear brownish grey clear grey clear Odor no no no no no no no no Clarity cloudy cloudy no muddy cloudy clear muddy clear Floating Solids? YIN es yes no yes yes no yes no Suspended Solids? YIN no no no no yes no yes no Settled Solids? YIN no no no no no no yes no Foam ? YIN es no no no no no no no Oily Sheen? YIN es Ino Ino no Ino no no no 'No sample due to no significant rainfall events Visual Observation Reports For Lumberton Fertilizer (item #3) Outfall 002 Sample Date Parameter 11/14/2000 6/12/2001 9-11101 3/21/2002 5/30/2002 8/14/2002 10/11/2002 4/7/2003 11/4/2003 Rainfall duration hrs 4.3 3.3 1 0.9 1 1.8 6.5 2.6 Rainfall amount inches 0.7 0.4 0.5 1 0.9 2.3 0.6 0.9 Color re re greyish re(darkr e grey Odor no no no no no no no no Clari cloudy cloudy cloudy muddy cl !mud muddy muddy muddy Floating Solids? YIN no yes yes yes yes yes yes yes Suspended Solids? YIN no no no no yes yes yes yes Settled Solids? YIN no no no no no yes yes yes Foam ?_(YIN) no no no no no no no no Oily Sheen ? YIN no no no no no es slight no "No sample due to no significant rainfall events f r FFB 0�. a SOUTHERN STATES COOPERATIVE, INC. LUMBERTON FERTILIZER BEST MANAGEMENT PRACTICES SUMMARY 1) No bulk fertilizer materials are stored outside. 2) Storage tanks and valves are clearly labeled to identify tank contents and product controlled by the valve. 3) All exposed concrete pads and aprons utilized in the fertilizer operation are completely swept clean after every continuous load out procedure. 4) Any spills outside the building are cleaned up immediately. 5) A daily visual inspection of the facility is made by the plant foreman to determine if any material has been released from the storage area and to confirm that all spilled material has been cleaned up. SOUTHERN STATES COOPERATIVE, INC. LUMBERTON FERTILIZER SIGNIFICANT CHANGES NARRATIVE 1) A 17' X 76" shelter covered on two sides was added over bulk load out along highway side of plant building. 2) A bulk load out was added at end of plant building. O LUTION PREVENTION -PLAN,, t1:STORMWATER f. S L .! r d j T 1 , �� � ' � l F IM &MENTATION. DEVE' = OPMENT A j , [� �>,,.i ,yy .Fli`y1i �,,yy��5r°t fit" iwS } •.-f�lnl - �` .. kh� ��E�R� r I=FI�hCATI a N ZZ , , •u:S.L4.�—r1'.,::. Lr..N:` N.C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: SOUTHERN STATES COOP-LUMBERTO Permit Number: NCS000293 Location Address: OLD WHITEVILLE RD LUMBERTON, NC 28358 County: ROBESON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature`" Date 1 Print or type name of person signing above Title SPPP Certification 2/99 ;sVSTORMWATER�P.OLLUT-ION `PREVENTION PLAN; `{ -DEVELOPMENT ANDYIMPLEMENTATIQN I�`rF�y��,�� �� r k3 ��h � � ��ca ^�' a^M�r �,�' �.a�+''"�rt't,a ,• � �. CERTIFICATION ._.b�.� f �a d4d 1C'.4:!. Nu?c �>1:i.[ •Y�1T3 tk�3b� f. N•. t �{ N.C. Division of Water Quality, Storinwaler and General Permits Unit Facility Name: SOUTHERN STATES COOP-LUMBERTO Permit Number: NCS000293 Location Address: OLD WHITEVILLE RD LUMBERTON, NC 28358 County: ROBESON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature s-r7 �i�>'Z� _ ..... _ Date Print or type name of person signing above Title SPPP Certification 2199 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 8, 2004 SOUTHERN STATES COOP-LUMBERTO ATTN: SAM KOON, OR SUCCESSOR PO BOX 1485 LUMBERTON, NC 28358 1�• NCDENR ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Southern States Coop-Lumberto Permit Number NCS000293 Robeson County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000293. This permit expires on July 31, 2005. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by February 4, 2005 in order for the permit to be renewed by July 31, 2005. Failure to request renewal by February 4, 2005 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage tinder a valid stormwater NPDES permit would constitute it violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Rill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files 4�tortn.water and,. General�PCrmits•'+U''"�" riiF les 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 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 July 14, 2000 Mr. Sam Koon Southern States Cooperative P.O. Box 1485 Lumberton, North Carolina 28358 4 R;WA • IK a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000293 Southern States Cooperative Robeson County Dear Mr. Koon: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000293, 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 Division has revised the analytical monitoring strategy for individual stormwatcr permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part 11 - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this 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 III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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 Page 2 i 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 Darren England at telephone number 919/733-5083 ext. 545. Since ORIGNASDWM! for Kerr T. Stevens cc. Mr. Roger O. Pfaff, EPA Fayetteville Regional Office St ormwater-and-Gen rral"Permits Unit` Central Files Permit No. NCS000293 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, Southern States Cooperative, Inc. is hereby authorized to discharge stormwater from a facility located at Southern States Cooperative, Inc. Old Whiteville Road Lumberton Robeson County to receiving waters designated as an unnamed tributary of Jacobs Swamp, a class C Sw stream, in the Lumber River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V and Vt hereof. 'Phis permit shall become effective August 1, 2000. This permit and the authorization to discharge shall expire at midnight on July 31, 2005. Signed this day July 14, 2000. ORIGINAL SIGNED BY WILLIAM C. MILLS for Kerr 1'. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000293 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability G. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions L Individual Permit Expiration 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Permit No. NCS000293 Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Plow Measurements 4. Test Procedures 5. Representative Outfall 6, Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITA`rIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000293 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 [ Page I of 2 Permit No. NCS000293 SECTION C= LOCATION MAP Part i Page 2 of 2 Permit No. NCS000293 PART It 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: I. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. for each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section S, 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 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 Part 11 Page I of 5 Permit No. NCS000293 locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping, Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. G. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. S. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Part II Page 2 of 5 Permit No. NCS000293 Stormwater discharge characteristic monitoring as required in Part li of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table I. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. AnaLytical Monitoring Requirements 'Ihsch�argeta z� -�� -� z.J . � Charactcrishcs ; ,�,.'� zt-r a �T" �> �'5,.t2�� �i 1.-r Units!,, hlEatiuremeiit x a� r`�,7�Santple t�`i[kFit,,,'_.a+d-i�'I'�s� � #' +Fre none ,�.; �� Sample �cr- �` .'� ai Ss�T e?�p'�# `, �,.� �..F� �+r,Location3;i BOD5 m I Quarterly- 41h year Grab SDO Chemical Oxygen Demand m I Quarterly- 0 year Grab SDO Nitrate + Nitrite Nitrogen mg/1 Quarterly- 0' year Grab SDO 1•I Standard Quarterly- Xb year Grab SDO Sulfate m l Quarterly- 4`h year Grab SDO Total Ammonia m l Quarterly- 41h year Grab SDO Total K'eldahl Nitrogen m I Quarterly- 4 h year Grab SDO Total Phosphorus m I Quarterly- 4 h year Grab SDO Total Suspended Solids mg/1 Quarterly- 4`h year Grab SDO Total Rainfal14 inches Quarterly- 4`h year _ Event Duration4 minutes Quarterly- 4`h year Total Flow4 MG Quarterly- 4`h year _ SDO Footnotes: 1 Measurement Frequency: Once per quarter during the 41h 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, it grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. Part II Page 3 of 5 Permit No. NCS000293 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either-, (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. `fable 2. Monitoring schedule odr.�.. $Sniiple lVumberf `t.+ 1 ' Startrc;r ' x :lr�..: �'� 1✓nd;fi,�z �Monttgiing per Year 4 - I" quarter l August 1, 2003 October 31, 2003 Year 4 - 2"" quarter 2 November 1, 2003 January 31, 2004 Year 4 - 3"' quarter 3 February 1, 2004 April 30, 2004 Year 4 - 01 quarter 4 May 1, 2004 July 31, 2004 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements 17ischarbc. Char. icterrsttcs ^� j,�,W4 �.�.l YS.I}'. ! L stir.._'a �- � F � �° u '.�_ �<��! . i..� L. �i+.4ka..�_ 3- ` Frequency �� i -�• i R..".1' i, � n mil•.:.:'' ttiry,.<'�. ` �Momt�irtng t` t"MI cahon �- 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: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part I I Page 4 of 5 Permit No. NCS000293 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Ail analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part 11, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance -4V'i,� fltScharge Character�stres F�f � {'IF r} Un�ts�, 5 'a' .8Suc' Maramentr 1�f,c "-. - x�ya.�,„wt'�� � SampleSampie �'.`'•+X�:� Z�-R; �' Tv ei M...W' -�,1 �ia1 Location3�r� 1i standard Quarterly- 4`h year Grab SDO Oil and Grease mg1l Quarterly- 4`h year Grab SDO Total Suspended Solids mg1l Quarterly- 4"' year Grab SDO New Motor Oil Usa egallons/month Quarterly- 41h year Estimate - Total Flow4 MG Quarterly- 4`h year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the 411' 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 sampie of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 'Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part I l Page 5 of 5 Permit No. NCS000293 PART III STANDARD CONDITIONS FOR NPDES STORMWATE:R INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122A1(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars ($t0,000) 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 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 11 penalty not to exceed $125,000. Part Ill Page I of 8 Pages Permit No. NCS000293 Dutv to Mititrate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6$, 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. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. R. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pages Permit No. NCS000293 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. SUCTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility liar the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000293 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and_Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 211 .0100; and North Carolina General Statute 143-215.1 et. al. After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The filing of a request for a individual permit modification, revocation and reissuance, or termination does not stay any individual permit condition. The permit shall expire when the individual permit is terminated. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Malt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part III Page 4 of 8 Pages Permit No. NCS000293 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 Representative Sam 1p i ig 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 lime 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 sliall 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; C. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. 'best Procedures ,1'est procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part I]] Page 5 of 8 Pages Permit No. NCS000293 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. G. 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. SECTION E: REPORTING REQUIREMENTS I. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Part I II Page 6 of 8 Pages Permit No. NCS000293 Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section A17ENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 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. Bvpzw s Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four [lour 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 Part I lI Page 7 of 8 Pages Permit No. NCS000293 anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCS000293 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2, Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDFS 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 Mana *ement Practices BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000293 5 . B ypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1.320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251,et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer Stern 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. NCS000293 IG. Permittee The owner or operator issued a permit pursuant to this individual permit. IT Point Source Discharge of Slormwater 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 Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary_Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event_ 22. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title ill of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title 1I1, 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 fable II (organic priority pollutants), Table Ill (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000293 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. Si nificant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year_Desij�n Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000293 32, Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34, Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 35. 25-year, 24_hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages 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 .1W v NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES September 8, 1999 SAM KOON SOUTHERN STATES COOPERATIVE- LUMBERTON PO BOX 1485 LUMBERTON, NC 28358 Subject: NPDES Stormwater Permit Renewal Southern States Cooperative- Lumberton Permit Number NCS000293 Robeson County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000293. This permit expires on March 31, 2000. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your 7=;t' �� " tip expiring. Enclosed you will find an individual permit renewal application form. supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by October 11, 1999 in order to constitute a timely renewal tiling. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by October 11, 1999 may 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. l 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 Darren England of the Stormwater and General Permits Unit at (919) 733-5083, ext. 545. Sincerely, 1/ yrt.E-� Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Fayetteville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper COPIES OF PERMIT ARE TO BE SENT TO THE FOLLOWING: V SIGNED ORIGINAL TO THF. APPLICANT SIGNED COPY TO CENTRAL FILES _Y Copy TO REGIONAL OFFICF; Copy To EPA CoPY •ro P & E FILE COPY TO COMPLIANCE (NO BP) COPY TO WAKE COUNTY COPY TO MECKLEN13URG COUNTY COPY TO ESB COPY TO TRAINING & CERT. (No BP) State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 8, 1995 Mr. Sam Koon Southern States P.O. Box 1485 Lumberton, NC 28358 Subject: Permit No. NCS000293 Southern States Robeson County Dear Mr. Koon: In accordance- with your application for a stormwater discharge permit received on September 22, 1994, 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 hearinggpon written request within thirty (30) days following receipt of this letter. This request must tie'. in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Steve Ulmer at telephone number 919/733-5083. Sincerely, A. Preston Howard, Jr, P. E. cc: Mr. Roosevelt Childress, 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/ 10% post -consumer paper Permit No. NCS000293 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Southern States Cooperative, Inc. is hereby authorized to discharge stormwater from a facility located at Old Whiteville Road Lumberton Robeson County to receiving waters designated as an unnamed tributary to Jacob Swamp ;'?"a class C Sw stream, in the Lumber River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, and IV hereof. This permit shall become effective April 1., 1995, This permit and the authorization to discharge shall expire at midnight on March 31, 2000. Signed this day March 3, 1995, A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000293 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 11: Standard Conditions for NPDES Stormwater Permits Part 11.1: Limitations Reopener Pars 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—�`" 7nc, / vM ke/ ri to Y� {I� • .• � r � • .. `. f• Cerra 71Ft' Ceso H„ & Park- ?-�� p, Trager `Park 7 [ 7rs3er P1�� , �� , ! I =- � Lam. " � • `� �.', • � _ Fbo,na 0 . ` • � �� J ` •.� �.�—� I ` ' YJat '. y . � n �� ter �• �� • f �QC �•- � uv \ _31-�. Waste Pds ? j� �� �� ` \ r \,✓ i t[estertoern 1 , ram/ �� e JL cJt a Pubic Boat 'ro Substa Aond - - - ~ __ ... '� ` _Oat, I� ✓.%1. "y,ff.-:��^� � � _ _ i � _ _ } ---�. �•. _ O Poncs ;Pan o Permit No. NCS000293 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHA RGLS SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATLR DISC:HA.RGES 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 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 E.B. of this pennit. The Plan shall include, at a minimum, the following, items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) ' A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be preserit 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 H, Standard Conditions, Section B.9. Paae 4 Permit No. NCS000293 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 tearn) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training.. Training schedules shall be developed and training provided at a .minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of -the facility's Pate 5 Permit No. NCS000293 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 Ammennent. 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 11, Standard Conditions, Section B, #9) to the Director that the changes have been made. 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. 2. Minimum Monitoring and 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. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 Permit No. NCS000293 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, all samples shall be collected from a discharge resulting from a representative storm event (See Part I.1, 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 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 -storm waterOiscti'arges 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. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Page 7 Permit No. NCS000293 g. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1 ) Analytical Monitoring Stormwater Discharge Characteristics Units Measurement Fre uenc I Sample T e2 Sample Location3 Chemical Oxygen Demand 111FA annually Grab SDO Total Suspended Solids m annualIX Grab SDO Ammonia, Total m annually Grab SDO Biochemical OxyEen Demand mo annually Grab SDO Phosphorus, Total rngA annually Grab SDO H s.u. annually Grab SDO Total K'eldahl Nitrogen mgA annually Grab SDO Nitrate + Nitrite Nitrogen mgA annually Grab SDO Sulfate mo annually Grab SDO Total Rainfal]4 inches Event Duration4 minutes Total FIow4 MG SDO Footnotes: I Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perform analytical sampling during the first and last year of the pen -nit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Page 8 Permit No. NCS000293 (2) Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain faciiity.operations that ensure the continuation of stormwater runoff quality. The permittee mial perform analytical sampling during the first and last year of the' -permit terns regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the pen -nit term must be submitted with the permit renewal application. t rmwater Discharge Charact ri tic Cut-gff Concentration Chemical Ox en Demand < 120 mg/1 Total Suspended Solids < 100 mg/1 Ammonia, Total < 14 m I Biochemical Oxygen Demand < 30 mg/1 Phosphorus, Total < 2 mg/1 H1 within range Total K cldahl Nitrogen < 20 m 1 Nitrate + Nitrite Nitrogen < 10 m = l Sulfate < 8 mg/1 Footnotes: 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. Pa--e 9 Permit No. NCS000293 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stonnwater 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 autfalls does not need to be performed during a representative storm event. Stormwater Discharge Characte,ri�tics Frec u nc l Monitoring T 2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Serrri-Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stonnwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term.taf tthe.permit must be performed during the initial analytical monitoring event. All 'siibsequent 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) Paae 10 Permit No. NCS000293 E Ti N B: SCHEDULE OF CQMPLIANCE The pennittee shall comply with Finial 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. Win' Page 11 Individual Stormwater Page Al PART II STANDARD CONDITIONS FOR NPDES STORNI"'ATER PERMITS PIX"VEOVEM040 it• = 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 Urltzd Sta`es. 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. CL'''.a'_,on of M=s Means shall be calculated according to the following definitions: Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 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 a_ri;hl-netic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) sha11 be considered to be one (1). 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. WMI• Liquid rave 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. 5. Calendar Day 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 7. DEM or Division The Division of Environmental Management, Department of Environment, Health and Natural Resources. VOl • The Director of the Division of Environmental Management, the permit issuing authority. 9. E C The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clear, W'atrr Act. A disposal facility or pan 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. 12. Larce or Medium Municinal Se$eparate Storm Sewer System AL municipal separate storm sewers that are either: 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. 13. QvCrhurden 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. .T911 4.7 The owner or operator issued a permit. 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 pollut, nts are or may be discharged to waters of the state. 16. Rep rese-ttaTive Siorm Eyent 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. 1 �: . � iT•R i�i ls. 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. STil containment for the contents of the single largest tank within the containment s:n ucture plus sufficient freeboard to allow for the 25-year, 24hour storm event_ A chemicaa or chemical category which: 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 That meet at least one of the follov�,ing 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 31 l(b)(2)(A) of the CV4'A at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quali ry criteria. faw-CoMMEMM 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 wasL products such as ashes, slag and sludge that have the potential to be released with stornwater discharges. Individual Stormwater Page A4 21. S,.onificant 9;ills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR l 10.10 and CFR 117M) orsection- I07 of CERCLA (Ref: 40 CFR 302.4). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. ��► sir • -. � �• s. :� � The discharge from any point source which is used for collecting and conveying stormw•ater 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 acti�it}' 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 W 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 transrmssion 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 reciaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard €hdustrial CIassification 5015 and 5093; Individual Stormwater Page AS g. Steam electric power generating facilities, including coal handling sites; 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 sys:--m, used in the storage 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 located 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 land area which are not pan 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 C) 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 facihi),; 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 lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormw•ater 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). 0 - 1 . 71 • oa 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,= the average, once in ten years. 25. Total IIQw The flow corresponding tc 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. 26. loxi� Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act" 27. jv;ec�S2r7rles 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 inten•als. 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. 1 - V 1 I-1 —1 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,-grarity,-c imfronrits siwof origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. NV.ETp :!o Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. 31. 25-yeasr. 2.1event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 The permittee must comply with all conditionrof 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 S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of 52,500 to 525,000 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 S5,000 to S50,000 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 5125,000. [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 (S 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 510,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class U violations are not to exceed S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed S125,000. 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 UMMU-+• .wi a.M-11 Except as provided in permit conditions on "Bypassing" (Part H, C.3.), nothing in this permit shall be construed to relieve the permium 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 permhur is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Storm, ►vater Page A9 4. 01 and Hazardous Substance Liahilin• Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminee 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. 5. f 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 Federa], State or local laws or regulations. 6. SP%-e-�*)-'i Z. 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. 7. Dun' to Provide Information The perminee shall furnish to the Director, within a reasonable time, any ir•Lo=. ation which the Director may request to determine whether cause exists for modi:`ving, revoking and reissuing, or terminating this permit or to determine cor;.pliance with this permit. The perminee shall also furnish to the Director upon request, copies of records required to be kept by this permit. 8. F.4pirk:ion Qf Per?rit 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 permitLee that has not requested renewal at least 180 days prior to expiration, or any permit= 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. 9. All applications, report, or information submitted to the Director shall be signed and certified. All applications shall be signed as follows: (I) 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 A 10 principal business function, or any other person who performs sirnilar 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 exceeding25 milhon-(in second quarter I980 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. 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." 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 taws, 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 11, Pei .it Actions 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. 6511 • •• Aft M• • 1'.4000 1 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. N p1 to Halt or Reduce It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit_ of Sto,,mwatzrCtrot Facilities Definitions (1) "Bypass" mea.Rs the known diversion of stormwater from any portion of a sto-, water 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 p) Anticipated bypass. If the permittee knows in advance of the need for a by-pass, 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 Stormw•ater Page Al2 (2) Unanticipated bypass. The permiriee 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 permitme for bypass, unless: 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 dgy 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. ;S a. Dernition "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, lacl; 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. C. Conditions Necessary for a Demonstration of Upset A perminee who wishes to establish the affirmative 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 perminee 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 perrruL d. Burden of Proof In any enforcement proceeding the permirme seeking to establish the occurrence of an upset has the burden of proof. ter• . • r •: . ; •;. ^rec�nta�?��e �amn]i 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 approva.1 of the Director. Re ,:» ." Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management \Water Quality Section ATTENTIOti: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow 2\5c25'=remenis 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. also"WANT-1—M.—M Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels 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 Storrnwater 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. • MT*TTM,- 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 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. Recordirg, Results 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: 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 AIS a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b . Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this pen -nit; and d . Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as othemise authorized by the Clean Water Act, any substances or parameters at any location. Planned changcs The pemnittee 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: 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 Clot Pan 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 Pan 122.42 (a) (I). 2. ' ctipawL Noncom;ha_nccc The per —mince 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 n f r 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 maybe necessary under the Clean Water Act. 4. Mo. 'tori_ng Repons Monitoring results shall be reported at the intervals specified elsewhere in this permit. 5. Twen . - ,Qur Hour Re— a. The permirtee 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 Individual Stormwater Page A 15 of the circumstances. A written submission shall also be provided within 5 days of the time the perminee 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 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: (1) 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 mwcimum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. 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 5. 0:her Non=;hLnc The permince shall report all instances of noncompliance not reported under Pan E. E. 4. a-rtd 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Pan IL E. 5. of this permit. 7 ,h6 n_ Where the petminee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any repon to the Director, it sh ,il promptly submit such facts or information. S. Avail : �t,jj}' of Rer,o,r'Ls 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 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 S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Individual Stormwater Page A]7 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 Clears 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 IN' ADMINISTERING AND CONIPLLANCE MONITORING FEE REQUIREMENTS The permittee must pa) the administering and compliance monitoring fee within 30 (thin)) days after being billed by the Division. Failure to pay the fee in timely manner in acco: da✓: e w•i•' 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.