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HomeMy WebLinkAboutNCS000359_COMPLETE FILE - HISTORICAL_20180611NORTH CAROLINA Department of Environmental Qual STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. llv'C3(o Od 35 DOC TYPE ❑ COMPLETE FILE - HISTORICAL DATE OF RESCISSION ❑ YYYYMMDD Ventaloro, Julie From: Ventaloro, Julie Sent: Monday, June 11, 2018 11:06 AM To: Reed, Isaiah L Subject: RE: question about a facility in McDowell Co Thanks, Isaiah! That's very helpful information. I think it would be appropriate to rescind the permit. Please go ahead and let Ms. Boggs know to request the rescission. From: Reed, Isaiah L Sent: Friday, June 08, 2018 9:12 AM To: Ventaloro, Julie <julie.ventaloro@ncdenr.gov> Cc: Aiken, Stan E <stan.aiken@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov> Subject: RE: question about a facility in McDowell Co Julie, I stopped by the Auria plant (previously IAC) in Old Fort. I did a full site inspection, and had a look at their records. They submitted a change of ownership on January 16, 2018 to reflect the change to "Auria". However, their records show that they have been covered under NCG170297 since 1995 (Orig Issued- BIMS)- and are currently under the same. BIMS also shows the individual (orig issued) in 1997. After looking at the coordinates for the NCS site, my opinion is that the NCS permit may be for their old landfill site. An inspection report from 2011 (Chuck Cranford) suggests that rescission was recommended. So they may have just stopped renewing rather than rescinding. The contact there (Stephanie Boggs EHS Coordinator, 828-668-3269) was unaware of the NCS Permit. If you can confirm this, I will let her know that she needs to file a rescission request for NCS000359. Hope this helps, Isaiah Isaiah L. Reed, BSc, MS4CECI, CEPSCI Environmental Specialist Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Land Quality Section, Asheville Regional Office Phone: (828) 296 4614 Email: Isaiah.reed(a)NCDEN R.gov 2090 US Hwy 70 Swannanoa, North Carolina 28778 r. —.'"'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ventaloro, Julie Sent: Thursday, May 10, 2018 1:03 PM To: Reed, Isaiah L <isaiah.reed(ancdenr.eov> Subject: RE: question about a facility in McDowell Co Sounds good! Here's their expired permit for when you're ready to tackle this one! Thanks, Julie From: Reed, Isaiah L Sent: Thursday, May 10, 2018 12:36 PM To: Ventaloro, Julie <iulie.ventaloro( ncdenr.gov> Subject: Re: question about a facility in McDowell Co Julie, As soon as the new hires are trained here at the ARO, I will be doing the industrial SW for the whole region, and I will make this facility one of my first stops. Right now, my counties are limited to Burke, Caldwell, Rutherford, Polk, and Transylvania. But in the next month or so, I will have the whole region. Please do not hesitate to contact me for any and all questions concerning the permits in this region. I am looking forward to getting all of these sites in compliance, and reminding them that we will now be doing compliance inspections on a regular basis. In the mean time, a copy of their permit would be good to have on hand. Get Outlook for COS From: Ventaloro, Julie Sent: Thursday, May 10, 2018 12:21:40 PM To: Reed, Isaiah L Subject: question about a facility in McDowell Co Hi Isaiah, Are you familiar with the old IAC plant in Old Fort? I've been trying to get in touch with the previous owner to let them know their permit NCS0O0359 is expired and they need to renew. My letters have been returned, so I did some sleuthing and discovered that they've been taken over by another company Auria. If you find yourself in that area, can you pay a visit to the facility and let them know they need an NPDES stormwater permit? For now, I'll hold off on rescinding the old permit, just in case the new owner wants to transfer it rather than apply for a new one. Let me know if you need a copy of the previous owner's expired permit. http://www.mcdowellnews.com/news/iac-plant-in-old-fort-is-now-named-auria/article 22fad29a-9ca9-11e7-869b- 8bd 17701f10e. htm I Thanks!! Julie Ventaloro Stormwater Permitting Program NC Division of Energy, Mineral, and Land Resources 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone: (919) 807-6370 Fax: (919) 807-6494 Website: http://watersupplywatershed.nc.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Ventaloro, Julie From: Reed, Isaiah L Sent: Thursday, May 10, 2018 12:36 PM To: Ventaloro, Julie Subject: Re: question about a facility in McDowell Co Julie, As soon as the new hires are trained here at the ARO, I will be doing the industrial SW for the whole region, and I will make this facility one of my first stops. Right now, my counties are limited to Burke, Caldwell, Rutherford, Polk, and Transylvania. But in the next month or so, I will have the whole region. Please do not hesitate to contact me for any and all questions concerning the permits in this region. I am looking forward to getting all of these sites in compliance, and reminding them that we will now be doing compliance inspections on a regular basis. In the mean time, a copy of their permit would be good to have on hand. Get Outlook for iOS From: Ventaloro, Julie Sent: Thursday, May 10, 2018 12:21:40 PM To: Reed, Isaiah L Subject: question about a facility in McDowell Co Hi Isaiah, Are you familiar with the old IAC plant in Old Fort? I've been trying to get in touch with the previous owner to let them know their permit NCS000359 is expired and they need to renew. My letters have been returned, so I did some sleuthing and discovered that they've been taken over by another company Auria. If you find yourself in that area, can you pay a visit to the facility and let them know they need an NPDES stormwater permit? For now, I'll hold off on rescinding the old permit, just in case the new owner wants to transfer it rather than apply for a new one. Let me know if you need a copy of the previous owner's expired permit. http://www.mcdowellnews.com/news/iac-plant-in-old-fort-is-now-named-auria/article 22fad29a-9ca9-11e7-869b- 8bd 17701f10e. htm I Thanks!! Julie Ventaloro Stormwater Permitting Program NC Division of Energy, Mineral, and Land Resources 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone: (919) 807-6370 Fax: (919) 807-6494 Website: http://watersupplywatershed.nc.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Energy, Mineral & Land Resources ENVIRONMENTAL OUALITY February 15,2018 Mr. Gary Geisel IAC Group North America 5300 Auto Club Dr Dearborn, MC 48126 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director R "'FIVED FES 19 2018 CEP" i,�;,L FILES CVVR SECTION Subject: NPDES Stormwater Permit Renewal IAC Old Fort, LLC NPDES Individual Permit No. NCS000359 McDowell County Dear Mr. Geisel: Your facility was covered for stormwater discharge under NPDES Individual Permit NCS000359; however, this permit expired on March 31, 2014. To assure consideration for continuing coverage under your permit, you must apply to the Division of Energy, Mineral and Land Resources (DEMLR) for renewal of your permit. Enclosed you will find a permit Renewal Application Form, Supplemental Information request, and a Stormwater Pollution Prevention Plan Certification for your facility. You can also find this information on our website: httns:Hdeq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial- stormwater. Submitting the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. Please submit the application and supplemental information to DEMLR by March 31, 2018. Discharge of stormwater without coverage under a valid stormwater NPDES permit constitutes a violation of N.C. General Statute 143-215.1 and may result in the assessment of civil penalties up to $25,000 per day. State o(North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 If you have any questions concerning this permit renewal, please contact Julie Ventaloro at telephone number (919) 807-6370 or by email julie.ventaloro@ncdenr.gov. Annette Lucas, Supervisor Stormwater Permitting Program cc: Central Files Stormwater Permitting Program Files State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N..Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 9197079200 Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY February 15, 2018 Mr. Gary Geisel IAC Group North America 5300 Auto Club Dr Dearborn, MC 48126 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: NPDES Stormwater Permit Renewal IAC Old Fort, LLC NPDES Individual Permit No. NCS000359 McDowell County Dear Mr. Geisel: Your facility was covered for stormwater discharge under NPDES Individual Permit NCS000359; however, this permit expired on March 31, 2014. To assure consideration for continuing coverage under your permit, you must apply to the Division of Energy, Mineral and Land Resources (DEMLR) for renewal of your permit. Enclosed you will find a permit Renewal Application Form, Supplemental Information request, and a Stormwater Pollution Prevention Plan Certification for your facility. You can also find this information on our website: bttps:Hdeq.nc.vov/about/divisions/energy-mineral-land-resources/nI)des-industrial- stormwater. Submitting the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. Please submit the application and supplemental information to DEMLR by March 31, 2018. Discharge of stormwater without coverage under a valid stormwater NPDES permit constitutes a violation of N.C. General Statute 143-215.1 and may result in the assessment of civil penalties up to $25,000 per day. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 If you have any questions concerning this permit renewal, please contact Julie Ventaloro at telephone number (919) 807-6370 or by email julie.ventaloro@ncdenr.gov. Sincerely, c4mae'qtO4� Annette Lucas, Supervisor Stormwater Permitting Program cc: Central Files Stormwater Permitting Program Files State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 9197079200 r NC®ENR Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Vear Month Day NGsdo �3ss9�t CA I. please enter the pennit number for which the change is requested. �7J/1201Qj NPDES permit (or) Certificate of Coverage 11. Permit status priur to requested rmchange. FC f �0 a — a. Permit issued to (company name):. C, (� (� b. Person legally responsible for permit: Iqa ke S KC V CLJ RECEIVED First MI Las[ �Ir�nt- Mrrnaue.r JAN 2 9 2010 � Tide PO RexWi VIM Ease' Mpin S-yee-' bENR=LAN[) QUALITY Permit Bolder Mailing Address tfbRMCNIAn-- R PERMITTING W kY t N L a� r( (p City State Zip 3ab3 ctc3y) 0(09.39W c. Fecilityname(dischargc): Phone 1 P(- dr-I Fax R)y+ I LLC✓ d. Facility address: ly'j�lp F(AS± WiWd 5 ee Uri Foci' Address Ncl c. Facility contact person: '/ City Kenm Gre State Zip e n C' (SA �)O -SW'� 19 First / MI / Last Phone Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ C ange in ownership of the facility me change of the facility or owner If other please explain: b. Permit issued to (company name): A u e i ry ni ri ibr f- TL . U c. Person legally responsible for permit: \� Q }� V j on u S First MI 1, Plana- mancocr- Tine Fb pox U(n(,l 150(o [a Si Ma I n Are P,rroit Holder Mailing Address City state zip KenAd AVeeneC0jaurIasolut'I0AS.(M Phone 1> na Address d. Facility name(discharge): AgyttL niri Fbr ttl "C e. Facility address: M(A I r) ee— Address 016 F-pri N(_ s7ba city rate Zip f. Facility contact person: VlYlll ( C�reen� First I MI Last (99,9 ) LLX-32k-3 �ji' carcmz�Gurtus;f4flms.rtrn Phone I tn. it Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Kenny) 9 Green & First I MI Last ilurnun AesaLrces Man(tac,r 'rue PC Pax L0 15Lb Rj! NA l n -"Are'- Mailing Address 0►ri Fora' N& QSb ) City State Zip j')Onrzepe c: �Urj(12ju--hcnm s.Ce Phone 14u.aI Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior toownership or name change? tYYes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL 13E RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: [(� This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required I'or an ownership change request. Articles of incorporation are not sufficient for an ownership change. ...................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change rcquesl, the signed Applicant's Certification is sufficient. PE 'rTF,F, CFRTIFICATION (permit holder prior to ownership change): attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as i complete. /�,/16/�,y Signature Date API LICANT CERTIFICATION I, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned s incoln I te. ev Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKACE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 NORTH CAROL.INA Department of the Secretary of State AMENDED CERTIFICATE OF AUTHORITY I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that AURIA OLD FORT II, LLC is hereby issued an Amended Certificate of Authority evidencing its name change from IAC OLD FORT II, LLC. A copy of the application for an amended certificate of authority conforming to the requirements of the general statutes of North Carolina is attached. Scan to verify online. Document Id: C201800800513 Verify this certificate online at http:/Avww.sosne.gov/verification IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 8th day of January, 2018. Secretary of State SOSID: 1006917 Date Filed: 1/8/2018 2:48:00 PM Elaine F. Marshall North Carolina Secretary of State C2018 008 00513 State of North Carolina Department of Uie Secretary of State APPLICATION FOR AMENDED CERTIFICATE OF AUTHORITY FORLIMITED LIABILITY COMPANY Pursuant to §57D-7.04 of the General Statutes ofNorth Carolina, the undersigned limited liability company hereby applies fbr an Amended Certffloate of Authority to transact business in the State ofNora Carolina, and for that purpose submin the Ibllowing statement. 1. Name of Limited Liability Company a. The name of the limited IIab01ty company axacdy as It appears on the Certificate of Authority currently on file with the North Carolina Department oftho Seorotary of State: IAC Old Fort II, LLC b. The flodtious name, if any, of the limited liability company currently on file with the NC Department of the Secretary of State is: 2. The mate or country of lbrmadon is: E 3. The date the limited liability company was authorized to transact business In the State of North Carolina is: 10-15-2007 The changes being made are as follows: (See Insh•uctlons for the speck uses of this document) Auria Old Fort II, LLC 5, Attached is a card icate of existence (or document of similar Import), duly authenticated by the Secretary of State or other official having custody of limited liability company recordm in the state or country of formation. The certificate of existence must be leas than six months old. A photocopy of the certification cannot be accepted. 6. This application will be eifectiva upon filing, unless a date and/or time is specified: This the 3rd day of January 20 18 Auria LC Nay m d Lta ility mpany p / Signature l Piurl Poor. 1110s,44a d 6170 Type or Print Name and Title Notes: 1. Piling fee Is $50. This apptleallen must be flied with the Secretary of Slats BUSINESS REOWTItATION DIVISION P. 0• BOX 29622 RAUROK NC 27626.0622 (a av1sedAdy 2017) (Forva GlO) Delaware Page The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "AURIA OLD FORT II, LLC" ZS DULY FORMED UNDER THE LAWS OF TRW STATE OF DELAWARW AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FIFTH DAY OF JANUARY, A.D. 2018. AND I DO HEREBY FORTNER CERTIFY THAT THE SAID "ADRZA OLD FORT ZZ, LLC" WAS FORMED ON THE EIGHTEENTH DAY OF JULY, A.D. 2007. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 4391397 8300 ° SRp 20180075000 You may verlly this certlficste online at corp.Eelaware.gov/authver.shtml Authentication:201921179 Date: 01-05-18 AbIll '0zk ..jF::ZLAh�-. North Carolina Department of Environmental Quality 09-22-17 am writing to inform the NC DEQ of a change in ownership of the property (Manufacturing Facility) located at 1506 East Main Street Old Fort NC 28762. Mailing address: Auria Manufacturing Old Fort P.O. Box: 669 Old Fort, NC 28762 Prior to 09-15-17 the property was owned and operated by International Automotive Components; as of 12:01 am on 09-15-17 the property is owned and operated by Auria Solutions USA Inc, and assumed all regulatory and legal responsibilities. The legal name of the property at 1506 East Main St Old Fort NC is Auria Old Fort LLC. Please contact me if you have questions or need any additional information. Sincerely - Sean P. Reedy Regional EH&S Manager f Auria Mobile: 419-656-9919 Sean. Reedv cDauriasolutions.com www.auriasolutions.com Aurla Solutions Phone +1 (7e4) 456.2800 47765 West Anchor Courl Fax *1(734)456-2620 Plymouth, MI 40170 '' - ' - � "• auriasolutions.conn �r !NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director ., March 13, 2009 Mr. Jack Davis IAC Old Fort, LLC PO Drawer 669 Old Fort, North Carolina 28762 Natural Resources Subject: Final NPDES Stormwater Permit Permit No. NCS000359 IAC Old Fort, LLC McDowell County Dear Mr. Davis: Dee Freeman Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000359, 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 January 13, 2009 The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 'Penalties for Tampering " and Item 10 'Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, 13.2. 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. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919.807-6494 \ Customer Service: 1-877-623.6748 Internet: www.ncwaterquallty.org En Fnupl flmm�nniN\ drllrmalivn 4rllnn FmNnv>r None rthCarolina Naturally Mr. Jack Davis IAC Old Fort, LLC Permit No. NCS000359 If you have any questions or comments concerning this permit, contact Cory Larsen at (919) 807-6365 or coi-y.larsen@ncmail.net. Sincerely, ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins, Director cc: Asheville Regional Office, Water Quality Section Stormwater Permitting Unit Central Files Attachments NCS000359 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, 1AC Group North America is hereby authorized to discharge stonnwater from a facility located at IAC Old Fort, LLC SR 240, Parker Padgett Rd Old Fort, NC McDowell -County to receiving waters designated as Brevark Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 11I, IV, V and VI hereof. This permit shall become effective [April 1, 2009]. This permit and the authorization to discharge shall expire at midnight on [March 31, 2014]. Signed this day [March 13, 2009]. OR/GKENN,gpCGNE,BY for Coleen Ff. Sullins Director Division of Water Quality By the. Authority of the Environmental Management Commission Permit No. NCS000359 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to -Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 8 Permit No. NCS000359 h 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements l . 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 it Pennit No. NCS000359 PART I INTRODUCTION y ..4 SECTION A: INDIVIDUAL PERMIT COVERAGE ~ During the period beginning on the effective date of the permit and lasting until expiration, the pennittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stonmwater 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 pennittee 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 pen -nit, authorization, or approval. The stortmvater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards: This permit does not relieve the pennittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 RF.CI'ION C: LOCATION MAP Part I Page 2 of 2 Permit No. NCS000359 Permit No. NCS000359 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/tmdUGencral 303d. htm#Downloads North.Carolina TMDL docutnents can be found here: http://h2o.enr.state.ncus/tmd]/TMDL listhtm#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 stornwater 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 trust 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 Pennit No. NCS000359 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stonnwater 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 stonnwater outfalls have been evaluated for the presence of non-stonnwater discharges. 2. Stonnwater 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 stonnwater. 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 contain 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 stonnwater 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 stonnwater. 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 11 Page 2 of 10 Permit No. NCS000359 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 stonnwater 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) maybe 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 stonnwater 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 ofstormwater 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 areasand regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any ofthe 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 Stonnwater 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 penmittee 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 Stonnwater 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 If Page 3 of 10 Permit No. NCS000359 t.; effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the penmittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the, second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 B and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request.. Part 11 Page 4 of 10 Permit No. NCS000359 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stornwater 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 tern of the permit at each storniwater 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 i A aractertstics;kd nunms c y t'*STamypDtsc 6 TementF� Sample; Total Suspended Solids mg/L Quarterly year 1; Semi-annuallyears 2-5 Grab SDO Nitrate + Nitrite tng/L Quarterly year 1; Semi-annuall ears 2-5 Grab SDO Chemical Oxygen Demand mg/L Quarterly year I - Semi-annuallycars 2-5 Grab SDO Aluminum, Total mg/L Quarterly year 1; Semi-annuallyears 2-5 Grab SDO Iron mg/L Quarterly year 1; Semi-annually ears 2-5 Grab SDO Zinc, Total mg/L Quarterly year 1; Semi-annually ears 2-5 Grab SDO Copper, Total mg/L Quarterly year I - Semi-annually ears 2-5 Grab SDO Chromium, Total mg/L .Quarterly year 1; Semi-annually ears 2-5 Grab SDO Lead, Total mg/L Quarterly year. 1; Semi-annually ears 2-5 Grab SDO Selenium mg/L Quarterly year 1; Semi-annually ears 2-5 Grab SDO Phenol mg/L Quarterly year 1; Semi-annually ears 2-5 Grab SDO pH standard Quarterly year 1; Semi-annually ears 2-5 Grab SDO Total Rainfal14 inches Quarterly year t- Semi-annually ears 2-5 Gain Gauge Footnotes: 1 Measurement Frequency: Quarterly for year 1 during a representative storm event, and then semi-annually for each year afterward 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 Part 11 Page 5 of 10 Permit No. NCS000359 applicant must continue semi -animal 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 stonnwater runoff is controlled by a storniwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stonnwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative stonn event the total precipitation most be recorded. M on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period t and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2 monitor m t T, ', ;5 neuure -Monttoringpenod x�Sample,Nunilie,r,n 1 Apnl 1, 2009 June 30, 2009 Year 1 — Quarter 1. 2 July 1, 2009 September 30, 2009 Year 1 — Quarter 2 3 October I 2009 December 31, 2009 Year 1 — Quarter 3 4 , January 1, 2010 March 31, 2010 Year I —Quarter 4 5 April ], 2010 September 30, 2010 Year 2 —Pcriod 1 6 October l 2010 March 31, 201 1 Year 2 —Period 2 7 , April 1, 2011 September 3 ), 2011 Year 3 — Period 1 8 October 1, 2011 March 31, 2012 Year 3 — Period 2 9 April 1, 2012 September 30, 2012 Year 4 — Period 1 10. October 1, 2012 March 31, 2013 Year 4 — Period 2 I 1 April 1, 2013 September 30, 2013 Year 5 — Period 1 12 October 1, 2013 March 31, 2014 Year 5 — Period 2 Footnotes: - I Maintain semi-annual monitoring during permit renewal process. the applicant must continue semi-annual monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the pennittee must submit a monitoring report indicating "No Plow" 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 Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Part 11 Page 6 of 10 Permit No. NCS000359 Table 3. Benchmark Values for Total Suspended Solids mg/L 100 Nitrate + Nitrite mg/L 10 Chemical Oxygen Demand mg/L 120 Aluminum, Total mg/L 0.75 Iron mg/L 1.0 Zinc, Total mg/L 0.067 Copper, Total mg/L 0.007 Chromium, Total mg/L 1.0 Lead, Total mg/L 0.03 Selenium mg/L 0.056 Phenol mg/L 4.5 PH standard 6 - 9 If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The pennittee 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 Stonnwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. PartIt Page 7 of 10 Permit No. NCS000359 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: I. 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. 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: i o require that the penmittee 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'stornwater control measures; or require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 8 of 10 Permit No. NCS000359 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stornwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittce still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the pennittee 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 1; Semi-annuall ears 2-5 SDOOdor ._u. r.�ColorQuarteEnn uarte; Semi-annually years2-5 SDOClarity Quarte; Semi-annuall years 2-5 SDOFloatin Solids uarte; Semi-annually ears 2-5 SDOSus ended Solids uarte;Semi-annuall ears 2-5 SDOFoam uarte � Semi-annuall ears 2-5Q SDOOil Sheen Quarter; Semi-antmally cars 2-5 SDOErosion or de osition at the outfall Other obvious indicators uarter; Semi-annuall ears 2-5 SDO of stormwater pollution Quarterly year 1; Semi-annually years 2-5 SDO Footnotes: - 1 Measurement Frequency: 9 y: Quarterly for year 1 during a representative storm even[, and then semi-annually for each year afterward until this permit is revoked or rescinded. If at the end of this permitting cycle the pennittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permtnce 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. - 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 stornwater runoff from vehicle maintenance Part 11 Page 9 of 10 Permit No. NCS000359 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL, PERMITS SECTION A: COMPLIANCE AND LIABILITY Comoliance 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 Sloriwaler 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 Stonmwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges, from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a penuit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any Permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a pennit condition may be assessed an administrative penalty not to exceed $ I0,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CPR 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]. d. Any person may be assessed an administrative penalty by the Director for. violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Partlif Page I of8 Permit No. NCS000359 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. for On -Site Vehicle Maintenance standard semi-annual Grab SDO H semi-annual Grab SDO Oil and Grease in Total Sus ended Solids mg/l semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain auge New Motor Oil Usage gallons/month semi-annual Estimate Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permitis 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 stonnwater discharge outfall (SDO) that discharges stonnwater runoff from area(s) where vehicle maintenance activities occur. . 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. - - Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedenccs of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Monitoring Part 11 Page 10 of 10 Permit No. NCS000359 $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. Duty to Mitigate The pennittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment.. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwatcr control facilities, nothing in this individual permit shall be construed to relieve the permittec 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 pennittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. I 5. Oil and Ilazardous Substance Liability. . nstrued to preclude the institution of any legal action or relieve Nothing in this individual permit shall be co the pennittee 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. Dutv to Provide Information The pennittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with.this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part IIf Page 2 of 8 Penult No. NCS000359 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by it per violation, or by both. prisothmen[ for not more than two years SECTION B: GENERAL CONDITIONS Individual Permit Expiration The pennittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the pennittee 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 pennittee 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 el. 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 suchotherrequirements as maybe 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 Requirement All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his 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 the case of a partnership or limited partnership: by a general partner; (3) In the ease of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. . b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person, A person is a duly authorized representative only if.. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000359 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) ' The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisomnent for knowing violations." 4. Individual Permit Modification Revocation and Rcissuancc or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planted 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 halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities take enforcement action against a permittee for bypass unless: Bypass is prohibited and the Director may a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000359 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 periods of equipment downtime or preventive maintenance; and during normal 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 Samplin 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 dischargejoins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittce 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. NCS000359 The pennittee shall record time 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 D requirement to do so. ivision, except upon DWQ's specific 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address; Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for;in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-StommwaterDischarg_ If the storm event monitored in accordance with this individual permit coincides with a non-stornmwater discharge, the permittee shall separately monitor all parameters as required under the non-stonnwater discharge permit and provide this information with the stonnwaler discharge monitoring report. Planned Changes 'file 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 pennittee 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 HourReporting The pennittee 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. NCS000359 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwa[er discharges are substantially identical and the pennittee 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 ' 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 stone sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; re Enter upon the permit[ee's premises where a regulated facility or activity is located or conducted, a. er the conditions of this individual permit; or where records must be kept und b. Have access to and copy, atreasonable times, any records that must be kept under the conditions of this individual permit, C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E; REPORTING REQUIREMENTS Discharge Monitoring. Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (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 T15A 02B .0506. Part III Page 6 of 8 permit No. NCS000359 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. a case -by -case basis if the oral report has been received The Director may waive the written report on within 24 hours. 9. Other Noncompliance The pennittee 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 NCS000359 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. 1 PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with.15A NCAC 21-1 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of f values is the summation of the individual values divided by the number of individual values. +` 3. Allowable Non-Stormwater Discharges This permit regulates stornwater discharges. Non-stornwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stornwater 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 Permit No. NCS000359 5. Bypass A bypass is the known diversion of stormwater from any portion of a stonnwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storai,e of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. g. 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 'rhe North Carolina Environmental Management Commission. it. 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 in 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. NCS000359 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stonnwater Permitting requirements only if a facility complies with the terns 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 Slormwater Any discernible, confined and discrete conveyance including, but not specifically limited to,any pipe, ditch, channel, tunnel, conduit, well, or discretefissure 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 oulfalls, 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 CPR 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 meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000359 (1) Is listed in Appendix D of 40 CPR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CW A at 40 CPR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage y, damage to the control facilities which causes them to Means substantial physical damage to propert ent loss of natural resources which can reasonably be become inoperable, or substantial and permanSevere property damage does not mean economic loss caused expected to occur in the absence of a bypass. 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 I01(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 stonnwater 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 CPR 110.10 and CPR 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. Stonnwater Associated with Industrial Activit fhe 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, stonnwater 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 Permit No. NCS000359 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant.lhata waterbody can receive and still meet water quality standards, and an allocation of that amount to the Pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant - Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. - 34. upset Means an exceptional incident in which there is unintentional and.temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the pernrlttee. An upset does not include noncompliance to the extent caused by operational error, designed treatment or control facilities, inadequate treatment or control facilities, improperly of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Activity . Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. - 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water,.air,. gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part Vi Page 5 of 5 Pages Re: IAC Old Fort LP photos-Stm Water Permit mailbox:///Cl/Documents%20and'Zt20Settings/Cory_Larsen/Applicat... Subject: Re: NC Old Fort LP photos-Stm Water Permit From: Cory Larsen <Cory.larscnQa ncmail.net> IJutc:'I'no, 10 Itcb 2009 12:32:11 .0500 'ru: "Wagner, John" <JWugnctOl Qa iacne.com> CC: Kevin 13amctl <Kcvin.l3arnclt@ncmail.net> John 'Thank you for the photos. AOcr reviewing the file father and discussing the site with other DWQ personnel, it was agreed that an individual stonnwster permit will continue to be the best wiry to permit the landfill. Due to the type of waste being landlilled it the site, a general stormw'ater permit that we use for other landfills, NCGI2, is not appropriate in this case. Regarding the oulllls, the Asheville Regional Office (ARO) inspected the site around 12/19/2008 and did not concur that all flow leaving the site was sheet flow. Thus, sampling will still be required at one or both outfalls. ll'Representative OutCdl Status is desired, the Conn can be found here and should be sent to the AKO. Once the permit is in place and sufficient data collection has oa:um:d, DWQ may consider ievising permit conditions to reduce sampling frequency and/or analytical parameters. II'you have any other concerns, please let me know. Cory Larsen Environmental Engineer NCOENR I CwQ I stormwater Permitting Unit 1617 Mail Service Center. Raleigh. NC 27699-1617 512 N. Salisbury St. Raleigh, NC 27604 Phone: (919) 807-6365 Fax: (919) 807-6494 E-mail correspondence to and from this address may D subject to the North Carolina Public Records Law and may he disclosed to third parties. Wagner, John wrote: Cory, Here are some photos. In one I am pointing towards old culls that looks like a finest, it is. Another taken from our access road looks like R Purest with large trees but also is a i old cell. The current cell is the one with the clay cover. Note that there really is no "outfall" points, rather, I'd describe it as "sheet flow". I and getting it copy of our longer permit for the LF from our plant. II loo, is a Geneml Permit. When 1 get that I will forward that also. Your help is mninmining a General I'cnnil would be appreciated. '• LEGAL DISCLAIMER ^ ...................... 'Phis E-mail message and any attachments may contain legally privileged, confidential or proprietary information. If you are not the intended r cipientlsl, r the employee or agent responsible for delivery of this m doge to the intended r cipientlsl, you are hereby notified that any dissemination, distribution or copying of this E-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this E-mail message from your Computer. I of 7 3/9/2009 11:55 AM �OF W A rFq Beverly Eaves Perdue, Governor Q G Dee Freeman, Secretary y North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director O Y Division of Water Quality DATE: January 14, 2009 TO: Asheville Citizen -Times NUMBER: scsmith@gannett.com 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, January 20, 2009. 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 IAC Group North America, 5300 Auto Club Drive, Dearborne, MI 48126 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at IAC Old Fort, LLC, Parker Padgett Road, Old Fort, NC, McDowell County. The facility discharges to waters designated as Brevard Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000359, are available by contacting: Cory Larsen NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6365 cory.larsen@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 February 20, 2009. 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 NCS000359. N. C. Division of Water Quality 1517 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 01/15/2009 12:52 2588019 t PUBLIC N TI , E F E OF NORTHCA' ROLINA N CEONTMIS�IO GEMENT MAIL SERVI C E CENTER , NORTH CA f OL NA 27699-1617 IAC Group North America, 530� Auto Club Drive, Dearborne, MI 48126 has abpli' for an NPDES Stormwater Permit to dischar a stormwater as- sociated with industrial activit s ai a facility lo- cated at IAC Old Fort, LLC,�Parker Padgett Road, Old Fort, NC, McDowell County, The fa- CiNty discharges to waters designated as Bre- vard Creek, within the Catawba River Basin, Copies of the draft permit, No. NCS000359, are. available by contacting: - Cory Larsen NC Division of Water Qualit 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-80 6365 cory.ldrsen@ncmail.net Persons wishing to comme it uppon or object to the proposed determination re ' vited to submit their comments in writing t) th� above address no later than February 20, 009�,1 All comments received prior to that date Vill a considered in the final determination regard g permit Issu- ance. All comments and re41ue555ts should refer- ence draft permit number NCS00)359, (5403) January 16, 2009 ASEILVII I , CTIZEN T N4ES VOICE OhTHE NIOUNIA1\TS • CHIZEWFINIFSx(mi AFFIDAVIT OF PUBLICATION`O BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and PUBLIC NOTICE State, duly commissioned, qualified and authorized by law STATE OF NORTH CAROL INA ( ENVIRONMENTAL MANAGEMENT to administer oaths, personally appeared Elyse Giannetti, 1617MAI NOLOSERVICE CENTER i RALEIGN, NORTN CAROLINA I7699-1617 OLI A 2 who, being first duly sworn, deposes and says: that she is IAC Group No h Americo, the Legal Billing Clerk of The Asheville Citizen -Times, club Drive; S orrmwater Perl Ant mit 6to escnarye sor an e D ,5 engaged in publication of a newspaper known as The cated a with industrial t, LLC at a raairrvem: toted at IAC Old Fort, LLC, Parker Padgett McDowell' RI ry Asheville Citizen -Times, published, issued, and entered as dis ha�ges Noy waters esi ootetl ash to ted 1 8re vard Creek, within the Catawbaes designated first class mail in the City of Asheville, in said County and Copies Of the draft permit, No. NCS000359, ar l State; that she is authorized to make this affidavit and available by contacting: swom statement; that the notice or other legal ' Cory Larsen INC Division of Water Quality 1617 Mail Service Center advertisement, a true copy -of which is attached.. hereto, was Raleigh, NC 27699.1617 Telephone Number: (9)9)-807-6365 published in The Asheville Citizen -Times on the Cury.lorsen®ncmail.net following date: January 16`h 2009. And that the said thPersons op Proposed Idetermito nati nnareuinvited fo submit their comments in writing to the , newspaper' in which said notice, paper, document or legal above address received er Prior February o hat Eater will clonslde ednin advertisement was published was, at the time of each and ,the final determination regarding permit ,Issu ' once. All comments should refer every publication, a newspaper meeting all of the encedr°ftpermit numbrNC000759. eS0003 9 '°"0orY16 2009 (5603) requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. Signed this 20d', day of January, 2009 Sworn to and subscribed before me the 20th, day of a Januar, , 2009, ..., far .Pub ic) My'Co mission expires the 5th day of October, 2013. (828) 232-5830 1 (828) 253-5092 FAX 14 O. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 600-4204' ii GAMIEff NO'l'%R pUE¢._iC Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources January 13, 2009 1 �. ,! ;Mr, Jack Davis IAC Old Fort, LLC St. Road 240, Parker Padgett Rd j Old Fort, North Carolina 27371 Subject: Dear Mr. Davis: Coleen H. Sullins, Director Division of Water Quality Draft NPDES Stormwater Permit Permit No. NCS000359 IAC Old Fort, LLC McDowell County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been added to this permit including total suspended solids, chemical oxygen demand, nitratetnitrite, phenol, and a variety of metals. 2. pH has been added to the analytical monitoring requirements. 3. Analytical monitoring has been set to quarterly during year 1 of the permit and semi-annually during years 2-5 of the permit as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4: Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered 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. 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.) NO�in�c+hCurolinn wWitrn!/r/ North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: 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— 100% Recycled/30 % Post Consumer Paper Davis IAC Old Fort, LLC Permit No. NCS000359 Vehicle maintenance monitoring (if applicable) 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 0 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 deceiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments tome no later than thirty (30) days following your receipt of the draft. Comments should be sent to my attention at the address listed at the bottom of page 1. If no adverse comments are received from the public or from you, this permit will likely be issued in approximately two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6365 or cory.larsen@ncmail.net cc: Asheville Regional Office, Kevin Barnett SPU Files Encl Sincere) , Cory Larsen Environmental Engineer Stormwater Permitting Unit 2 NCS000359 ATF9 ',;�G r Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Recoumev Coleen tl. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit IAC Old Fort, LLC NCS000359 SR 240, Parker Padgett Rd, Old Fort, NC (McDowell County) See Figure I Industrial Landfill NA Brevard Creek Catawba River Basin, Sub -basin 03-08-30 C See attached draft permit. See Appendices December 15, 2008 to 807-6365 Issue Rating Scale: I(easy) to 10 hard Compliance history 6 Benchmark exceedance 3 Location (7'MDL, T&E species, etc 4 Other Challenges: • Information gathering 6 Difficulty Rating: (19)/40 Description of Onsite Activities: • The facility operates as an industrial landfill for IAC Group's Old Fort Plant. The landfill is unlined and non -capped and only accepts carpet waste/scraps from the IAC plant. Currently, the landfill is not active as IAC investigates other means of reuse and disposal of the carpet waste. Documents Reviewed: • SPU & Central Piles • EPA TRI Data & MSGP • 2008 Draft 303(d) List • NC'I'MDLs • Draft 2004 Catawba Basinwide Plan • NC Natural Heritage Program for T&L History: • Date Permit first issued: March 1, 1997 • Date Permit re -issued: April 1, 2002 • Date Permittee submitted renewal application: September 14, 2006 Page 1 of 9 N Salisbury St, Raleigh, NC to Fred Anderson's Toyota - Google Maps Page 2 of 3 Take the ramp onto Glenwood Ave/NC-50/US Continue to follow Glenwood Ave/US-70 About 15 mins 6. Take the exit toward Aviation Pkwy/Lumley Rd/NC-1002/Westgate Rd lip 7. Turn left at Aviation Pkwy/Lumley Rd/NC- 1002/Westgate Rd 70 8. Turn deft to merge onto Glenwood Ave/US-70 Destination will be on the right - -About 1 min - Fred Anderson's Toyota { g4 9101 Glenwood Ave, Raleigh, NC 27617 - (919) I[ 787-0099 go 10.0 mi total 11.3 mi go.0 3mi' total 11.6 mi I l go 197 ft total 11.6 mi go07mi s total 12.4 mi I http://maps.google.com/maps?f=d&saddr=N+Salisbury+St,+Raleigh,+North+Carolina&dad... 1 /6/2009 NCS000359 I NCGO00359 Map Scale 1:20,000 IAC Group North America IAC Old Fort, LLC Latitude: 350 37' 5 1 " N Longitude: '82° 07' 13" W County: McDowell Receiving Stream: Brevard Creek Stream Class: C Sub -basin: 03-08-30 (Catawba River Basin) Figure l: Map of Facility & 0? VIM 0*1 Facility Location Page 2 of 9 NCS000359 slot ;Cental Office Review Summary: 1. Owner's Other Permits: • NA 2. Gen eralObservations: • Medium size landfill (83 ac) with insignificant impervious cover; • Site has two SDOs with accompanying sedimentation basins that drain to 131-cvard Creek. .,.•,, .,1';3:,, Impairment: o Brevard Creek not listed on 303(d) list for impmnnent; o The 2004 Basinwide Plan for,the Catawba basin does not discuss Brevard Creek; o Brevard Creek does not currently have any TMDLs. 4. Threatened and Endangered: o No endangered species were found within a 2 mi radius of the site based on a Natural I-Icritage map search. ,y ri5,� Location: . o Facility is undeveloped m'ea just south of Int. 40 cast of Old Port, NC. Stormwater from the site drains to Brevard Creek. 6. Industrial Changes Since Previous Permit: o Since the issuance of the previous permit in 2002, there have been no significant changes in industrial process activities at the facility. 4,-": t7.? Analytical Monitoring Notes: �u fl'' Y b Q Y p P YY quarterly year ,o Analytical monitorin � data was required U the previous crnut annual) cars I-3 and c uarterl car 4 ''i • for pl-1, total rainfall, event duration, and total flow. However, no analytical data was collected; o Pennittee submitted monitoring well analytical data in lieu of stormwater data; o See Appendix A for full results. 8. Qualitative Monitoring Notes: o Visual monitoring performed semi-annually since September 2006; : o No abnormal conditions observed; :, o See Appendix B for full results. Page 3 of 9 NCS000359 Recommendations: Based on the documents reviewed, the application information submitted on September 14, 2006 is deemed sufficient to issue an Individual Stormwater Permit. / Prepared by. (Signature) Date ��Lee` ?8 . � � f rlStormwater Permitting Unit Supervisor _t -', i Date ley I it a 8hn.d Concurrence by Regional Office Date Water Quality Supervisor �it A ( (✓G(1-n /;y Datc_j Regtonal Olfice Staff Comments _ �v I/C�f�Gc��S S�� �L ,t�1,4hlT�vezl es1� it V w� lard i lr 4-4 to/ Page 5 of 9 NCS000359 t ;+�-':Revised Permit Recommendations: (Analytical Monitoring: I. ,Adding parameters... a. "I'SS = to monitor for solids/sddimcnt load in stormwater. TSS is a required parameter under NCG 12 (landfills) and under ETA MSGP Subsector L (landfills). b. COD — required parameter under NCG 12. c. METALS Total Al, Fe, Zn, Cu, Cr, Pb, Se —added due to presence in carpet dyes or parameter was detected in monitoring well analytical data. Pb, Fe, Zn, Al required under MSGP Subsector C ,' ;Ai'i•;si :"j, (chemical and allied product mfg/refining). d. NO3 +NOi—N — to monitor for nitrogen load in stormwater. MSGP lists parameter under Subsector C y , r lr : C. Phenol —added duc to its common presence in dyes and also required under MSGP Subsector L. 2.'p}ladded — standard addition topermit. 3. All analytical monitoring set to semi-annually. 4. Benchmarks for analytical monitoring and "tiered monitoring system added to this draft permit. 5. Analytical and qualitative monitoring required during representative storm events. Qualitative monitoring required regardless of representative outfall status. 6. Flow reporting replaced by total rainfall parameter. .,.,:.t T. g y. ,7.;;:'Vehicle maintenance monitoring revised to semi-annual) Other Proposed Changes to the Previous Permit: 1. See draft permit for full details. Discussions with permittee: Jack Davis, 828-442-4051. 10/30/2008, 11/12/08 1. „ Q: Why did you not submit stormwater analytical data with your renewal application? ANSWER: Applicant did not'collect stormwater samples and did not know it was required. '. 2.' Q: Can you please provide a description of facility activities? a. ANSWER: See Description of Onsite Activities (pg 1). 3. Q: How large is the site? a. ANSWER: Around 83 acres total but not all of that acreage is permitted landfill. 4. Q: Are there any chemicals stored at the landfill? a. ANSWER: No, just some scrap metal. P3 �t5: + Q:-How many outfalls do you have? a. ANSWER: Two with two sedimentation basins. i 6. Q: Is heavy equipment kept at the landfill? a. ANSWER: Only when the landfill is active. Currently, it is not so machinery is not kept onsite. 7. Q: Did you ever landfill any material other than carpet scraps in the past? a. ANSWER: No,justcarpet. Q: Do you have other pennits associated with the landfill? .s , ; a. ANSWER: Applicant has an expired solid waste permit and is working on renewal. 9. Q: Why are you monitoring for metals in groundwater with your monitoring wells? a. ANSWER: Carpet dye contains some amount of various metals so they are required to sample for metals shown on MW analytical summary. Page 4 of ;,NCS000359 i APPENDIX A i i MONITORING WELL ANALYTICAL RESULTS IAC OLD FORT, LLC ...,.•ar ., it �.f , • i .f = Page 6 of 9 Pace Analytical Laboratory Analysis on Landfill Wells Parameters: Field Services: Monitoring Well Data Method: Field pH Field Specific Conductance Field Temperature Static Water Level Results for Well MW-1a Results for Well MW-2 Results for Well MW-3 Results for Well MW-4 Results for Well SW-1 Upstream Results for Well SW-2 Downstream 11/04/05 05/01/06 11/04/05 05/01/06 11/04/05 05/01/06 11/04/05 05/01/06 11/04/05 05/01/06 11/04/05 05/01/06 8.83 5.73 6.16 6.38 1 5.94 5.6 5.89 4.93 8.83 7.16 6.20 7.17 14.95 10.2. 119.6 128 109.6 114 29.0 34 14.95 44 48.7 14.5 14.7 13.9 14 14.3 13.7 16.0 13.5 14.5 15.5 11.3 11IZ5 46.14 49.4 11.29 14.0 16.71 16.98 12.74 13.48 N/A N/A N/A Metals: Trace ICP Metals Prep/Method: /EPA 200.7 Arsenic-L-t � %r Barium il• Cadmium c• oe i Chromium �.�. Lead -Selenium --- c=:5i- Silver t.C�i Date Digested 0.011 0.027 ND ND ND ND .0098 ND ND ND ND ND 2.2 2.7 0.044 .048 10. .79 1.9 .50 .019 .018 .026 .021 ND ND ND ND ND ND ND ND ND ND ND ND 0.21 0.22 ND ND .36 .035 .11 .0054 - ND ND ND ND 0.1 0.13 ND ND .16 .017 .076 .012 ND ND ND ND 0.024 ND - ND ND ---.025 ND .014 -- ND- ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND 11/07/05 05/03/06 11/07/05 05/03/06 11/07/05 05/03/06 11/07/05 05/03/06 11/07/05 05/03/06 11/07/05 05/03/06 Mercury, SVAAS, in Water Method: EPA 245:1 Mercury I ND I ND I ND I ND I ND I ND I ND I ND I ND I ND ND ND U z :NCS000359 APPENDIX B QUALITATIVE MONITORING RESULTS IAC OLD FORT, LLC Page 8 of 9 Visual Monitoring Analysis of Storm Water Characteristics Retention Basin #1 Retention Basin #2 Fall Spring Fall Spring Color None Observed None Observed None Observed None Observed Odor None None None None Clarity Clear N/A Clear N/A Floating Solids None None Observed None None Observed Suspended Solids None None Observed None None Observed Foam None None Observed None None Observed Oil Sheen None None Observed None None Observed Other obvious indicators of stormwater pollution None None Observed None None Observed Date of Observation 09-26-05 04-19-06 09-26-05 04-19-06 Person Performing Observation Jack Davis Jack Davis Jack Davis Jack Davis t" O O O - -.. U z - ATF9 Qr Michael F. Easley, Governor William G. Russ Jr., Secretary North Carolina Department of Environment and Natural Resources --I IJ Jack Davis IAC Old Fort, LLC SR 240, Parker Padgett Rd Old Fort, North Carolina 27371 Dear Mr. Davis: Coleen H. Sullins, Director Division of Water Quality October 22, 2008 Subject: NPDES Permit Renewal Application IAC Old Fort, LLC Permit Number NCS000359 Individual Stormwater Permit McDowell County The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000359 on September 14, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6365. Sincerely, ql�- ea Environmental Engineer Stormwater Permitting Unit cc: Asheville Regional Office SPU Files Central Files g.hCarohna turally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.encstate.ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50 % Recycled/l 0% Post Consumer Paper International Automotive Components Group 5300 Auto Club Dr. Dearborn, MI48126 September 19, 2007 NCDEHNR Div. of Water Quality Surface Water Protective Section 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NCS000359 C&A Landfill, Old Fort, NC ,. _, International Automotive Component's.- America o n rr11 --� Lluu C7 This memo is to advise you of a change of ownership for the Collins & Aikman plant at Hwy. 70 East, Old Fort, NC. The new owner will be IAC Old Fort II, LLC. Effective date of ownership change is tentatively set to be on October 1, 2007. The new person legally responsible for the permit will be Gary Geisel. IACNA Corporate Manager of EH&S. 5300 Auto Club Drive, Dearborn, MI 48126, phone 313.240.3085. The plant contact will be Jack Davis — 828.668.3235. Please advise if you require any additional information. Regards, Collins & Aikman Products Co. Chip Moore <0"(S6'^' International Automotive Co portents Group, North America Gary Geisel 2:\OLD FORT\OWNERSHIP CHANGE OF II STORMWATER NCS000359.DOC Michael F. Easley, Governor William G. Ro,s Jr., Secretary Noah Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDFS perrnit (or) Cot ftcate of Coverage N I C I I I I N I C I G 11. Permit status prior to status change. Al L S O O 62 a. Permit issued to i'I$ <4- At�—,mCLrJ (company name): l_/(%/// b. Person legally responsible for permit: a VK-e.5 /✓] . ocV e- st First / MI / La r ; 1,-He-5 f7O Title Perm it Holder Mailing Address 0/d- i502 r A)C-J a-1I3 r l City State Zip Szg (0&9-3A35 ) c. Facility name (discharge): Phone t /�� /j' �"�"/ Fax QoIlli9$ � /—! 'kmc l d. Facility address: 5-r- P—oa l hx4c'/Q, 441)!�E%"%)u. O�cL. rl_>' AddN , �!13 l c. Facility contact person: R&k ID"Is State SRb'> G 8.3a3� First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change of the facility or owner If otherplease explain: _ b. Permit issued to (company name): `i�1—�Jc ttj (d;T H %� M H Rt C A,. c. Person legally responsible for permit C—IoLi'tq Gd Is ZA First / Ml / Lot VVIa ova tie✓ e 1 Ed-5 �r Title 53op Vic, Fo Clu h Dip. r,r Pei oit Bolder Mailing Address City State Zip �i►3) ;4VO. 3085 Q6(6Sel@iacna.cctrti d. hacility name (discharge): Now �(rmai q dress Z WL t Q L�Q f�j r•{ t L L e. Facility address: lj�', QL� o;240 (ref t nddreas o la'r-01+ tires f. Facility contact person: City Stmc Zip olL I ' tf/�j first / MI / Ltst lata/vff. JA35 at�.dtc✓isC`�CaJlaik,(+cnt, phone �: mail Address Revised 7/2005 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information: (if'diflarent from the person legally responsible for the permit) Permit contact: Tsai Mei First / Mt / ( ) Phnne E-nind Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes ❑ No (please explain) VI. Required items: THIS APPLICA TION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: �,This completed application is required for both name change and/or ownership change requests. IK .Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill 'of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership changc. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case ofan ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Pernut holder prior to ownership change): ) • V\&U00'�e, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signnau'e Dam A ANT CERTIFICATION: 1, Gaiq , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signawrc Datc PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revisal 7/2005 IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ) Chapter I I COLLINS & AIKMAN CORPORATION, et aP ) Case No. 05-55927 (SWR) (Jointly Administered) Debtors. ) (Tax Identification #13-3489233) Honorable Steven W. Rhodes ORDER AUTHORIZING AND APPROVING (A) ASSET PURCHASE AGREEMENT, (B) SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF DEBTORS' CARPET & ACOUSTICS BUSINESS FREE AND CLEAR OF LIENS, CLAIMS AND INTERESTS, (C) ASSUMPTION AND ASSIGNMENT OF CERTAIN EXECUTORY CONTRACTS AND UNEXPIRED LEASES, AND (D) CERTAIN RELATED RELIEF This matter coming on to be heard on the motion [Docket No. 45381 (the "Motion")2 of the above -captioned debtors (collectively, the "Debtors") for entry of an order: (a) approving an asset purchase agreement appended to the Motion as Exhibit C (as amended from time to time, and including (i) the amendment to such asset 'rhe Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amen Convertible Fabrics, Inc., Case No, 05-55949; Recker Group, LLC ((/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977: BM Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikm:m Accessory Mats, Inc. (t/k/a the Akro Corporation), Case No, 05-55952: Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (Ok/a Textron Automotive (Argentina), Inc.), Case No. 05-55965: Collins & Aikman Automotive (Asia), Inc. (Okla 'Textron Automotive (Asia), Inc.), Case No. 05-55991: Collins & Aikman Automotive Exteriors, Inc. (Ok/a Textron Automotive Exteriors, Inc.), Caw No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No, 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980: Collins & Aikman Auannotive Intermumn;d Services, Inc. (Ok/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats. LLC- Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. QIk/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Caw No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-5593Q Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpel & Acoustics aNk Inc., Case No, 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikm:m Europe, Inc., Case No 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963: Collins & Aikman Intellimold, Inc. (dlb/a M&C Advanced Pruces'ses, Inc.), Case No. 05-55476Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-5595E Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Caw No. 05-55932: Collins & Aikman Properties, Inc., Case No, 05-55964; Comet Acoustics. Inc., Caw No. 05-55972: CW Management Corporation, Caw No, 05-55979: Dtua Convertible Systems, Inc_ Case No, 05-55942: Gamble Development Company, Case No. 05-55974; JI'S Automotive, Inc. (d/bte PACJ, Inc.), Caw No. 05-55935; New Baltimore Holdings. LLC, Case No. 05-55992: Owosso Thermal Forming, LLC, Caw No 05-55946; Southwest laminates, Inc. (dlbra Southwest Fabric Laminators Inc.), Caw No. 05-55948: Wickes Asset Management, Inc., Case No. 05-55962: and Wickes Man llhtturing Cunipan)', Case No. 05-55969. Cpitali/.ed terms used. but not otherwise defined, herein shall have the meanings ascribed to them in the Purchase Agreement. 8&r: 1181u175.1, purchase agreement [Docket No. 7357]' and- (ii)- all" exhibits and attachments thereto, the "Purchase Agreement") by and between International Automotive Components Group North America, Inc. (the "Purchaser"), Collins & Aikman Corporation, and certain of its affiliates identified in the Purchase Agreement, as well as such other agreements to be entered into and among the parties as contemplated therein (the "Ancillary Agreements'); (b) authorizing (i) the sale (the "Sale") of substantially all of the assets of the Debtors' Carpet & Acoustics business (as defined in the Purchase Agreement, the "Business") to the Purchaser tree and clear of all liens, claims, encumbrances, and other interests, other than as set forth in the Purchase Agreement, and (ii) the assumption by the Debtors and the assignment to the Purchaser of related executory contracts and unexpired leases (as defined in the Purchase Agreement, the "Assumed Contracts'); and (c) granting certain related relief. 'rhe Court having entered an order on May 1, 2007 [Docket No. 4594] (the "Bidding Procedures Order") approving, among other things, the proposed bidding procedures and bid protections (the "Bidding Procedures') and notice ofthe Sale; an auction of the Business (the "Auction") having been scheduled for May 29, 2007 and continued to June 4, 2007 in accordance with the Bidding Procedures, but the Auction not having been held as a result of the failure of any party to submit a competing bid in connection with the Auction; the Debtors and the Purchaser having executed the Purchase Agreement; the Purchaser having been determined by the Debtors to have submitted the highest and best bid for the assets subject to the Purchase Agreement (the "Assets') and the Assumed Contracts; a final hearing on the Motion having been held on June 5, 2007 (the "Sale Hearing"); all interested parties having been afforded an opportunity to be heard with respect to the Motion and all relief related thereto; the Court having 2 K&E. I IM10175.6 reviewed and considered (i) the Motion, (ii) the objections thereto, if any, and (iii) the arguments of counsel made, and the evidence prottered or adduced, at the Sale Hearing; it appearing that the reliefrequested in the Motion and approval of the sale to Purchaser ofthe Assets identified in the Purchase Agreement and assumption and assignment to Purchaser of the Assumed Contracts is in the best interests of the Debtors, their estates, creditors, and other parties in interest; and based on the Motion, the statements ofcounsel, the record of the Sale Hearing and the record in these cases the Court having determined and concluded as follows, IT IS HEREBY FOUND AND DI fERMINFD THAT: 7 A. The court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334, and this matter is a core proceeding pursuant to 28 U.S.C. § I57(b)(2)(A). Venue of these cases and the Motion in this district is proper under 28 U.S.C. §§ 1408 and 1409. B. The statutory predicates I6r the relief sought in the Motion are sections 105(a), 363(b), (t), (m) and (n), 365, and 1146(a) of the United States Bankruptcy Code, I 1 U.S.C. §§ 101-1532, as amended (the 'Bankruptcy Code"), and Rules 2002, 6004, 6006, 9007, and 9014 of the Federal Rules of Bankruptcy Procedure (the 'Bankruptcy Rules"). The consummation of the transactions contemplated by the Purchase Agreement and this Order (the "Transactions") is legal, valid and properly authorized under all such provisions of the Bankruptcy Code and Bankruptcy Rules, and all of the applicable requirements of such sections and rules have been complied with in respect of the Transactions. C. Proper, timely, adequate, and sufficient notice of the Motion, the Auction, the Sale Hearing, and the Transactions, including, without limitation, the assumption and 'rhe lindings and conclusions Set forth herein constitute the Court's findings of fat and conclusions of law pursuant to Bankruptcy Rude 7052, made applicable to this proceeding pursuant to Bankruptcy Rule 9014. All findings of fact and conclusions of law announced by the Coati at the Sale Hearing in relation to the Motion are hereby incorporated herein to the extent not inconsistent herewith. 'fo the extent that any of the following findings of Ihet constitute conclusions of law, they ore adopted as Such 'I'o the extent any ofthe following conclusions of law constitute findings offacl, they are adopted as such. 3 Kkli IINil) pgt. assignment of the Assumed Contracts and the corresponding proposed cure amounts, has been ' provided in accordance with sections 105(a), 363, and 365 of the Bankruptcy Code and Rules 2002, 6004, 6006, and 9014 of the Bankruptcy Rules and in compliance with the Bidding Procedures, such notice was good, sufficient, and appropriate under the particular circumstances, and no other or further notice of the Motion, the Auction, the Sale Hearing, or the Transactions, including, without limitation, the assumption and assignment of the Assumed Contracts and the proposed cure amounts, is or shall be required. A reasonable opportunity to object or be heard with respect to the Motion and the relief requested therein has been afforded to all interested persons and entities. D. As demonstrated by (i) the testimony and other evidence proffered or adduced at the Sale Hearing and (ii) the representations of counsel made on the record at the Sale Hearing, the Debtors have marketed the Assets and the Assumed Contracts and conducted the sale process with respect thereto in compliance with the Bidding Procedures. The Auction process set forth in the Bidding Procedures Order afforded a full, fair, and reasonable opportunity for any person or entity to make a higher or otherwise better offer to purchase the Assets. The Auction was duly noticed and conducted in a noncollusive, fair, and good faith manner and a reasonable opportunity has been given to any interested party to make a higher and better offer for the Assets. G. The Purchase Agreement constitutes the highest and best offer for the Assets and Assumed Contracts, and will provide a greater recovery for the Debtors' estates than would be provided by any other available alternative. The Debtors' determination that the Purchase Agreement constitutes the highest and best other for the Purchased Assets and the Assumed Contracts constitutes a valid and sound exercise of the Debtors' business judgment 4 K&I; 118%1751, pursuant to section 363(b) of the Bankruptcy Code. Approval of the Motion and the Purchase Agreement and the consummation of the Transactions at this time are in the best interests of the Debtors, their creditors, their estates, and other parties in interest. The Purchase Agreement must be approved and consummated promptly in order to preserve the value of the Business as a going concern. As such, it is essential that the Sale occur within the time constraints set forth in the Purchase Agreement. Time is of the essence in consummating the Sale. F. The consideration provided by the Purchaser pursuant to the Purchase Agreement is fair and adequate and constitutes reasonably equivalent value and fair consideration under the Bankruptcy Code and under the laws of the United States, any state, territory, possession or the District of Columbia. The Purchase Agreement was negotiated, proposed and entered into by the Debtors and the Purchaser without collusion, in good faith, and from arms -length bargaining positions. Neither the Debtors nor the Purchaser have engaged in any conduct that would cause or permit the Purchase Agreement or any part ofthe Transactions to be avoided under section 363(n) of the Bankruptcy Code. G. The Purchaser is a good faith purchaser under section 363(m) of the Bankruptcy Code and, as such, is entitled to all of the protections af76rded thereby in that, among other things: (i) the Purchaser recognized that the Debtors were Gee to deal with any other party interested in acquiring the Assets; (ii) the Purchaser complied with the provisions in the Bidding Procedures Order; (iii) the Purchaser agreed to subject its bid to the competitive bidding procedures set forth in the Bidding Procedures Order; (iv) all payments to be made by the Purchaser and other agreements or arrangements entered into by the Purchaser in connection with the Sale have been disclosed; (v) the Purchaser has not violated section 363(n) of the Bankruptcy Code by any action or inaction; (vi) no common identity of directors or controlling 5 stockholders exists between the Purchaser and any of the Debtors and the Purchaser is not an "insider" of any Debtor, as that term is defined in section 10 1(3 1) of the Bankruptcy Code; and (vii) the negotiation and execution of the Purchase Agreement and any other agreements or instruments related thereto was at arm's-length and in good faith. The Purchaser will be acting in good faith within the meaning of section 363(m) of the Bankruptcy Code in closing the Transactions. H. The Debtors have full corporate power and authority to execute and deliver the Purchase Agreement and all other documents contemplated thereby, and no further consents or approvals are required for the Debtors to consummate the Transactions, except as otherwise set forth in the Purchase Agreement. 1. The transfer of the Assets and the Assumed Contracts to the Purchaser will be a legal, valid, and effective transfer of such assets and contracts and will vest the Purchaser with all right, title, and interest of the Debtors to such assets and contracts free and clear of all claims and interests other than those permitted by the Purchase Agreement, including, without limitation, those (i)that purport to give to any party a right or option to effect any forfeiture, modification, right of first refusal, or termination of the Debtors' or the Purchaser's interest in such assets or contracts, or any similar rights, and (ii) that relate to taxes arising under or out of, in connection with, or in any way relating to the operation ofthe Business prior to the date ofthe closing of the Purchase Agreement (the "Closing Date"). J. The Debtors may sell the Assets free and clear of all claims and interests of any kind or nature whatsoever because, in each case, one or more ofthe standards set forth in section 363(1)(I)—(5) ofthe Bankruptcy Code has been satisfied. Those nondebtor parties with claims or interests in the Assets who did not object, or who withdrew their objections, to the 6 K&E I IOU1]i.G Purchase Agreement or the Motion are deemed to have consented pursuant to sections 363(t)(2) and 365 of' the Bankruptcy Code and shall be entitled to the adequate protection provided in paragraph 6 below. Those nondebtor parties with claims or interests in the Assets who did object Fill within one or more of the other subsections of sections 363(t) and 365 of the Bankruptcy Code and are adequately protected by having their claims or interests, it' any, attach to the proceeds of the Transactions ultimately attributable to the property against or in which they claim an interest. K. Except for the Permitted Exceptions and Assumed Liabilities expressly assumed by the Purchaser in the Purchase Agreement, the transfer of the Assets to the Purchaser and assumption and assignment to the Purchaser of the Assumed Contracts will not subject the Purchaser to any liability whatsoever with respect to the operation of the Business prior to the Closing Date or by reason of such transfer under the laws of the United States, any state, territory, or possession thereof, or the District of Columbia, based, in whole or in part, directly or indirectly, in any theory of law or equity, including, without limitation, any theory of antitrust, successor, or transferee liability. No finding is made herein that the Purchaser is liable with respect to any Permitted Exception based on any such theory. L. The Debtors have demonstrated that it is an exercise of their sound business judgment to assume and assign to the Purchaser the Assumed Contracts in connection with the consummation of the Transactions, and the assumption and assignment of the Assumed Contracts is in the best interests of the Debtors, their estates, and their creditors. The Assumed Contracts being assigned to the Purchaser and the Assumed Liabilities are an integral part of the Transactions and, accordingly, the assumption and assignment ol'the Assumed Contracts to the 7 Purchaser and the assumption by the Purchaser of the Assumed Liabilities is reasonable, enhances the value of the Debtors' estates and does not constitute unfair discrimination. M. All of the requirements of sections 365(b) and 363(t) have been satisfied for the assumption by Debtors and assignment to Purchaser of each of the Assumed Contracts in that (A) the Debtors have (i) cured, or have provided adequate assurance of cure of, any default existing prior to the date hereof under each of the Assumed Contracts, within the meaning of, and as required by, section 365(b)(1)(A) of the Bankruptcy Code, and (ii) provided compensation or adequate assurance of compensation to any, party for any actual pecuniary loss to such party resulting from a default prior to the Closing Date under any of the Assumed Contracts, within the meaning of, and as required by, section 365(b)(1)(B) of the Bankruptcy Code; and (B) the Purchaser has provided adequate assurance of its future performance of and under the Assumed Contracts, within the meaning of, and as required by, section 365(t)(2)(B) of the Bankruptcy Code. Unless otherwise agreed to with a contract counterparty, the respective amounts set forth in the contract and cure scheduled tiled with this Court on May 4, 2007 [Docket No. 4619] (the "Contract and Cure Schedule") are the sole amounts necessary under section 365 of the Bankruptcy Code to cure all defaults and pay all actual pecuniary losses under the Assumed Contracts. N. The Sale is made in contemplation of the Debtors' chapter I I plan. Accordingly, the Sale is a transfer pursuant to section 1146(a) of the Bankruptcy Code, which shall not be taxed under any law imposing a stamp tax or similar tax. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 8 AAI! I11501756 General Provisions I. The Motion is granted in its entirety. 2. All objections to the entry of this Order or the relief provided herein that have not been withdrawn, waived, or settled, and all reservations of rights included therein, are hereby overruled on the merits. Approval of the Purchase Agreement 3. The Purchase Agreement, as well as the Ancillary Agreements, and all of the terms and conditions thereof, are hereby approved. 4. Pursuant to section 363(b) of the Bankruptcy Code, the Debtors are authorized and directed to consummate the Transactions pursuant to and in accordance with the terms and conditions of the Purchase Agreement and the Ancillary Agreements. 5, The Debtors are authorized and directed to execute and deliver, and empowered to perform under, consummate and implement the Purchase Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the Purchase Agreement (including the Ancillary Agreements), and to take all further actions as may be requested by the Purchaser for the purpose of assigning, transferring, granting, conveying, and conferring to the Purchaser or reducing to possession, the Assets and the Assumed Contracts, or as may be necessary or appropriate to the performance of the obligations as contemplated by the Purchase Agreement and the Ancillary Agreements. Transfer of Assets 6. Pursuant to sections 105(a) and 363(t) of the Bankruptcy Code, the Assets shall be transferred to the Purchaser, and upon consummation ofthe Transactions (the "Closing") shall be, free and clear of all Claims, Liens, conditions to transfer or assignment of any kind, 9 K&E 11550175 e interests, and encumbrances of any kindor nature whatsoever, in each case whether direct or indirect, absolute or contingent, matured or unmatured, liquidated or unliquidated (collectively, the "Interests"), other than the Permitted Exceptions, with all such Interests to attach to the proceeds ofthe Transactions ultimately attributable to the property against or in which the holder ofan Interest claims or may claim an Interest in the order of their priority, with the same validity, force, and effect which they now have, subject to any claims and defenses the Debtors may possess with respect thereto. 7. Except as expressly permitted or otherwise specifically provided by the Purchase Agreement or this Order, all persons and entities (including, but not limited to, all debt security holders, equity security holders, governmental, tax, and regulatory authorities, lenders, trade, and other creditors) holding Interests of any kind or nature whatsoever against or in the Assets or the Assumed Contracts (whether legal or equitable, secured or unsecured, matured or unmatured, contingent or non -contingent, senior or subordinated) arising under or out of, in connection with, or in any way relating to, the Assets, the Assumed Contracts, the operation of the Business prior to the Closing Date, or the transfer of the Assets or the Assumed Contracts to the Purchaser, hereby are forever barred, estopped, and permanently enjoined from asserting against the Purchaser, its successors or assigns, property, or assets such persons' or entities' Interests. 8. The transfer of the Assets and the Assumed Contracts to the Purchaser pursuant to the Purchase Agreement constitutes a legal, valid, and effective transfer of such assets and contracts and shall vest the Purchaser with all right, title, and interest of the Debtors in and to such assets and contracts free and clear of all Interests of any kind or nature whatsoever. H K&E 1195UI75 6 9. The transfer of the Assets and the Assumed Contracts pursuant to the Transactions is a transfer pursuant to section 1146(a) of the Bankruptcy Code and, accordingly, shall not be taxed under any federal, state, local municipal, or other law imposing or claiming to impose a stamp tax or a sale, transfer, or any other similar tax on any of the Debtors' transfers or sales of real estate, personal property, or other assets owned by them. Assumption and Assignment to Purchasers of Assumed Contracts 10. Pursuant to sections 105(a) and 365 of the Bankruptcy Code, and subject to and conditioned upon the Closing, the Debtors' assumption and assignment to the Purchaser, and the Purchaser's assumption on the terms set forth in the Purchase Agreement, of the Assumed Contracts, is hereby approved, and the requirements of section 365(b) and 365(t) of the Bankruptcy Code with respect thereto are hereby deemed satisfied. I I. The Debtors are hereby authorized and directed in accordance with sections 105(a) and 365 of the Bankruptcy Code to (a) assume and assign to the Purchaser, effective upon the Closing, the Assumed Contracts tree and clear of all Interests of any kind or nature whatsoever, and (b) execute and deliver to the Purchaser such documents or other instruments as may be requested by Purchaser to assign and transfer the Assumed Contracts to the Purchaser. 12. The Assumed Contracts shall be transferred to, and remain in full force and effect for the benefit of, the Purchaser in accordance with their respective terms, notwithstanding any provision in any such Assumed Contract that prohibits, restricts, or conditions such assignment or transler and, pursuant to section 365(k) ol'the Bankruptcy Code, the Debtors shall be relieved from any further liability with respect to the Assumed Contracts after such assignment to and assumption by the Purchaser. Any provisions in any Assumed ASL 11 85o V 5 6 Contract that prohibit or condition the assignment of such Assumed Contract or allow the party to such Assumed Contract to terminate, recapture, impose any penalty, condition on renewal or extension or modify any term or condition upon the assignment of such Assumed Agreement, constitute unenforceable anti -assignment provisions that are void and ofno force and effect. 13. Unless otherwise agreed to all defaults or other obligations of the Debtors under any Assumed Contract arising or accruing prior to the date of this Order (without giving effect to any default provisions of the kind specified in section 365(b)(1)(A) of the Bankruptcy Code or acceleration clauses or any default provisions of the kind specified in section 365(b)(2) of the Bankruptcy Code) shall be deemed cured by the Debtors upon payment by the Debtors at the Closing of the Transactions of the cure amount set forth on the Contract and Cure Schedule with respect to those Assumed Contracts set forth on the Contract and Cure Schedule (the "Cure Amounts"). After the payment of the relevant Cure Amounts, neither the Debtors nor the Purchaser shall have any further liabilities to the non -Debtor parties to the Assumed Contracts other than the Purchaser's obligations under the Assumed Contracts that become due and payable on or after the Closing Date. There shall be no rent accelerations, assignment Ices, increases (including advertising rates) or any other fees charged to Purchaser or the Debtors as a result of the assumption and assignment of the Assumed Contracts. 14. Except for the obligation of the Debtors to pay the Cure Amounts, each nondebtor party to an Assumed Contract hereby is forever barred, estopped, and permanently en.joined from asserting against the Debtors or the Purchaser, or the property ofany of them, any default existing as of the date of this Order, or against the Purchaser, any counterclaim, defense, setoff; or any other claim asserted or assertable against the Debtors. Pursuant to sections 105(a), 363, and 365 of the Bankruptcy Code, all parties to the Assumed Contracts are lorever barred 12 Ak6I❑M75G and permanently enjoined from raising or asserting against the Debtors or the Purchaser any assignment fee, default, breach or claim, or pecuniary loss or condition to assignment, arising under or related to the Assumed Contracts existing as of the Closing Date or arising by reason of the Closing. Additional Provisions 15. On the Closing Date of the Transactions, each of the Debtors' creditors is authorized and directed to execute such documents and take all other actions as may be necessary to release its Interests in the Assets and the Assumed Contracts, if any, as such Interests may have been recorded or may otherwise exist. 16. This Order (a) shall be effective as a determination that, on the Closing Dale, all Interests of any kind or nature whatsoever existing with respect to the Debtors, the Assets, or the Assumed Contracts prior to the Closing have been unconditionally released, discharged, and terminated, and that the conveyances described herein have been effected, and (b) shall be binding upon and shall govern the acts of all entities including without limitation, all tiling agents, filing officers, title agents, tide companies, recorders of mortgages, recorders of deeds, registrars of deeds, administrative agencies, governmental departments, secretaries of state, federal, state, and local officials, and all other persons and entities who may be required by operation of law, the duties of their office, or contract, to accept, file, register, or otherwise record or release any documents or instruments, or who say be required to report or insure any title or state of title in or to any of such assets or contracts. 17. Each and every federal, state, and local governmental agency or department is hereby directed to accept any and all documents and instruments necessary and appropriate to consummate the transactions contemplated by the Purchase Agreement. 13 19. If any person or entity that has tiled financing statements, mortgages, mechanic's liens, lis pendens, or other documents or agreements evidencing Interests with respect to the Debtors, the Assets, or the Assumed Contracts shall not have delivered to the Debtors and the Purchaser prior to the Closing Date, in proper form for filing and executed by the appropriate parties, termination statements, instruments of satisfaction, releases of all Interests which the person or entity has with respect to the Debtors, the Assets, Assumed Contracts, or otherwise, then (a) the Debtors are hereby authorized and directed to execute and file such statements, instruments, releases, and other documents on behalf of the person or entity with respect to such assets and contracts, and (b)the Purchaser is hereby authorized to file, register, or otherwise record a certified copy of this Order, which, once tiled, registered, or otherwise recorded, shall constitute conclusive evidence of the release of all Interests in the Assets and Assumed Contracts ofany kind or nature whatsoever. 19. All entities who are presently, or on the Closing Date may be, in possession of some or all ofthe Assets are hereby directed to surrender possession of the Assets to the Purchaser on the Closing Date unless otherwise requested by the Purchaser. 20. Except for the Assumed Liabilities, the Purchaser shall have no liability or responsibility for any liability or other obligation of the Debtors arising under or related to the Assets or the Assumed Contracts. Without limiting the generality of the foregoing, and except as otherwise specifically provided in the Purchase Agreement, the Purchaser shall not be liable for any Claims or Interests in or against the Debtors or any of their predecessors or affiliates, and the Purchaser shall have no successor or vicarious liabilities of any kind or character whether known or unknown as of the Closing Date, now existing or herealler arising, whether fixed or contingent, with respect to the Debtors or any obligations of the Debtors arising prior to the 14 K&E. 1155U 175 is Closing Date, including, but not limited to, (1) liabilities on account of any taxes arising, accruing, or payable under, out of, in connection with, or in any way relating to the operation of the Business prior to the Closing Date, and (2) liabilities based on any theory of antitrust, environmental, successor or transferee liability, labor law, de facto merger or substantial continuity. Further without limiting the generality of the foregoing, except as expressly provided in the Purchase Agreement (A) Purchaser shall have no obligation to pay wages, bonuses, severance pay, benefits (including, without limitation, unemployment benefits and contributions or payments on account of any under -funding with respect to any and all pension plans), or any other payment to employees of Debtors, (B) Purchaser shall have no obligation for the cessation of any of the Debtors' operations, dismissal by the Debtors of employees, or termination by the Debtors of employment or labor agreements, (C) Purchaser shall have no liability with respect to any collective bargaining agreement, employee pension plan, employee welfare or retention, benefit and/or incentive plan, practice, or program to which any of the Debtors are a party (including, without limitation, arising from or related to the rejection or termination of any such agreement), (D) Purchaser shall in no way be deemed a party to or assignee of any such agreement, practice, or program, (E) no employee of Purchaser shall be deemed in any way covered by or a party to any such agreement, practice, or program, and (I") all parties to any such agreement, practice, or program are hereby enjoined from asserting against Purchaser any and all claims arising from or relating thereto. 21. Under no circumstances shall the Purchaser be deemed a successor of or to the Debtors for any Interest against or in the Debtors or the Assets or Assumed Contracts of any kind or nature whatsoever. Except for the Permitted Exceptions and Assumed Liabilities, the sale, transfer, assignment, and delivery of the Assets and the Assumed Contracts shall not be 15 A¢r: I W01$1, subject to any Interests, and Interests of any kind or nature whatsoever shall remain with, and continue to be obligations of, the Debtors. Except for persons entitled to enforce Permitted Exceptions or Assumed Liabilities, all persons holding Interests against or in the Debtors or the Assets or Assumed Contracts of any kind or nature whatsoever (including, but not limited to, the Debtors and/or their respective successors (including any trustee), creditors, employees, unions, former employees and shareholders, administrative agencies, governmental units, secretaries of state, federal, state and local officials, including those maintaining any authority relating to any environmental, health and safety laws, and the successors and assigns ofeach of the foregoing) shall be, and hereby are, forever barred, estopped, and permanently enjoined from asserting, prosecuting, or otherwise pursuing any Interests of any kind or nature whatsoever against the Purchaser, its property, its successors and assigns, or the Assets or Assumed Contracts, as an alleged successor or otherwise, with respect to any Interest of any kind or nature whatsoever such person or entity had, has, or may have against or in the Debtors, their estates, officers, directors, or shareholders, or the Assets or Assumed Contracts. Following the Closing Date, no holder of an Interest in the Debtors shall interfere with the Purchaser's title to or use and enjoyment of the Assets or the Assumed Contracts based on or related to such Interest or any actions that the Debtors may take in their chapter I I cases. 22. Without limiting, modifying, or reducing the protections granted to the Bid Protections, all and any part of the Bid Protections, as well as any other amounts owed by any Seller to Purchaser under the Purchase Agreement, shall be entitled to administrative expense claim status under sections 363(b) and 503(b) of the Bankruptcy Code in the Bankruptcy Case and the bankruptcy case of each Seller any superseding cases under chapter 7 of the Bankruptcy Code, and shall be payable in cash in the time and manner as provided in the 16 ASF. I IXip 1714 Purchase Agreement without further order of the Bankruptcy Court or any other court. Notwithstanding anything to the contrary herein or in the Purchase Agreement, the final order dated July 28, 2005 approving the Debtors' post -petition financing Docket No. 809 (the "Final DIP Order"), or any other order of this Court entered in the Bankruptcy Case or the bankruptcy case of any Seller, the Bid Protections and any amounts owed by any Seller to Purchaser pursuant to Section 3.4(d)(i) of the Purchase Agreement that are in excess of the Post -Closing Escrowed Funds shall be a carve-oul from any liens and security interests ofthe pre- and post - petition lenders and other parties subject to the Final DIP Order (the "Lenders") in the Purchased Assets, and all amounts then due and owing in respect of the Bid Protections and Section 3.4(d)(i) of the Purchase Agreement in excess of the Post -Closing Escrowed Funds must be paid to the Purchaser before any distribution can be made to any Lender from the Purchased Assets. The obligation to pay in full in cash when due any other amount owed by any Seller to Purchaser under this Agreement, including any part of the Bid Protections, shall not be discharged, modified, enjoined, or otherwise affected by any plan of reorganization or liquidation for any Seller. No obligation of the Debtors under the Purchase Agreement or the Ancillary Agreements, or claim of Purchaser arising under or relating to the Purchase Agreement or the Ancillary Agreements, shall be discharged, modified, enjoined, or otherwise affected by any plan of reorganization or liquidation for any Seller. 23. The Debtors shall pay $95,282.87 from the proceeds received from the Sale to Maryland Electric Co., Inc. so as to satisfy the secured claim filed by Maryland Electric Co., Inc. in these chapter I I cases (Claim No. 3911) (the "Maryland Electric Claim"). Such payment on account of the Maryland Electric Claim shall billy, finally and completely resolve any claims tiled by Maryland Electric Co., Inc. in these chapter I I cases. 17 K&E unwmy 6 24. Nothing in this Order, the Sale Motion, the Purchase Agreement or any of the Ancillary Agreements shall affect the rights, if any, of the Inmet Division of Multimatic ("Multimatic") to pursue any recourse it may have with respect to the Purchased Assets that are owned by (a) Collins & Aikman Canada Inc., (b) Collins & Aikman Holdings Canada, Inc., (c) Collins & Aikman Automotive Canada, L.P. or (d) any related entity that is not one of the Debtors in these cases and with whom Multimatic conducted business at the Port Hope plant at 128 Peter Street, Port Hope, Ontario, Canada, in the applicable proceedings under the Companies' Creditors Arrangement Act or otherwise; all such rights of Multimatic and all defenses and claims of all parties with respect thereto are hereby reserved. 25. Notwithstanding anything to the contrary in this Order or the Purchase Agreement, the assumption and the assignment of the lease dated June 29, 2001 between Anchor Court, LLC ("Anchor Court") and Collins & Aikman Products Co. for the property at 47785 West Anchor Court, Plymouth, Michigan, is hereby approved subject to agreement between the Debtors and Anchor Court regarding, or Court resolution of, the cure amount and adequate assurance issues in connection therewith. A hearing, if necessary, with respect to such issues shall be held before the Court on June 2 L 2007. 26. Notwithstanding anything to the contrary in this Order or in the Asset Purchase Agreement or the Amendment thereto, the Letter of Intent dated November 3, 2006 between Dow Automotive and Collins & Aikman Corporation, the associated blanket purchase orders and any releases thereunder regardless of the duration thereof (collectively, the "Dow Agreements") and any pre -payments or credits relating to products sold by The Dow Chemical Company or its subsidiaries and affiliates under the Dow Agreements shall be Excluded Assets as of the Closing Date and the Sellers shall immediately advise Dow and its counsel of the 18 K&F nnyunsr. Closing Date. However, if the Sellers purchase, and have paid for, products from Dow prior to the Closing Date and such products are in transit as of the Closing Date, Dow shall not be obligated to stop the transit of such products, the Sellers shall only be permitted to seek recovery of the pre -payment for such products from the Purchaser, and Dow shall not have any liability to return the pre -payment for such products to the Sellers. 27. Notwithstanding anything in the Motion, the Purchase Agreement or this Order to the contrary, the Debtors shall not sell any of the assets that are the subject of that certain Master Lease Agreement between General Electric Capital Corporation and Becker Group, Inc. dated May 7, 1993 and all schedules and addenda thereto (as such Master Lease Agreement or schedules or addenda thereto have been amended, supplemented, modified or renewed from time to time), pursuant to the relief granted in this Order. 28. The Debtors and General Electric Capital Corporation ("GECC") will jointly engage, and each will pay 50% of the fees and expenses of, an appraiser mutually acceptable to the Debtors, GECC and JPMorgan Chase Bank, N.A., as agent fur the Debtors' prepetition secured debtholders ("JPMC") (an "Acceptable Appraiser") to determine the value of assets that are the subject of the alleged sale and leaseback transactions memorialized by Master Lease Agreements dated August 7, 2001, December 20, 2001 and June 25, 2004 and the Guarantee and General Security Agreement dated as of October 8, 2003 between Collins Aikman Automotive Canada, Inc. and GECC included in the Sale at the mean of orderly liquidation value and fair market value in use (the "Soft Trim MLA Value"); and GECC will receive the Soft Trim MLA Value from the Net Proceeds of the sale of the Business; provided, that, "Net Proceeds" in this Paragraph shall mean proceeds received net of (a) the cost to market 19 Ahli uxsu 731, and sell the equipment and (b) the expenses of sale and related taxes. No other costs shall be deducted from the proceeds of sales in the determination of "Net Proceeds" for this Paragraph. 29. Notwithstanding anything to the contrary in paragraph 28 of this Order, the Soft Trim MLA Value can be determined upon mutual agreement of the Debtors, the JPMC and GECC. 30. Notwithstanding anything herein to the contrary, the Sale shall not include the Hermosillo Facility (as defined below) or any of the assets located at the automotive parts facility in Hermosillo, Sonora, Mexico in which Collins & Aikman Automotive Hermosillo, S.A. de C.V. agreed to act as GE Capital de Mexico, S. de R.L. de C.V.'s agent in the construction thereof in which GECC and certain affiliates has an interest (the "Hermosillo Facility") pursuant to certain agreements entered into between the Debtors and certain of their affiliates and GECC and certain of its affiliates. 31. Notwithstanding anything to the contrary in the Purchase Agreement or this Order, the insurance agreements between the Sellers and (a) Mt. McKinley Insurance Company (formerly known as Gibraltar Casualty Company) and Everest Reinsurance Company (formerly known as Prudential Reinsurance Company), (b) Fireman's Fund Insurance Company, National Surety Company and (c) members of the ACE Group of Companies, including without limitation ACE American Insurance Company, Westchester fire Insurance Company and ACE International Reinsurance Company, Ltd., shall not be assumed and assigned to the Purchaser Linder the Purchase Agreement, and no right in or under such insurance agreements shall be transferred to the Purchaser. 32. For a period ending on the later of(a) the closing ofthe Bankruptcy Case and (b) seven years alter the Closing Date (or such longer period as may be required by any 20 KLF I ISiU175.t. ongoing claim), the Purchaser shall allow the members of the ACE Group of Companies, including without limitation, ACE American Insurance Company, Westchester Fire Insurance Company and ACE International Reinsurance Company, Ltd., (collectively, "ACE") at ACE's sole cost and expense, reasonable access during normal business hours, and upon reasonable advance notice, to all books, records, real property and personal property that constitute Purchased Assets and that is or may be subject to a claim under any insurance policy between the Sellers and ACE to the extent such items are in the Purchaser's possession or under the Purchaser's control. 33. The contracts or leases with the Village of Rantoul, Lear Corporation, TR Associates, LLC and Becker Properties LLC listed on the Contract and Cure Schedule were listed in error and the contracts or leases with the Village of Rantoul, Lear Corporation, TR Associates, LLC and Becker Properties LLC are not implicated by and are not being assumed in connection with the Sale. 34. The liens, if any, ofthe City of Evart, Michigan arising under Michigan or local law shall attach to the sale proceeds in the same validity, extent and priority as were attached to the Purchased Assets immediately prior to the transaction, subject to any rights, claims and defenses of any party with respect thereto. 35. This Court retains jurisdiction over any matter or dispute arising from or relating to the implementation of this Order as well as to enforce and implement the terms and provisions of the Purchase Agreement, all amendments thereto, any waivers and consents thereunder, and each of the agreements executed in connection therewith in all respects, including, but not limited to, retaining jurisdiction to (a) compel delivery of the Assets to the Purchaser, (b) resolve any disputes arising under or related to the Purchase Agreement, except as 21 KLI; 118101751. otherwise provided therein, (c) interpret, implement, and enforce the provisions of this Order, and (d) protect the Purchaser against any Interests in the Debtors, the Assets, or the Assumed Contracts, of any kind or nature whatsoever, attaching to the proceeds of the Transactions. 36. Nothing contained in any plan confirmed in these cases or any order of this court confirming such plan shall conflict with or derogate from the provisions of the Purchase Agreement or the terms of this Order. 37. The transactions contemplated by the Purchase Agreement are undertaken by the Purchaser in good faith, as that term is used in section 363(m) of the Bankruptcy Code. Accordingly, the reversal or modification on appeal of the authorization provided herein to consummate the Transactions shall not affect the validity of the Transactions as to the Purchaser, except to the extent such authorization is duly stayed pending such appeal prior to such consummation. The Purchaser is a purchaser in good faith of the Assets and the Assumed Contracts and is entitled to all of the protections atTorded by section 363(m) of the Bankruptcy Code. 38. The terms and provisions of the Purchase Agreement, the Ancillary Agreements, and this Order shall be binding in all respects upon, and shall inure to the benefit of; the Debtors, their estates, and their creditors, shareholders and other parties in interest, the Purchaser, and its alliliates, successors and assigns, and shall be binding in all respects upon any atlected third parties including, but not limited to, all non -debtor parties to Assumed Contracts and persons asserting Interests in the Assets and Assumed Contracts to be sold or assigned to the Purchaser pursuant to the Purchase Agreement, in all cases notwithstanding any subsequent appointment of any trustee(s) or similar party under any chapter of the Bankruptcy Code, as to which trustee(s) or similar party such terms and provisions likewise shall be binding. The 22 ASL I IMUI]+L Purchase Agreement shall not be subject to rejection. The obligations of the Debtors and their estates under the Purchase Agreement, the Ancillary Agreements, and this Order shall be fully assumed by the successor or successors to the primary assets of the Debtors pursuant to any plan of reorganization or liquidation for the Debtors, currently contemplated to be the Post - Consummation Trust pursuant to the Debtors proposed chapter I I plan. 39. No bulk sales law or any similar law of any state or other jurisdiction applies in any way to the Sale. 40. Nothing in this Order or the Purchase Agreement releases or nullifies any liability to a governmental entity under police and regulatory statutes or regulations that any entity would be subject to as the owner or operator of property after the date of entry of this Order. 41. As of the Closing of the Purchase Agreement, all Designated Chapter 5 Causes of Action are deemed released with prejudice. 42. The failure specifically to include any particular provision ofthe Purchase Agreement in this Order shall not diminish or impair the effectiveness of such provision, it being the intent of the Court that the Purchase Agreement be authorized and approved in its entirety. Likewise, all of the provisions of this Order are nonseverable and mutually dependent. 43. The Purchase Agreement and any related agreements, documents or other instruments (including the Ancillary Agreements) may be modified, amended, or supplemented by the parties thereto, in a writing signed by all parties, and in accordance with the terms thereof, without further order of the Court, provided that any such modification, amendment, or Supplement does not have a material adverse effect on the Debtors estates. 23 K&E; 116101754 44 This Order constitutes a final and appealable order within the meaning of 28 U.S.C. § 158(a). Notwithstanding Bankruptcy Rules 6004(h) and 6006(d), and to any extent necessary under Bankruptcy Rule 9014 and Rule 54(b) ofthe Federal Rules of Civil Procedure, as made applicable by Bankruptcy Rule 7054, the Court expressly finds that there is no just reason for delay in the implementation of this Order, and expressly directs entry ofjudgment as set forth herein. Signed on June 11, 2007 24 K&H I B51117$ L /s/ Steven Rhodes Steven Rhodes O. Chief Bankruptcy Judge Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.H. Director Division of Water Quality August 7, 2006 COLLINS & AIKMAN - LANDFILL ATTN: JACK DAVIS, OR SUCCESSOR BOX 669 PO BOX 580 OLD FORT, NC 28762 Subject: NPDES Stormwater Permit Renewal Collins & Aikman - Landfill Permit Number NCS000359 Mcdowell County Dear Permiuee: Your facility is currently covered for stomrwater discharge under NPDES Pemtit NCS000359. This permit expires on <<<File Missing>9:48:46 AM<unknown>>>. North Carolina Administrative Code (15A NCAC 2h1.0105(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 supplemental information will constitute your application for renewal of your permit. As staled above, the application form must be completed and returned along with all requested information by October 31, 2006 in order for the permit to be renewed by <<<File Missing>9:48:46 AM<unknown>>>. Failure to request renewal by October 31, 2006 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stomiwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Pennitting Unit cc: Central Files S to rmwa ler-Re nnitting � Un i t-Files Asheville Regional Office N(ZhCarolina �1trrrnllp North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service InterneC www.newateraualitv.mlt location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50 % Aecycledl10% Post Consumer Paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary.:.., Gregory J. Thorpe, Ph.D., Acting Director March I, 2002 Mr. Jack Davis Collins & Aikman Box 669 Old Fort, NC 28762 N 'Im IL Im wE` OR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000359 Collins & Aikman - Landfill McDowell County Dear Mr. Davis: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000359, 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 .I and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stormwater 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 III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please lake notice this permit is not transferable. Part III, 13.2. 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. 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 If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, for GregoryJ. Thorpe cc: Mr. Roger O. Pfaff, EPA Asheville Regional Office Stormwater and General Permits Unit Central Files S W IJ 262-01 1001 NCS000359 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. I, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Collins & Aikman Products Co. is hereby authorized to discharge stormwater from a facility located at Collins & Aikman — Landfill SR. 1240 Old Fort, NC McDowell County to receiving waters designated as Brevard Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111, IV, V and VI hereof. This permit shall become effective April 1, 2002. This permit and the authorization to discharge shall expire at midnight on March 31, 2007. Signed this day March I, 2002 r" ' GINAI S1S '77 7,7 Wii i IAMC. ViLtS for Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000359 r TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers H Permit No. NCS000359 I 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 Permit No. NCS000359 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 Pemvt No. NCS000359 -i SECTION C: LOCATION MAP �f \T AW 8 Cam. a�- • J� U V I v Il "sue—= � ... T C'J • ° / •F+ / - G River ua �„►,...�,- ��i� � �i `,c :�� 1 G� / �\��,� _ `J ��rl� i. _ 111✓ - �I �I ..� 'Jia�-�✓j��� �_�1 �95~. `�\/! j i:l �I �'.t'1 1/ ` lo _— _ � f /� ` � �,�✓� '� �, 1. � -�° � s( ^�{'S '• ` %�1'.. _ �'� / !1�--''�`�'�.. -.'� �_Y �:1f ..fir ,•, �, /)o_�.a Part I Page 2 of 2 Permit No. NCS000359 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 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: Part 11 Page I of 6 Permit No. NCS000359 (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated , stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Part 11 Page 2 of 6 Permit No. NCS000359 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 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 penmittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in addition to facility inspections. 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. Part 11 Page 3 of 6 Permit No. NCS000359 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the pennittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. rr,.t.t,. 1 A Mnnitnrinv Rennirements i Dischar a 4* g _ = rb "Measuiement�Fre uenc't q y-, Sam le i5 p Sample ri "3,H tom. N `. 5 i., r 3< :}€r tom` *,'�� fps i, ,€ ; z f TYpe2= "6 �r -o,r ., 1Locatlon3l Characteristics', ..... s?wntts. ,. , = r,5f��_fj5. +� _°. _ . . Annually year 1, 2, 3 Grab SDO pH su Quarterly year 4 Total Rainfall4 inches Annually year 1, 2, 3 Quarterly Year 4 Annually year 1, 2, 3 Event Duration4 minutes Quarterly ear 4 Total Flow4 MG, Annually year 1, 2,3 SDO Quarterly ear 4 Footnotes: - 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) 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. Part 11 Page 4 of 6 Permit No. NCS000359 Table 2 Monitoring schedule Year l I April 1, 2002 March 31, 2003 Year') 2 April 1, 2003 March 31, 2004 Year 3 3 April 1, 2004 March 3 t, 2005 Year 4 - I" quarter 4 April 1, 2005 June 30, 2005 Year 4 - 2°' quarter 5 July 1, 2005 September 30, 2005 Year 4 - 3" quarter 6 October 1, 2005 December 31, 2005 Year 4 - 4" quarter 7 January 1, 2006 March 31, 2006 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 Dtscharge�Charactertstres u,rx TF', I requencyMomtortngt F s %sak a. Locatwnl 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: Part 11 Page 5 of 6 Permit No. NCS000359 I 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 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 7 analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). T bl 4 Anal tical Monitoring Requirements for On -Site Vehicle Maintenance a e y lltschar a Chacactenstres g '`zUmtsxp s �Measurementt�,Sample� '� '¢Sainple3F f f. r y wr E I x §Fie uenC tl T..Y { t= .n .42f�axIoeatfon3fi. standard Annually year 1, 2, 3 Grab SDO PH Quarterl ear 4 Oil and Grease mg/I Annually year 1, 2, 3 Grab SDO narterl ear4 Total Suspended Solids mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month Annually year 1, 2, 3 Estimate Quarterly year 4 Total Flow4 MG Annually year 1, 2,3 Grab SDO Quarterlyear 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4� year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 Permit No. NCS000359 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: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. 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 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The pemtittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. _ b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 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 $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes I43- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $ 11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page 1 of 8 Pages Permit No. NCS000359 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part I11, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance 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. 9. Duty to Provide Information The perminee 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. NCS000359 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the 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. 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) 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 grogs annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, 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. NCS000359 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part Ill Page 4 of S Pages Permit No. NCS000359 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 Samoline 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 pemtit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages Permit No. NCS000359 Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 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 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. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages Permit No. NCS000359 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 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages Permit No. NCS000359 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. NCS000359 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. 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 I of 5 Permit No. NCS000359 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or 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 System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a nuneral 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. NCS000359 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls; the DWQ may grant representative outfall status. Representative outfall status allows the 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 III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000359 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) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with Stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Rung 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 slormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce Stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining tothe 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. NCS000359 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 Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director December 3, 2001 JACK DAVIS COLLINS & AIKMAN INC-OLD FORK BOX 669 OLD FORT, NC 28762 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 Subject: NPDES Stormwater Permit Renewal Collins & Aikman Inc -Old Fork Permit Number NCS000359 Mcdowell County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000359. This permit expires on February 28, 2002. North Carolina Administrative Coe (15A NCAC 2H.0I05(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. Although not required, it is the Division practice to send out a reminder notice, but due to a changeover in our computer databases, your reminder notice was not sent. That does not releive you of the responsibility to file a timely renewal notice. However, we will work with you to assure your continued coverage under your permit. You must apply to the Division of Water Quality (DWQ) for renewal of your permit by January 7, 2002. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing theapplication 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 January 7, 2002 in order for the permit to be renewed by Frebruary 28, 2002. Failure to request renewal by January 7, 2002 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Alfirmative Action Employer 50 % recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. James D. Moore Collins & Aikman Products Co. Corporate Engineering P.O. Box 32665 Charlotte, NC 28232 Dear Mr. Moore: [DEHNFit February 14, 1997 Subject: Permit No. NCS000359 Old Fort Landfill McDowell County In accordance with your application for a stormwater discharge permit received on August 22, 1997, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. The certificate of coverage currently held by this facility , NCG 1200048, is rescinded concurrently with the issuance of this permit. 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 II, 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 Ms. Aisha Lau at telephone number 919/733-5083. Sincerely, OP1;iNA5 'Qlr vz ) 5Y BRADLEEY eTHNEr A. Preston Howard, Jr, P. E. cc: Mr. Roger O. Pfaff, EPA Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000359 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, Collins & Aikman Products Co. is hereby authorized to discharge stormwater from a facility located at Collins & Aikman Products Co. Landfill State Road 1240 Old Fort McDowell County to receiving waters designated as Brevard Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 11I. and IV hereof. This permit shall become effective March 1, 1997. This permit and the authorization to discharge shall expire at midnight on February 28, 2002 Signed this day February 14, 1997. ER�CiY E^Si't'T A. Preston Howard, Jr., P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Page 1 Permit No. NCS000359 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 IL Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Page 2 412 reen C /::• Permit No. NCS000359 0 46 -- \. G —� \ A GATAW <p SanCD le , 70 FEET it 82°07'30" 199 'o0 1080000 FEET. 'Ol 5• ` \y Mapped, edited, and published by the Geological Survey 1 ft\�,5' Control by USGS. NOS/NOAA, and State of North Carolina agencies Me E \'a Topography by photogrammetric methods from aerial photographs . 1 ,cN taken 1978. Field checked 1978. Map edited 1985 Projection and 10,000-fool rid ticks: North Carolina coordinate —s I g 99 MILS 1pMiL9 system (Lambert conformal conic) 3000-meter Universal Transverse Mercator grid. zone 17 1927 North American Datum To place on the predicted North American Datum 1983 move the projection lines 9 meters south and UTM. GRID AND 1990 MAGNETIC NORTH 14 meters west as shown by dashed corner ticks DECLINATION AT CENTER OF SHEET Red tint indicates area in which only landmark buildings are shown There may be private inholdings within the boundaries of the National or State reservations shown on this map Page 3 Permit No. NCS000359 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution 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.8. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II, Standard Conditions, Section B.9. Page 4 Permit No. NCS000359 Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring.of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 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 Page 5 Permit No. NCS000359 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. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. i. 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. 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. NCS000359 with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is 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 11, Standard Conditions, Section A), the pond shall he considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. Samples analyzed in accordance with the terms of this permit shall be submitted no later than January 31 for the previous year in which sampling was required to be performed. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. 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. NCS000359 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 l Sample T e2 Sample Location3 H standard units annually grab SDO Total Rainfal14 inches Event Duration4 minutes Total Flow4 MG SDO Footnotes: 1 Measurement Frequency: Once per year. The facility must perform analytical sampling during the first and last year of the permit 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. NCS000359 (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 during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Discharge Characteristics Cut-off Concentration H within range 6 -9 standard units Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 9 Permit No. NCS000359 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fre4uenc,y 1 Monitoring T e2 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 Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 10 Permit No. NCS000359 (4) Analytical Monitoring Requirements for Vehicle Maintenance Activities Stormwater Discharge Characteristics Units Measurement Fre uenc 2 Sample Tvce Sample Location3 H standard annually Grab SDO Oil and Grease m annually Grab SDO New Motor Oil Usage allons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 ugA annuafly Grab SDO Total Suspended Solids m annuOy Grab SDO Detergents (MBAS)6 m annuay Grab SDO Footnotes: I Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. Page I 1 Permit No. NCS000359 (5) Cut-off Concentrations for Vehicle Maintenance Activities 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 during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. tormwater Discharge Characteristics Cut-off Concentration H l within range 6.0 - 9.0 Oil and Grease < 30 m Lead, Total Recoverable < 0.33 m Total Suspended Solids < 100 m Detergents (MBAS) < 0.50 m Footnotes: I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 12 Permit No. NCS000359 SECTION B SCHEDULE OF COMPLIANCE The permittee shall comply with Final 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 this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 13 If 4 I. I Or 7 Nh , 1246 Sandpile • a I _� �. ti I. �� / A .)A P4dc1/ 41 V A) _ ' I •' '-/ 1 'rll' /..1 ram' ( �F �' "_i dam\ \ , t .t. 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