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
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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
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it
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ft\�,5' Control by USGS. NOS/NOAA, and State of North Carolina agencies Me E
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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
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IAC Old Fort, LLC
Latitude: 350 37' 51" N
Longitude: 820 07' 13" W
County: McDowell
Receiving Stream: Brevard Creek
Stream Class: C
Sub -basin: 03-08-30 (Catawba River Basin)
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