Loading...
HomeMy WebLinkAboutNCS000385_COMPLETE FILE - HISTORICAL_20161116NORTH CAROLINA r� Department of Environmental Qual STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. DOC TYPE ❑ COMPLETE FILE - HISTORICAL DATE OF RESCISSION ❑ 02 /I /41 YYYYMMDD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Ms. Geri Gashkoff DSM Funtional Materials 1122 St. Charles Street Elgin, 11- 60120 Dear Ms. Gashkoff. PAT MCCRORY DONALD R. VAN DER VAART TRACY DAVIS November 16, 2016 Meeclor RECEIVED NOV 2 3 M6 GENTRAL FILES ')WR SECTION Subject: Rescission of NPDES Stormwater Permit Permit Number NCS000385 DSM Functional Materials Guilford County On October 14, 2016, the Division of Enemy, Mineral and Land Resources received your request to rescind your NPDES Stormwater Permit Number NCS000385. In accordance with your request, Stormwater Permit Number NCS000385 is rescinded effective immediately. Operating; a treatment facility, discharging; wastewater or discharging; specific types of stormwater to waters of the State without valid coverage under an NPDES permit is against federal and state laws and could result in tines. If something changes and your facility would again require stormwater or wastewater discharge permit coverage, you should notify this office immediately. We will be happy to assist you in assuring; the proper permit coverage. If the facility is in the process of being, sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact us at 919-707-9220, or the Stormwater staff in our Regional Office (336) 776-9800. Sincerely, for Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral and Land Resources cc: Winston-Salem Regional Office ormwater Permitting Program Central Files State of North Carolina 11.nvironmentnl Quality 11Snergy, Mineral and Land Resources 1012 Mail Service Center 1 512 North Salisbury Strect I Raleigh, Nordt Carolina 27699-1612 919 707 9220 T FOR AGENCY USE ONLY • . Division of E-nergy, A7ineral S Land Resources Date Received Land Qualitp Sect ionlStormwater Permitting Program Year Month Da HCDENRNational Pollutant Discharge Elimination System N-11 Cf HOB D!✓P 1 7 OF C»wncnrewr wo Naunk Fe]ouncr+ RESCISSION REQUEST FORM Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or} Certificate of Coverage N I C I S 1 0 0 0 3 8 5 N C G 2) Owner/Facility Information: "Final correspondence will be marled to the address noted below Owner/Facility Name DSM Functional Materials Facility Contact Geri Geshkoff Towner contact) Street Address 1122 St. Charles Street (owner address) (Facility address 1101 S HWY 27, Stanley NC 28120) City Elgin State 1 _ ZIP Code Fnt,?n County _ Facility is in Gaston county E-mail Address Geri Gashkoff@ricm com Telephone No. _g_gZ 6 Fax: 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ® Facility closed or is closing on �� . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to on r___ . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: RECEIVED 1 4) Certification: DENR-LAND QUALITY STORMWATER PFRMiT77n,rr 1, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for thb subject facility. 1 am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accura Signature �)<� LC Date 10/7/2016 _Lama Pide Print or type name of person signing above Title Please return this completed rescission request form to: NPDES Permit Coverage Rescission Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1612 Mail Service Center, Raleigh, NoTlh Carolina 27699-1612 Phone: 91 M07-63001 FAX: 91 M07-6492 An Equal Opportunity 1 Affirmative Action Employer t- Date October 7, 2016 NPDES Permit NCS 000385 Rescission Dear All Contact person Laura Pirtle, SHE Manager 704.964.4837 Laura.pirtle@dsm.com 49 !: DSM BRIGHT SCIENCE. BRIGHTER LIVING. DSM Functional Materials Safety, Health and Environment 1101 S HWY 27 28164 Stanley, NC DSM Functional Materials, located at 1101 South Highway 27 in Stanley NC, has ceased operations. Production ceased on June 30, 2016. All chemicals and wastes have been removed from the premises, and have been properly destroyed. NCDEQ Hazardous Waste Branch (Sean Morris) performed a waste closure inspection on 9/30/2016. No sources for contamination were noted in the inspection. A permit recission request form is attached. The owner contact for future correspondence is Geri Gashkoff, 1122 St. Charles Street, Elgin IL 60120. DSM Dyneema will continue as a tenant in the facility. They are a non -production facility (testing and research). The environmental representative for DSM Dyneema will be Natalie Brown (Natalie. Brown@dsm.com). Kind egards �I,adra� Pirtle SHE Manager Cc Geri Gashkoff Natalie Brown attachment I., RC -CRIED I OUT 14 2016 DENR-LAND QUALITY STORMWATER PERMITTING. HEALTH • NUTRITION • MATERIALS Energy, Mineral and Land Resources ENVIRONMENTAL OUALITV Ms. Geri Gashkoff DSM Funtional Materials 1122 St. Charles Street Elgin, IL 60120 Dear Ms. Gashkoff: PAT MCCRORY (]rn-ernor DONALD R. VAN DER VAART TRACY DAVIS November 16, 2016 vif-vor Subject: Rescission of NPDES Stormwater Permit Permit Number NCS000385 DSM Functional Materials Guilford County On October 14, 2016, the Division of Energy, Mineral and Land Resources received your request to rescind your NPDES Stormwater Permit Number NCS000385. In accordance with your request, Stormwater Permit Number NCS000385 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPI)ES permit is against federal and state laws and could result in Fines. If something changes and your facility would again require stormwater or wastewater discharge permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the proper permit coverage. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact us at 919-707-9220, or the Stormwater staff in our Regional Office (336) 776-9800. Sincerely; ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral and Land Resources cc: Winston-Salem Regional Office Stormwater Permitting Program Central Files Slate of North Carolino I Environmental Qualily I Eneogy, Mineral and Land Resources 1012 Mad Service Center � 512 North Salisbury Succl I Knlcigh, North Carolina 27699-1612 919 707 9220 T • , Division of Energy, Mineral & Land Resources land QLIRlity Section/Stormwater Permitting Program NC®ENR National Pollutant Discharge Elimination System NrnYrl CUE04ww (kl.wRl yCMI Or CHvint;nnirrt wNG N�unwu R[naunccx RESCISSION REQUEST FORM FOR AGENCY USE ONLY Date Received Year Month Da Please fill out and return this form if you no longer need to maintain your NPDES Stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage :N' C "5? 0 0 0 3 8 5 N- �C i. G 2) Owner/Facility Information: ' Final correspondence will be marled to the address noted below Owner/Facility Name DSM Functional Materials Facility Contact Geri „Gashkoff (owner porttact) _ Street Address 1122 St. Charles Street (owner address) (Facility address 1101 S HWY 27, Stanley NC 28120) City Elgin �. _ State 11 _ ZIP Code 5n?n County Facility is in Gaston county E-mail Address Geri Gashkoff@rIgM rnm Telephone No. 8476 9558� Fax: 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ® Facility closed or is closing on r7,5- . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to r:�•_e; ,,4 one . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: IC 41 Certification: DENR-BIND QUALITY STORPAWATER PERM1 r~ ,, 1, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accura Signature �L- 1 Date 10/712016 Laura S- Pirtle _ _ _SHE Mannell: Print or type name of person signing above Title Please return this completed rescission request form to: NPDES Permit Coverage Rescission Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Phone: 91 U07-63001 FAX: 91 U07-6492 An Equal Opportunity 1 Affirmative Action Employer Ipll�l�� ti ��ms J Date October 7, 2016 NPDES Permit NCS 000385 Rescission Dear Ali Contact person --Laura Pirtle, SHE Manager 704.964.4837 Laura. pirtie 9dsm.com DSM BRIGHT SCIENCE, BRIGHTER LIVING. DSM Functional Materials Safety, Health and Environment 1101 S HWY 27 28164 Stanley, NC DSM Functional Materials, located at 1101 South Highway 27 in Stanley NC, has ceased operations. Production ceased on June 30, 2016. All chemicals and wastes have been removed from the premises, and have been properly destroyed. NCDEQ Hazardous Waste Branch (Sean Morris) performed a waste closure inspection on 9/30/2016. No sources for contamination were noted in the inspection. A permit recission request form is attached. The owner contact for future correspondence is Geri Gashkoff, 1122 St. Charles Street, Elgin IL 60120. DSM Dyneema will continue as a tenant in the facility. They are a non -production facility (testing and research). The environmental representative for DSMDyneema will be Natalie Brown (Natalie. Brown@dsm.com). Kind eAiatrd-_(r gl.aQa't SHE Manager Cc Geri Gashkoff Natalie Brown attachment OUT 142016 DE" -LAND QUALITY STORMWATER PERMITTING, HEALTH • NUTRITION • MATERIALS Alexander. Laura. From: Khan, Zahid Sent: Wednesday, November 16, 2016 9:41 AM To: Alexander, Laura Subject: FW: Rescission Request NCS000385 Gaston County Attachments: NCS000385_DSM Functional Materials -Rescission Request_IN5P 11-9-16.pdf; S K M_C224e16101712270. pdf Recommendation for Rescission. Thanks Zahid From: Keen, Holliday V Sent: Monday, November 14, 2016 3:33 PM To: Khan, Zahid <zahid. khan@ncdenr.gov> Subject: RE: Rescission Request NCS000385 Gaston County I recommend that this rescission request be approved. After inspecting this facility, they have removed any material storage that could potentially affect stormwater. Holliday Keen Environmental Specialist Land Quality Section, Mooresville Regional Office Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: 704-235-2148 Email: Holliday. Keen(d_NCDENR.gov From: Khan, Zahid Sent: Tuesday, October 18, 2016 8:25 AM To: Keen, Holliday V <holliday.keen@ncdenr.eov> Subject: FW: Rescission Request NC5000385 Gaston County Halliday, Deadline 11/10/16 Hard copy is in your inbox. From: Alexander, Laura Sent: Monday, October 17, 2016 1:00 PM To: Khan, Zahid <zahid.khan@ncdenr.gov> Subject: Rescission Request NCS000385 Gaston County Good Afternoon Zahid, Attached is a rescission request. Thank you, Laura Alexander Permit: NGS000385 SOC: County: Gaston Region: Mooresville Contact Person: Laura Pirtle Directions to Facility: System Classifications: Primary ORC; Secondary ORC(s): On -Site Representative(s): Related Permits: Compliance Inspection Report Effective: 02/01/09 Expiration: 01/31/14 Owner: Dsm Functional Materials Effective: Expiration: Facility: DSM Functional Materials 1 1101 S Hwy 27 Inspection Date: 11/09/2016 Primary Inspector: Holliday Keen Secondary Inspector(s): Title: Entry Time: 08:OOAM Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: ■ Other (See attachment summary) Certification: Stanley NC 28164 Phone: 704-862-5020 Phone: Exit Time: 08:30AM Phone: Inspection Type: Technical Assistance Page: 1 Permit: NGS000365 Owner • Facility: ism Functional Materials Inspection pate: 11/09/2016 Inspection Type : Technical Assistance Reason for Visit: Routine Inspection Summary: This inspection was conducted per request to rescind the stormwater permit number covering this facility. All materials have been removed and there are no stored materials on site that could potentially affect stormwater coming from this site. I recommend that this rescission request is granted. Page: 2 t Permit Number NCS000385 FACILITY NAME: DSM Functional Materials 1101 Highway 27 South Stanley, NC 28164 PERSON COLLECTING SAMPLE(S) Laura Pirtle STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT RECEIVED AUG 10 Z015 CENTRAL FILES CERTIFIED LABORATORY(S) Pace Analytical Lab9Zi�4391ION SAMPLES COLLECTED DURING CALENDAR YEAR: 2015 (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) Part A: Specific Monitorinl? Requirements (reporting frequency is semi-annual) COUNTY: Gaston PHONE NO. j704) 862-5020 S vs - (SIGN TURE OF PERMITTEE OR DESIGNEE) By this signature, i certify that this report is accurate complete to the best of my kno%vledge. Outfall No. Date Sample Collected Total Suspended Solids pH Total Rainfall Unit Measure mo/dd/vr m /L Standard unit Inches Benchmark Values 100 mg/L 6-9 Rain Gauge Report Value 6.7 1 .15 Outfall No. 1 07/14/15 31.2 Outfall No. 2 07/24/15 1 ND 1 6.9 1 .38 Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes XX no (if yes, complete Part B) Part B: Vehicle Maintenance Activitv Monitoring Requirements Outfall No. Date Sample Collected 50050 00556 00530 00400 Total Flo%v (if applicable) Total Rainfall oil & Grease Total Suspended Solids pH Ne-,v Motor Oil usage mo/dd/vr MG inches m /I m /I unit al/mo NOT APPLICABLE Form SWU-247-112608 Page 1 of 2 Wrtl Functional Materials Permit Number: NCS000385 STORM EVENT CHARACTER[STICS: Outfall 1 (Roof) Date: 7-14-15 Total Event Precipitation (inches):.15 Event Duration (hours): (only if applicable see permit.) Not applicable (if more than one storm event was sampled) Outfall 2 (Tank Farm/Manual Dischart=_e) Date 7-24-15 Total Event Precipitation (inches):.38 Event Duration (hours): _N/A (only if applicable — see permit Mail Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-16 17 "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 inquire 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." � 13��� (Dat ) Nakia Isler, Plant Manager Farm S W U-247-112608 Page 2 of 2 > r . Permit Number NCS000385 FACILITY NAME: DSM Functional Materials 1101 Highway 27 South Stanley, NC 28164 i STORMWATER DISCHARGE OUTFALL (SDO) h �� f j Od- Ad I q MONITORING REPORT 4 SAMPLES COLLECTED DURING CALENDAR YEAR: 2015 (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) RECEIVED PERSON COLLECTING SAMPLE(S) Alicia Denlin er MAR 4 4 21715 CENTRAL FILES CWR SECTION CERTIFIED LABORATORY(S) ChemTreat Lab # 15-02-02-41 Part A: Specific Monitoring Requirements (reporting frequency is semi-annual) COUNTY: Gaston PHONE NO. (704) 862-5050 (SIGNATURE OF PERMITTEE OR NEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. am�r� Outfall No. Date Sample Collected 11 Total Suspended Solids pH Total Rainfall Unit Measure mo/dd/yr m /L Standard unit Inches Benchmark Values 100 mg/L C"- 9 Rain Gauge Report Value Outfall No. 1 1-23-15 1.0 8.5 ! � l Outfall No. 2 1 1-26-15 J <1.0 8.2 1.3 Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes XY no (if yes, complete Part B) Part B: Vehicle Maintenance Activity Monitoring Requirements Outfall No. Date Sample Collected 50050 00556 00530 00400 Total Flow (if applicable) Total Rainfall Oil & Grease Total Suspended Solids pH New Motor Oil Usage mo/dd/ r MG inches MP'/1 m /I unit al/mo NOT APPLICABLE Form SWU-247-1 12608 Page 1 of 2 Dr,)M-Funct.1onal Materials Permit Number: NCS000385 STORM EVENT CHARACTERISTICS- Outfall 1 (Roo) Date: 1-23-15 Total Event Precipitation (inches):.1 Event Duration (hours): (only if applicable — see permit.) Not applicable (if more than one storm event was sampled) Outfall 2 (Tank FarmfManual Discharge) Date 1-27-15 Total Event Precipitation (inches):.3 Event Duration (hours): NIA (only if applicable — see permit.) Mail Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "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." -�Iqi 4�LU DSM F6nctional Matefials Paul McGowan, Site Manager (Date) Form S WU-247-1 12608 Page 2 of 2 C1 44, Permit Number NCS000385 FACILITY NAME: DSM Functional Materials 1101 Highway 27 South Stanley, NC 28164 PERSON COLLECTING SAMPLE(S) Laura Pirtle STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT CERTIFIED LABORATORY(S) NIA Lab st NA - SAMPLES COLLECTED DURING CACENkA YEAR: 2016 (This monitoring report shall he received b3lhwDiviiss�ion no later than 30 days from the date the facility receives the sampling resulfs+fr�om thellaboratory.) RECPIV�© GAf 0",0, AUG 0 9 2016 CENTRAL FILES COUNTY: Gaston DWR SECTION PHONE i SIC By this com nlet4 Part A: Specific Monitoring Requirements (reporting frequency is semi-annual) . (704) 862-502 OF PERMITTE1, OR DESIGNEE) ure, I certify that this report is accurate c best of my knoFrlcdge. Outfall Date No. Sample Collected Total Suspended Solids pH Total Rainfall Unit Measure mo/dd/ yr m L Standard unit Inches Benchmark Values 100 mg/L 6-9 iRepbrt Rain Cauge Value Outfall No. i none - , D Insignificant rainfall during business hours; no sample could be obtained for period Outfall No. 2 none - 46 F!a Insi nificant rainfall during business hours: no sample could be obtained for period Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes XX no (if yes, complete Part B) Part B: Vehicle Maintenance ActiYih, Monitoring Requirements Outfall Date 50050 00556 00530 00400 No. Sample Total Flare Total Oil & Total PH New Motor Collected (if applicable) Rainfall Grease Suspended Oil Usage Solids mo/dd/ ,r MG inches m /1 mg/1 unit al/mo NOT APPLICABLE Form S W U-247-1 12608 Page I of 2 dr , DSM Functional Materials Permit Number: NCS000385 STORM EVENT CHARACTERISTICS: Date: NA Insignificant rainfall during business hours; no sample could be obtained for period Total Event Precipitation (inches): Event Duration (hours): (only if applicable see permit.) (if more than one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): (on]), if applicable — see permit.) Mail Original and one cope to: Division of Water Quality Attn: Central Files 16I7 Mail Service Center Raleigh. North Carolina 27699-1617 "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." (Datr) Nakia Isler, Site Manager Form SWU-247-1 12608 Page 2 of 2 .' STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number NCS000385 FACILITY NAME. DSM Functional Materials 1101 Highway 27 South Stanley, NC 28164 PERSON COLLECTING SAMPLE(S) Laura Pirtle CERTIFIED LABORATORY(S) Pace Analytical Lab # 92104337 SAMPLES COLLECTED DURING CALENDAR YEAR: 2016 (This monitoring report shall be received by the Division no later than 30 days from the date the facility, receives the sampling results from the laboratory.) RECEIVED COUNTY: Gaston CENTRAL FILES PHONE NO. (704) 862-5020 DWR SECTION (SIGNATUR .RMiTTEE OR DESIGNEE) By this signature, I certify that this report is accura`� complete to the best of my knowledge. Part A: Specific Monitoring Requirements (reporting frequenev is semi-annual) Outfall Date Total PH Total No. Sample Collected Suspended Rainfall Solids Unit Measure mo/dd/vr m IL Standard unit Inches Benchmark Values 100 mg/L 6-9 Rain Gauge Re ort Value ,w. Outfall No. I 1 1/15/16 1 ND 16.5 0.91 Outfall No. 2 1/15/16 1 50.6 17.5 10.93 Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month`? _yes XX no (if yes. complete Part B) Part B: Vehicle Maintenance Activity Monitoring Requirements Outfall No. Date Sample Collected 50050 00556 00530 00400 Total Flw�i- (if applicable) Total Rainfall Oil & Grease Total Suspended Solids PH New Motor Oil Usa f;e mo/ddhyr MG inches m /I m /I unit al/mo NOT APPLICABLE Form S W U-247-1 12608 Page] of 2 DSM Functional Materials Permit Number: NCS000385 STORM EVENT CHARACTERISTICS: Date: 1/15/2016 Total Event Precipitation (inches): 0.93 Event Duration (hours): (only if applicable — see permit.) (if more than one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable -- see permit.) Mail Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "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." DSM Funet anal Materials Nakia Isler, Site Manager aq� (Date) Form SWU-247-1 12608 Page 2 of 2 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number NCS000385 FACILITY NAME: DSM Functional Materials 1101 Highway 27 South Stanley, NC 28164 PERSON COLLECTING SAMPLE(S) Alicia DenlinRer CERTIFIED LABORATORY(S) Pace Analytical Lab # 92104337 SAMPLES COLLECTED DURING CALENDAR YEAR: 2014 (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) Part A: Specific Monitoring Requirements (reporting frequency is semi-annual) R�CEIVED COUNTY: Gaston JUL 18 'T'14 PHONE No. 704 862-5069 CENTIRALFILE,fS DM1$DG 'AfP /1) (SIGNATURE OF PVRMITTEE OR DESIGNEE) By this signature. I certify That this report is accurate complete to the hest of my knowledge. Outfail No. Date Sample Collected Total Suspended Solids pH Total Rainfall Unit Measure mo/d d/yr m /L Standard unit Inches Benchmark Values. [Offmg/L 6 - 9 Rain Gauge Report Value "Outfall 1 5/18/14 ND 5.4 1 , a Outfall No. 2 1 6/24/14 b "? 1-7, I r 5— Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? yes �X�C no (if yes. complete Part B) Part B: Vehicle Maintenance Activity- Monitoring Requirements Outfall No. —Sample Date Collected 50050 00556 _ 00530 00400 Total Flow (if applicable) Total Rainfall Oil & Grease Total Suspended Solids pH New Motor Oil Usage mohld/vr MG inches m /I m /I unit gaI/mo NOT APPLICABLE Form SWU-247-1 12608 Page I of 2 DSM Functional Materials Permit Number: NCS000385 STORM EVENT CHARACTERISTICS: Outfall 1: Date: 5/18/14 Total Event Precipitation (inches): .2 inches Event Duration (hours): NA (only if applicable —see permit.) Outfall 2: Tank Farm Containment dykes — Manual Discharge Date 6/24/14 Total Event Precipitation (inches): .5 inches Event Duration (hours): NA (only if applicable — see permit.) Mail Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center NA Raleigh, North Carolina 27699-1617 "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." 'tqO'c"I DSM Functional Materials Paul McGowan, Site Manager 11, znx 4 (Date) Forni SWU-247-112608 Pate 2 of 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary RECEIVED April 27, 2012 DIVISION OF WATER QUALITY Geri Gashkoff 1-l!-" 0 5 2012 Corporate Secretary SWP -SECTION DSM Functional Materials IMOORESVILLE REGIONAL OFFICE 1 122 St. Charles Street Elgin, IL 60120 Subject: Permit No. NCS000385 DSM Functional Materials Formerly DSM Desotech, Inc. Gaston County Dear Ms. Gashkoff: Division personnel have reviewed and approved your request to change your name under the individual permit, received on October 3, 2011. Please find enclosed the revised permit cover page. The terms and conditions contained in the permit remain unchanged and in full effect. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED BY BRADLEY BENNETT for Chuck Wakild cc: Mooresville Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-807-64941 Customer Service: 1-877-623.6748 Internet: www.ncwalerqualily.org Ullt North Carolina Naturally An Equal Opportunlly h Affirmative Action Employer STATE.OF NORTH CAROLINA DI:PAR-1-Mi N'1' OF"1vNVIRONMI N'f AND NATURAL RLSOURCE S DIVISION OF WATER QUALI"1-Y PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DSM Functional Materials is hereby authorized to discharge stormwater from a facility located at DSM Functional Materials 1 101 HWY 27 Stanley Gaston County to receiving waters designated as South Stanley Creek, a class WS-IV stream in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI hereof. This permit shall become effective April 27, 2012. This permit and the authorization to discharge shall expire at midnight on April 30, 2014 Signed this day April 27, 2012. Chuck Wakild, Director Division of Water Quality By Authority of the Environmental Management Commission NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H, Sullins Dee Freeman Governor Director Secretary April 27, 2012 Geri Gashkoff Corporate Secretary DSM functional Materials 1122 St. Charles Street Elgin, IL 60120 Subject: Permit No. NCS000385 DSM Functional Materials Formerly DSM Desotech, Inc. Gaston County Dear Ms, Gashkoff: Division personnel have reviewed and approved your request to change your name under the individual permit, received on October 3, 2011. Please find enclosed the revised permit cover page. The terms and conditions contained in the permit remain unchanged and in frill effect. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, for Chuck Wakild cc: Mooresville Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 91H07-64941 Customer Service:1.877.623.6748 Internet, www.ncwaterquality.org One NorthCarolina Na t`ut "alley An Equal Opportunity 1 AiFrmalive Action Employer STATE OFNORTH H CAROLINA DEPARTMENT OP ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE SfORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DSM Functional Materials is hereby authorized to discharge stormwater from a facility located at DSM Functional Materials 1101 HWY 27 Stanley Gaston County to receiving waters designated as South Stanley Creek, a class WS-IV stream in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI hereof. This permit shall become effective April 27, 2012. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this day April 27, 2012. Chuck W, 'ild, Director Division of Water Quality By Authority of the Environmental Management Commission W A rF o003 �� o�0 9pG Beverly Haves Perdue, Governor [Ice Freeman, Secretary > North Carolina Department of Environment and Natural Resources O -C Coleen 11. Sullins, Director Division al, Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G U 0 0 3 1 8 J5= II. Permit status prior to status change. a. Permit issued to (company name): DSM Desotech, Inc. b. Person legally responsible for permit: Geri Gashkoff First M 1 Last Corporate Secretary "Title geri.gashkoffa dsm.com Permit I lolder Mailing Address Elgin IL 60120 City State Zip (847) 608-2558 ( ) Phone Fax c. Facility name (discharge): DSM Desotech, Inc. d. Facility address: l 101 Highway 27 Address Stanley NC 28164 City State rip e. Facility contact person: Laura Pirtle (704) 862-5020 First 1 MI / Last Phone Ill. 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 other please explain-. b. Permit issued to (company name): C. P permit OCT 03 2011 d. Facility name (discharge): e. Facility address: f. facility contact person: DSM Functional Materials Geri Gashkoff First M 1 last Corporate Secretary Tille 1 122 St. Charles Street Permit i loldcr Mailing Address Elgin II, 60120 City State Zip (847) 608-2558 geri.gashkoff @dsm.com Phone E-mail Address DSM Functional Materials l 01 H ighway 27 Address Stanley NC 28164 City Statc rip Laura Pirtle First M1 Last (704) 862-5020 ]aura.pir11e a dsm.com Phone 1:-mail Address Revised 112009 I r PERMIT•-.NAMC%OWNERSHIP CHANGE FORM Page 2 of 2 [V. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Paul Mcgowan First MI Last Site Manager 'title l 101 1-1ighway 27 Mailing Address Stanley NC 28164 City State Zip (704) 862-5129 eaul.mcgowan a dsm.com Phone E-mail 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 APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ 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 change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the ease of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERM ITTEE CERTIFICATION (Permit holder prior to ownership change): I, Geri Gashkoff , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. [ 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. re APPLICANT CERTTIRCATION ,�f. 30, ,wit Date [, Geri Gashkoff 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. 4 ignature Date .................................... PLEASE SENT) THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 112009 I 97DSM 1W BRIGHT SCIENCE. BRIGHTER LIVING. D5M Functional Materials DSM Desotech Inc. 1122 St. Charles Street Elgin, Illinois 60120 USA T (847) 697-0400 F (847) 468.7717 September 30, 2011 BY PRiORITY MAIL North Carolina Department of Environment and Natural Resources Division of Water Quality Surface Water Protection 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Notification of Trade Name Designation Dear Sir or Madam: Please be advised that DSM Desotech, Inc. will be utilizing a trade name of DSM Functional Materials as regards third parties. Our legal corporation name shall continue to be DSM Desotech, Inc. and no change in the corporation or its owners shall result from this trade name designation. We are notifying you to avoid any confusion that could result from this change. Appropriate documentation required by your department has been attached to this letter. Should there be any questions, please do not hesitate to call. Sin erely, wi G ri a kof Corporate Sejary OCT 013 2011 HEALTH • NUTRITION • MATERIALS �� -;, [L�:^ ... l�..��i �(�: r- _ wi �� •'���: ..:,� 4 ,'�> � 4� r ��� .. •1 '��M •,���1 � __..� �+r. .... � -w ,1 NCS000385 O�oF W AT�-QG Q Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (ifapplicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: Facility Location: Response Requested by (Date): Central Office Staff Contact: Special Issues: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department cCEnvironntent and Nau,ral Resources Coleen F. Sullins Director Division of Waler Quality STAFF REVIEW AND EVALUATION NPDES Storrnwater Permit DSb1 Desotech Incorporated NCS000385 Stanley, NC (Gaston County) Fiber Optic Materials 2899 See Figure 1 Catawba River Basin, Sub -basin 03-08-33 WS-IV See attached draft permit. See Table 1 See Figure 1 09/11/2008 Brian Lowther, (919) 807-6368 !`0!G LJ 7 4J1 3�. tr u 1'Yi.�IL i Pro ` ton Issue Rating Scale: 1 east/ to 10 hard Compliance histoa 1 Benchmark exeeedance 5 Location (TlIN1DL, T&.E species, etc 5 Other Challenges: • List them hero I Difficulty Rating-, 12/40 Special Issues Explemartion: • Location: This is in a WS-IV • Benchmark exeeedance: There were not many exceedances, but sonic of the data is suspect. Description of Onsite Activities: Supplier of UV -curable fiber optic materials Documents Reviewed- • SPU File • 2004 Catawba Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" Page I oP 8 NCS000385 History: • 17 July 2001: Permit first issued. Analytical monitoring of the parameters on "Forni 2F" were required once during the first two years of facility operation. This form is not on file. • 22 April 2003: Submitted paperwork to change the signing official and address. • 6 December 2005. Permittee notified that the permit is expiring. • 25 January 2006: Permittee submitted renewal application. • 6 February 2006: Receipt of application acknowledged. Page 2 of 8 ES T NCS000385 \iW /fi�t'�'�'��f �� :v� r rL : a �•s' jJ,, :, � . ..:-a ..•.' • �i wa.� r11�' ,`.- ';���Sti�'±!r�i�� _ ,=.t / I•. .:5. ..1i� \ 'f -�:: .'f,? .. �� •4, !' .f• 1'A:' rl I. y ,�. �•�' :;1"Yr.. '✓ 'ia tiff. � :'f ,, p'.; .y �� 'I. 1<.'„M�� %•J+'�.1V i., i, ','� eat :w' p.. J4'.ti. .1,,. � �.% \1v �� x;i:� '.l' _EtieTti,.,,:r.. •"5,�:.r- .'- a�,= .: � •:e" ;'• .�; `.-.h : SLR>.'•;" •',;_ :[':.�': '4 :'. {4•;;i :•...+:r.• _ =shy `•;,: '?', -•i•, ;',; i. '��h: ..ice ,f. _ �' -:.a ��;....7:G'. .,5 �. F'ty,�--,: C•''^ ;a„ J, .4•.'• . 411 dF !- j •�•a:/ __ - - s,T�k.,. "firNn•"t.:. I�f �. .` - :,' ti.r ���f..` f., •�=si w•Y' _ .1 _ 'r<.;• :c•Va _ '.'r..'..- _.jA-,: •Iv.a^ ..'i •. L.i �,.''!' ;•J:•. "".1. ?. 'Yi, .. H�,f `Y,i.i .l- tE _:J r. .i�`�•:l' '.� eyi 1•.. .:f,' 'n +.i. ` i:'• '.r• -.; F' - ~:','!v¢���`"•.fa�s�' !� .rt ,.,V,,: j•d' e'7" 1�;;":��i *,1' 1 r '� n :�: i� - :1<- .�:i.' •'i•' ::� lrlc,4' .,�'C. •[�•y'k'�,v�', _ i�:7": iy:l.. ,�j` ��r' �..��p. _ ,J •Y, �r.�i-:[.,: f:^ J:'fe'- ..Y�r t:� S�`4:^. •r,'J•. -;r.. r�., z.3,: �:�_ 'il •, i" ��: nr% •'iY r' •I '•F� '.�• ''" `,J , ;+i.' - k "' - �41- .'•si."��:FI,:K ��y, ,: �' - rlJ� .ti':Y':.:•:r :t .�.�t.Rj., '•� e w* �, . A r.i + '•r:. "��. :�•� `}: i- �'Y,' .:>t« .:�` 7��.,y� '�Y+�'• :ram.. ■ - :.�' Y'�•a'fj� 1' jr 4" �'+h' �1ti. �`�•. f.ro',•�!•ri:,> tif'iS, �i„__,. s F ty! 15,'^I :ka J„ }Yf nl rJ I \4 `° `• DSL1 Desotech Inc. . J �+ �ti', f : a•. � i; ':i: a y :a -�: L E 'k { �- �•t �� Jv 's •! � +q ti.S � , a 7r' hf r .. ... ... ... _r1 r +� ;'� F' 't•. y�r �j, C., t.5;•YI�F'":'"''. Two species, neither are T&E: 1.) Basic Oak, Hickory Forest `:}�.:�;," •° ypi,.'r`x l{ ? -1 k lia vir " : r•- `r'�; ,•� ;�;,r ) 1 ac a giniana (a plant) =-3 :,�� , . •.f.. ., Figure 2: ME Map Central Office Review Summary: 1, Owner's Other Permits: (If applicable) • No other permits. 2. Ge:ncral Observations: This facility was required to collect a single set of samples in the previous permit. The parameters were on a list that is not on file. The sampling data raised several questions. The qualitative data was exactly the same for each inspection. 3. Impairment: Not 303(d) listed. Not addressed in the 2004 Basinwide plan. 4. Threatened and Endangered: NIA. Two species are on the National Heritage map, but neither are T&E. 5. Location: This is in a WS-IV. 6. Industrial Clianges Since Previous Permit: None as of the time the application was submitted. 7. AnaNtieal Monitoring Notes: The analytical requirements reference Form 2F, which is not on file: The permittee sampled, pl-1, TSS, TN, phosphorus (total phosphorus?), BOD, COD, oil/grease, and nitrogen (is this nitrate/nitrite nitrogen or TKN because they also sampled TN). The data showed some unexpected results including: Page 3 of 8 NCS000385 o Both TN and "nitrogen" were sampled. "Nitrogen" was Found, but TNI was not. o The data is reported as a range for two outfalls. I have assumed that one sample was taken at each outfall, and that the range indicates the value found at one and then the other, o BQD is very low. o Why did we make theta sample for nutrient, oil/grease, and oxygen -related parameters in the previous permit? The values were all eery low for everything except pH (which was too low). There is nothing in the file that indicates that so much sampling is necessary. 8. Qualitative Monitoring Notes: Qualitative monitoring did not show any signs of contamination, but each one said exactly the same thing. Ensure that the pennittee knows what to look for. Page 4 of 8 NCS000ag5 Table 1: Analytical Monitoring Required Sample Total Precipitation Duration Nitrogen PH TSS TN Phosphorus BOD COD Oil! rease Benchmark: 6-9 Bench Bench.: Bench_ Bench. Bench Bench Sampling Date Flow (in) (hours) Range (MGD) iomWL 30 mgfL (nitrate/nitrite) 900 mgfL 2 mgfL (TP) 30 mgfL 120 mgfL 30 mgfL 20m91L (TKN) Out -fall i 8/1101- 4/25/2003 ? ? ? 0.57 4.2 NO ND 7LN0 ND 8/1103 Outfall 2 8/1 /01- 4/25/2003 ? I ? ? 0.62 6.55 8.2 ND 0.12 16 31 ND 8/1103 Over Current Benchmark Page 5 of S NCS000385 Revised Permit Recommendations: Analytical Monitoring: . TN, phosphorus, BOD, COD, oil/grease, and nitrogen have been removed from the sampling requirements. TSS and pH sampling have been maintained. 2_ All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part Il Section B, The permittee must also document the total precipitation for each event. if no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3_ Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stonnwater 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 teen 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 fol low the Tier 2 guidelines which require a repetition of the steps I fisted for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part lI Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued, See Footnote I of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this pennit, however.) T Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1, Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stonmvater Management Plan have been specified in Part II Section A, Nlore details regarding secondary containment are provided_ 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 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 Ii acility Inspection Program of the site's stormwater management controls as specified in Part 11 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 § 12226(g), the facility may qualify for a No Exposure Exclusion from NPDES stonnwater discharge permit requirements. Additional information is provided in Part I Section A_ Page 6 of 8 NCS000385 Discussions with perinittee: Debbie Clay, 704.862.5000 Update Contact to Jill Ryan, 847-468-7752 contacted 07/25/08 1. Your application indicates that you haven't had any significant changes. Have there been any significant changes onsite since submitting your application? ANSWER: Currently adding onto the site. Building a technical center and will send an update in the nest few weeks. There is secondary containment on all ofthe storage tanks. (acetone, dirty acetone, toluene diacetate, liquid nitrogen) 2, Data provided: a. You have reported a range of values for your sampling, do these numbers indicate the values at outfall I and outfall 2, respectfully? All of the range values are in the order of least to greatest, which values were from cash outfall? See below. b. You have sampled for both "nitrogen" and "total nitrogen". What is "nitrogen" (is it TKN or nitrate/nitrite?) Why was `nitrogen" detected, and not "total nitrogen"? See below. c. Are you aware of a holding time for AOD and COD? What holding time did You use? Why was COD not detected when BOD was? See below. d. TSS is also very low, how was this sample collected? See below. e. Was "phosphorus" "total phosphorus"? See below. f. Is there onsite vehicle maintenance? No All of the qualitative data are exactly the same. This is unusual. How do you define "clear color", "no odor", "high clarity", "no floating solids", "no suspended solids", "no foam", and "no oil sheen"? Typically, we see sore variation in the qualitative data recorded over time. A: There was no differciice observed. h. ANSWER: New contact not sure about the specifics of the monitoring. Drainage is just from the roof and parking lot. When asked about the monitoring Jill Ryan talked about how the stonnwater was only from the roof and parking lot and not sure about the actual values. No changes in the qualitative monitoring because of there being no visual differences. 3. What is your SIC Code? a. ANSWER: 2593 or 2899 (http://oaspub.e2a.aov/eiiviro/mtiItisys2.get_list?facilitv�uin=l 10006070946,) The parent company in Elgin, IL has an SIC code of 285 L Jill Ryan thought the number was 2852 but wasn't sure and was going to look it up. Page 7 of 8 NCS000385 Recommendations. Based on the documents reviewed, the application information submitted on January 25, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting U Concurrence by Regional r f/ Water Quality Supervisor � ' / Regional office Staff Comments to e lb 1-4 to 0/1 ( a to Dater/yC�� Page 8 of 8 NCS000385 W A 1'�R Michael E'. Easley. Goventor William G. Ross Jr., Secretary North Carolina Department ul' Envirrntment and Natural Resources � Culccn IL Sullins Director Division of Water Quality 0 � STAFF REVIEW AND EVALUATION l NPDES Stormwater Permitr .:�R Facility Name: DSM Desotech Incorporated U % :try NPDES Permit Number: NCS000385 AUG 1 4 2008 Facility Location: Stanley, NC (Gaston County) Type of Activity: Fiber Optic Materials NC DENR MRo SIC Code (if appIicable): 2899 D1N�-Surface Water Prot Receiving Streams: See Figure 1 River Basin: Catawba River Basin, Sub -basin 03-08-33 Stream Classification: WS-IV Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table Facility Location: See Figure I Response Requested by (Date): 09/11/2008 Central Office Staff Contact: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 (easy) to Id hard Corn fiance history 1 Benchmark exceedance 5 Location (TMDL, T&E species, etc 5 Other Challenges: • List them here 1 Difficulty Rating. 12/40 Special Issues Explanation: • Location: This is in a WS-lV 0 Benchmark exceedance: There were not many exceedances, but some of the data is suspect. Description of Onsite Activities: Supplier of UV -curable fiber optic materials Documents Reviewed: 0 SPU File 0 2004 Catawba Basinwide Plan • 2008 draft 303(d) list 9 National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" on Page I of 8 NCS000385 11istorN': • 17 July 2001: Permit first issued. Analytical monitoring of the parameters on "Form 2F" were required once during (lie first two years of facility operation. This form is not on file. • 22 April 2003: Submitted paperwork to change the signing official and address. * 6 December 2005: Permittee notified that the permit is expiring. • 25 January 2006: Permittee submitted renewal application. • 6 February 2006: Receipt of application acknowledged. Page 2 of 8 NCS000385 ✓ ��� sir\tid+��,:I+'tax�' _ r`,'• :��� ',�� ,-t. CC - t'{•{���'„ 'I•'il:: la r: �t� S'. :'4•'1 % .y� .•�, .:i.i ,�•. I:�' 'C:.�,l' 'L' ::'I' '4 fir+;': ,' I• I 'c^sl��'�'y• .`j.?_t��.�,11F'�11r.•�%" ;'+i�•' J'i.•+ ,- �ti', •r.,," 'r;;'' �':71 '�1y•:1� :.f.'., °VY yv,,�ia L;••' _- •-�•t•hy''1aJi'�`.�-��°'�!• '1•!'• ( '•�•ti•*'•i '�.` f.• 1�: •..r �a •'ar 'Sy rl•a� �rya�.r y�Y��i ,i: � � _ .V. -"'k-;'-"!!i•,:-Tf-• •• ✓y-5''+,. '.`-;1_ :� ♦ . _ � -�_ L �1:4•: "�`'f:'::i�i'�'�i �.`..� _;�.• {� 'n.'r '.�: ti•.:. _� .!'•='�:•:s:c 1....it : 4� C �''- _ ^.:•. • �1 .':1'.,, •�?• ._ .; * - ' ../ . / I.I��' _ ` .•/�. tiff .'1•: ''I ;.•1 k r\i:•'•F:ti �� '�rf•.• f M .may..•.' .> •�"'-' '.'' `'. `ji, '`•.i+i-(•'t"'.?":1 •�i T,; +i!Ii:.4 *�•fiJ' i''i 'h ({/r'�1•. .4. �f - y.. rt,.•JH,�t:(�.✓t', :R' (I^ .F.:.• .'.1 � j r•..; r... . In• , 4•yI•J i �•. •�: •yti.n i•.. ;4'i'SF. ,•�+'''r"•� :I�' 'RI:'I �� \ .�j•r ''I•• :•a! r '.1' �` r.,(� .,r: '�'''•: y'Lr•11,. _:.�.• '•-, �'� ',� •n'r •��,,, w5' +''.�r, r r:;\j _ yi�r!'.ii ,,+''�{µ,;'. `.r:. INi Ij'*: - •r.• .l .511;••I.��'„ '+{��,• r, �, :'�_�'...- ZVI :'r -'1 ,1.•r'v'S �4:w}..'8. .�•�%•\'.-,�. _ 1y - •: 1�/:, '�, '''..;, `c',1•_,�•� '•R,S;,. , _ :�i:yGierjf •s�r,�+i: ���,� _ � LL��. -. .- : •1'j '*ul -�Y. �'''�•!�,' �:•. !': '•1.'r; r-s:`•u` :}, ��'^:� - IN ,:�, � i,� •�rI �' I:..1.. x _�1 ' �ti'' • � 1�' i�,,•.�'.•��'Q•��+•�y N�' .. 'y�1ii_i: `: ,� 1 ',� ', ' %f:`4•� ''r`� : 1, �'- ��'•:,� • 'J',. +ti, .%,.. •^... �ti. '� �a,'�''r'tiirJ. '�i� '�'J`�•�. L•�' �I'i '' �,,., r: ''J .:' .r ':•:• '�"•' _ ••'1;'' Rom' J1I. ! .5�, :t .; :.�-.r',:� •� 1 ,�k� .; • .tom':, a;_ ..,�;.,�...-�t`.'��-�'.•':'r�; , .'..1.. :,:'• if.., ,,•y''~L-f :•_.• aka',' .V_•„• '. .��y%i'`, ;.: '�'.'• '`�( �; �:'r '. `.^ "e � .t� l�..'.�� •'• ' '``+'ill Jt � •�t,iq•'-.,. _r ,.,, �, f J'. •t' '_�.<.r••' � .,i ; -.:\..�:\'` `�`r�l��. d..a.-':`��:;_._ ..,.,,.: f�.�.n7• •.�1�y, '?1+..:•i:: ••�':`�:�,• .'sue ry' _.}:: LDSM Desotech Inc, ' ..' ' i''' r"'' :: `ti,7':'..: a ' ,-5 �`� ` :;;:_� Two species, neither are T&E: ;== �; ^� : A? 1,•. r`•r • -• 1.) Basic Oak' Hickory ForestS. (.f' .i.. '•:....' .: 2.) Hackelia vir iniana (a lant):�'.,�:r:'T-�= �+•. Figure 2: T&Y Map Central Office Review Summary: I . Owner's Other Permits: (If applicable) • No other permits. 2. General Observations: This facility was required to collect a single set of samples in the previous permit. The parameters were on a list that is not on file. The sampling data raised several questions. The qualitative data was exactly the same for each inspection, 3. Impairment: Not 303(d) listed. Not addressed in the 2004 Basinwide plan. 4, Threatened and Endangered-. N/A. Two species are on the National Heritage map, but neither are T&E. 5, Location: This is in a WS-IV. G. Industrial Changes Since Previous Permit: None as of the time the application was submitted. Analytical Monitoring Notes: The analytical requirements reference Form 217, which is not on file;. The permittee sampled, pH, TSS, TN, phosphorus (total phosphorus?), BOD, COD, oil/grease, and nitrogen (is this nitratelnitrite nitrogen or TKN because they also sampled TN). The data showed some unexpected results including: Page 3 of 8 NCS000385 0 Both TN and "nitrogen" were sampled. "Nitrogen" was found, but TN was not. o The data is reported as a range for two outfalls. 1 have assumed that one sample was taken at each outfall, and that the range indicates the value found at one and then the other. o BOD is very low. o Why did we make them sample for nutrient, oil/grease, and oxygen -related parametcrs in the previous permit? The values were all very low for everything; except pH (which was too low). "There is nothing in the file that indicates that so much sampling is necessary. S. Qualitative Monitoring. Notes: Qualitative monitoring did not show any signs of contamination, but each one said exactly the same thing. Ensure that the permittee knows what to look for. Page 4 of 8 ar�RPr PERMIT COVERAGE p Y RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000385 Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG. WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR , RENEWAL OF YOUR STORMWATER PERMIT NCS000385 The following is the information currently in our database for your facility. ]'lease review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER, INFORMATION Owner/Org. Name: DSM DESOTECH INC Owner Contact: i_ES N+AL•y- Mailing Address: 1�Z�- SrK- . c_"F%f -LC.5 Et~ i�t tJ , %11 . G0 � `LA. Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: DSM DESOTECH INCORPORATED Facility Contact: 'J___jF y33 1 i~ C Lq�{ Facility Address: 1 101 S HWY 27 t STANLEY, NC 28164 Phone Number: oi.p _ %b Z - �{ Fax Number o - $b Z — a 1 E-mail address: PERMIT INFORMATION Permit Contact: - ftl:e-Qr_1 Mailing Address: 1101 S HWY 27 STANLEY, NC 28164 Phone Number: -7 -I,,4 _%I,Z - 5-aoo Fax Number: _)DIf $ 62 E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Class. Basin: Sub -Basin #I: Number of outfalls: CERTIFICATION LES PL 11 "ZZ 4G . C1+[�-2LAE.S 'CT. of o 5�"I lea] - o� drat-�—%U- 50oo_ _ o C_IA� o• � �•i 5 TAt r%) L_i=-j caeC1L S EP`1 A'4NT3R 15,A5l, I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Date 1-1 D - V Print or type name of person signing above ) 'Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUPPLLMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the terra of the existing permit (if your permit required analytical sampling). Do'not submit individual Iab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5, A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). * If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0A inches has occurred. _Best Management Practices DSM Desotech, Stanley, NC Due to our closed loop system design of solvent cleaning and insignificant volume/type of air emissions; the Stanley site is exempt from an Air Permit. As we consider new materials, we evaluate them using a new raw material introduction process. This includes an environmental discussion as it relates to air quality and emissions reporting, especially VOC, HAP and particulate. With virtually no process water usage, we are exempt from it Wastewater Permit. We sample stormwater at two on -site outfalls as detailed under our Stormwater Permit for visual and odor characteristics only. We perform routine environmental audits of the facility grounds to look for surface contaminants or soil erosion that may affect our sfrormwater quality. No exceptions have been documented. All of our chemical storage tanks and tanker unloading areas are diked and rainwater is sampled prior to pumping and.release. In 2005, we have reduced our chemical waste by 13%o from 2004 levels. We monitor our satellite collection sites and remote accumulation site daily along with complying with all RCRA requirements. Documentation records are kept that indicates legal compliance issues (closed and undamaged containers, proper label inglidentification, LOPC, ctc) along with general safety and housekeeping, We welcome local emergency personnel on -site for a walkthrough and discussion oil t1i n m support needed in emergency situations. The fire department and rescue squad family r> themselves with the facility layout and location of emergency equipment and chemicaf��' storage. We conduct at least annually as refresher and also for newcomers. The inn � Fill, comments we receive are very positive, as we are praised as one of the few businesses n who allow such open communication. We allow the Police Department to use our conference room facilities and presentation I� l equipment for departmental meetings. Our site has not had a recordable incident or illness since we relocated to Stanley NC in 2001. We attend the annual North Carolina Department of Labor Safety Awards Banquet annually. The Stanley site has been awarded this recognition for eight (8) consecutive years. The local newspaper attends and publishes an article with the recipient information. We are a Responsible Care® site as a member of' the American Chemistry Council and have submitted our Security Vulnerability Assessment for review by a local third party. We have completed HAZOP studies on all storage and transfer process equipment before design acceptance. Our piping and product transfer is a closed loop system controlled by Delta V integrated computer software All tank flanges and ports are above chemical level (top of tank) Pressure/flow variations result in immediate alarm in control room. Operators are always present during tanker unloading and can stop transfer immediately if needed r We receive many visitors to the facility to inquire about employment with us. Many comment that they have heard positive remarks regarding the cleanliness and aesthetic appeal of the facility along with the Quality and effectiveness of other License to Operate initiatives such as technical and behavioral proiects We have developed a partnership with Gaston Community College on an employee development program. Required and optional courses will be offered to ensure that we maintain a competent and trained workforce, along with providing opportunities for career growth. A Contractor Assessment progrinnn has been developed and contractor evaluations are required prior to hire, along with conducting periodic assessments of contractor performance. The assessment process involves a cross-section team who provide challenges and feedback. The goal is to ensure that we maintain competent and safety - minded contractor personnel, and that a quality service is provided. The SHE mentorship program offers associates to become a "trained trainer" in safety related topics, so that they can provide required training to others. Under the direction of the SFIEQ Manager, this training not only provides awareness and participation 11•onn the operations level, the Safety Program is owned by many and not .just a few. The Stanley facility produced a professionally engineered SHE orientation video utilizing our own associates explaining and demonstrating emergency response alarms and protocol, proper PPE, safe handling of chemicals, and other subjects as part of the Basic SHE course material. This video is a required part of the SHE orientation for visitors; contractors and new associates. Summary of Visual Stormwater Monitorin DSM Desotech, Stanley, North Carolina Date Sampled: Bi-annual (see chart below) Outfalls Sampled: All, Outfall #1 and Outfall #2 Date of Inspection Parameters Visually Checked Results May 31, 2002 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen — No indication of pollutant exposure November 19, 2002 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen — No indication of pollutant exposure April 14, 2003 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen — No indication of pollutant exposure October 28, 2003 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen — No indication of pollutant exposure May 7, 2004 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen - No indication of pollutant exposure October 22, 2004 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen - No indication of pollutant exposure June 17, 2005 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen - No indication of pollutant exposure November 22, 2005 Color, Odor, Clarity, Floating Solids, Clear Color, No Odor, High Clarity, Suspended Solids, Foam, Oil Sheen No Floating Solids, No Suspended Solids, No Foam, No Oil Sheen - No indication of pollutant exposure Summary of Analytical Stormwater Monitoring DSM Desotech, Stanley, North Carolina Date Sampled: April 25, 2003 Outfalls Sampled: All, Outfall #1 and Outfall #2 Parameter Sampled/Tested Results - Range Nitrogen .57 - .62 mgll Ph 5.44 — 6.55 units TSS 4.2 — 8.2 mgll Total Nitrogen ND Phosphorus ND - .12 mgll BOD 7.0 — 16 mgll COD ND — 31 mgll Oil/Grease ND 2 Markers ► . e �- `Short-Name: NCG520 Coordinates,-035"21'-32:6"'N; `081 "-01'-2-1-6'=W_-I Comment:-County:-Gaston-Maps:-F-14SE—Subbasin:-03-08-33-Receiving-Stream--Dutchman g— Creek,-Glass:-C----- Name: NCS000385 - DSM Desotech, Inc. Short Name: 000385 Coordinates: 035' 20' 31.3" N, 081 ° 04' 34.7" W Comment: County: Gaston, Map #: FUSE, Subbasin: 03-08-33, Receiving Stream: South Stanley Creek, Class: WS IV N.0 Division of Water Quality, Storniwater and General Permits Ut Facility Name: DSM DESOTECH INCORI'ORA"I'lE'AliD �s4F�i,Q -9,�. Permit Number: NCS000385 Location Address: 1 101 S HWY 27 �Sro AF;g STANLEY, NC 28164 a County: GASTON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on any inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" 1 certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." 1 am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature Aviles name of person signing above Date Ih Title Site Manager SPPP Certification 2/99 I N I % !?(tDPO EHDliSE r r r r tAMI (2%,000 5_F` e `I '`j E 15 q. s rII W— V EXISTING 1 STORY INDUSTRIAL BUILDING F.F.E.=795.64 e a a twao 4tv..n.tl ae.wan 0 l y, 1� _ r 1 t rlirrr, II I I lrllrJ �l � ,� JJl �r1; l;'1 rJ�ilJlf�� � � rlJ(:rl rii � hfrJrr (nqp 1 � jJ �rIJ! r , 1 , I QRAINAGE NOTE$ Z M IIIO.fSm 4WN16 .nw �a1p KU alq PI./MG4 ~_ �� ii+m. � uivr�aws s �amrx ror >aeu¢ � m..,irca�� �.wea swain, .im .a,u wd Warn �- l ,K Ytl.L W I.,Ooi hnY Nn MQ Ta Y 6ma \ `.�"n ,4,c11d1e,;o o�'m. 's'f'. �••r..r ,<snaewc vw.,w�� .Mi1 Vil,d MT 4b.i d .a! R.s M pglfQ .s9.ef ,n \ h fU! }M lCC+11PR AV'r. P! aU.1a[19. 6 C.fIi1 Po. Sa'iY all OSH1f ,ti,e ie A l� wgp.yil.�¢, .VvIIG Sb M �Omt...SUA._ .OM wtt k � noa ,...r otsweane na w rmevm, a wr'oms: w.a n: f in°.�vs.em I ;.n,m aa,.cm dii.,c oo-.sn,nn� I� :etxve� ie r:n aufn arum � � �� I • .,...... sa�.a m � .ezuam ..®.� � as. nrr.as .! r LEGEND GRADING PLAN C2.D NCS000385 Table 1: Analvtical Monitoring Required Sample Total Precipitation Duration Nitrogen pH TSS TN Phosphorus BOD COD Oil/grease Benchmark: 6-9 Bench Bench.: Bench. Bench. Bench Bench Sampling Date Flow (in) (hours) Range (MGD) 10mglL 30 mg1L (nitmtelnitrite) 100 mg/L 2 mg1L (TP) 30 mg1L 120 mg/L 30 mg/L 20mg/L (TKN) Outfall 1 811I01- 4125I2003 ? ? ? 0.57 M 4.2 ND ND 77ND ND 8.11103 Outfall 2 811101- 4/25/2013 ? I ? ? 0.62 6.55 8.2 ND 0.12 16 31 ND 811103 Over Current Benchmark Page 5 of 8 NCS000385 Revised Permit Recommendations: Analytical Monitoring: 1. TN, phosphorus, BOD, COD, oil/grease, and nitrogen have been removed from the sampling requirements. TSS and pH sampling have been maintained. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section 6. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of'60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedanees of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote i of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a fist of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stonnwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stornnwater Pollution Prevention Plan have been specified in Part it 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. S. information regarding the No Exposure Exclusion has been added to this draft permit. I f industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § I22.26(g), the facility may qualify fbr.a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 o f 8 NCS000383 Discussions with perinittee: Debbie Clay, 704.862.5000 Update Contact to Jill Ryan, 847-468-7752 contacted 07/25/08 1. Your application indicates that you haven't had any significant changes. Have there been any significant changes onsite since submitting your application? a. ANSWER: Currently adding onto the site. Building a technical center and will send an update in the next few weeks. There is secondary containment on all of the storage tanks. (acetone, dirty acetone, toluene diacetate, liquid nitrogen) 2, Data provided: a. You have reported a range of values for your sampling, do these numbers indicate the values at outfall I and outfall 2, respectfully? All of the range values are in the order of least to greatest, which values were from each outfall? See below. b. You have sampled for both "nitrogen" and "total nitrogen". What is "nitrogen" (is it TKN or nitrate/nitrite?) Why was "nitrogen" detected, and not "total nitrogen"? See below. c. Are you aware of a holding time for BOD and COD? What holding time did you use? Why was COD not detected when BOD was? See below. d. TSS is also very low, how was this sample collected? See below. e. Was "phosphorus" "total phosphorus"? See below. f. Is there onsite vehicle maintenance? No g. All of the qualitative data are exactly the same. This is unusual. How do you define "clear color", "no odor", "high clarity", "no floating; solids", "no suspended solids", "no foam", and "no oil sheen"? Typically, we see some variation in the qualitative data recorded over time, A: There was no difference observed. h. ANSWER: New contact not sure about the specifics of the monitoring. Drainage is just from the roof and parking lot. When asked about the monitoring Jill Ryan talked about how the stonnwater was only from the roof and parking lot and not sure about the actual values. No changes in the qualitative monitoring because of there being no visual differences. 3. What is your SIC Code? a. ANSWER: 2893 or 2899(http://oaspu,b.epa.aovlenviro/multisys2.�Jet list?facility uin=110006070946) The parent company in Elgin, IL has an SIC code of285I . Jill Ryan thought the nu«iber «las 2852 but wasn't sure and was going to look it up. Page 7 of 8 NCS000385 Recommendations: Based on the documents reviewed, the application information submitted on January 25, 2006 sufficient to issue an Individual Stortnwatcr Permit. Prepared by (Signature) 4,. Stormwater Permitting Unit Superviso for Concurrence by Regional Be Date a o? to V f oe' Date o e Water Quality Supervisor // _f Date Z� Regional Office Staff Comments Page 8 of 8 NCS000385 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 v In compliance with the provisions of North Carolina'Gen I Statutell 3-215. k other lawful P P, standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DSM,'Dc�skec�Ii, Inc. is hereby authorized to discharge sto� rmwater from a facility located at DSM Desotech, Inc. 0-1�South 1-1ighway 27 1 I)7 Stanley, NC Gaston County to receiving waters designated as South Stanley Creek, a class WS-IV stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Doles are AP1nroximale This permit shall became effective [December 1, 2008]. This permit and the authorization to discharge shall expire at midnight on [November 30, 2013]. Signed this day [November 3, 2008]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000385 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES 4^1N Section A: Stormwater Pollution Prevention P', Section B. Analytical Monitoring Rey�uireirients' Section C: Qualitative Monitoring Requiremc is �U Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDII S STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I . Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability b. Property Rights 7. Sevcrability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section 13: General Conditions 1. Individual Permit Expiration 2. Transfers N Permit No. NCS00038S 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls I . 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 Ouffall n r) 6. Records Retention 7, Inspecti"on_an&Entry Section E: Reporting Requiremcnii I . Di barge, " onitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Nan-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 ii Permit No. NCS000385 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 Ci'R § 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 Certificationi4d for`m to the.Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the -No Exposure Exclusion once every five (5) years. V SECTION B: PERMITTED ACTIVITIE Until this permit expires or is modifi stormwater to the surface waters of I` adequately treated and permit. All stormwater the permittee is authorized to discharge `dro lina or separate storm sewer system that has been nce with the terms and conditions of this individual in accordance with the conditions of this permit. Any other point source discharge_t/surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000385 Longitude:81°4'34.65"W 1V%.000UJ0U raunmy j,01W � County: Gaston DSM Desotech, Inc. Location Stream Class: WS-IV Receiving Stream: South Stanley Leek Sub -basin: 03-08-33 (Catawba River Basin) &ott%t Map Not to Scale 1[ Part I Page 2 of 2 Pennit No. NCS000385 PART 11 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 lll, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: I . Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that may be expected.to contribute to contamination of stormwatcr discharges. The site plan shall conta�he,followi : a. A general location map (USGS quadrangie.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 t1he discharge is to a municipal separate storm sewer system, the name/ofthe municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The general locatiommap,(or alternatively the site map) should identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed,t(ir)which a TMDL has been established, and what the parameter(s) of concernlare. North Carolina's 303(d) List can be found here: http://h2o.enr state nc.us/tmdl/Gencral_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmd[/TMDL_list.htm#Final_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads) (4) Drainage features and structures (5) Stormwater discharge points (outfalIs) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) Direction of flow Part I[ Page] of 10 Peniiit No. NCS000385 (9) All on -site and adjacent surface waters and wetlands (10) Building locations (11) Existing and proposed BMPs, and (12) Impervious surfaces 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. c. 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. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. � 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant mat rials"tostormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study!A.review of theC/hnical 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 4f all storage areas, material handling operations, and manufacturing or fueling operations by permanent or semi -permanent covers. 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 to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained, and shall record the volume capacity of each tank and containment area. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall'be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfali 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 Part II Page 2 of 10 Permit No. NCS000385 accumulated stormwater and the date, and time of the release shall be kept for a period of five (5) years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, diversion structures, secondary containment structures, 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 the potential of pollutant sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant, sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on=site at all times during facility operations that have the potential to contaminate,stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil S.PCC,plan-may be a component of the SPRP, but may not be sufficient to completely address�the�stormwater aspects of the SPRP. The common elements of the SPCC with,the,SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenancc.and\G'aod'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. The program shall specifically identify industrial areas that have the potential for soil erosion, and must specifically note the preventative BMP or maintenance activity implemented in the areas, and must include regular inspections of the areas. 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 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 permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that 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 annual update Part 11 Page 3 of 10 Permit No. NCS000385 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 thai the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 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 permitter 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. Inspections of the facility`and all stormwater systems shall occur at a minimum on a semi-annual schedule, onceduring the -first half of the year (January through June) and once during the secon0alf(July-through December), with at least 60-days separating inspection dates (unless performed- m0re frequently). The inspection and any subsequent maintenance activities,performed shall be documented, recording date and time of inspection, indiviiival(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,incorporate-d into the Stormwater Pollution Prevention Plan. These facility inspections aree different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall,iinplement the Plan. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employcest 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 (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 10 Permit No. NCS000385 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum often analytical samplings being conducted over the term of the permit at each stormwater 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 I. Analytical Monitoring Requirement/?� �f/ Discharge Characteristics Units Measurement Frequencyt Sample TypC2 Sample Location3 Total Suspended Solids m /L �setni�annual Grab SDO H standard //� /ssemi-annual Grab SDO Total Rainfal14 jnchcsn 1� ! Lsetni-annual ain Gau e - Footnotes: "�\\> l Measurement Frequency: Twice per.ycar during a representative storm event, for each year until either another permit is issued for this facility or until this'perniit is revoked or rescinded. If at the end of this permitting; cycle (lie permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will he considered for a�rencwal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Tablee 2 for schedule of monitoring periods through the end of this permitting cycle. 2 if (lie 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. 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 must be recorded. An 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 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period 1'2 Sample Number I Start End Year 1 — Period 1 I I December 1, 2008 June 30, 200E Part 11 Page 5 of 10 Permit No. NCS000385 Year 1 — Period 2 2 July 1, 2009 November 30, 2009 Year 2 — Period 1 3 December 1, 2009 June 30, 2009 Year 2 — Period 2 4 July 1, 2010 November 30, 2010 Year 3 — Period 1 5 December 1, 2010 June 30, 2010 Year 3 — Period 2 6 July 1, 2011 November 30, 2011 Year — Period l 7 December 1, 2011 June 30, 2011 Year 4 — Period 2 8 July 1, 2012 November 30, 2012 Year 5 — Period 1 9 December 1, 2012 June 30, 2012 Year 5 — Period 2 10 July 1, 2013 November 30, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. �// 2 If no discharge occurs during the sampling period, the permit e, must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling periodr� The permittee shall report the analytical results from,he.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 area o permit -limits but should be used as guidelines for the pertrtittee's Stormwater Pollution Prevention Plan (SPPP). Exceedanees of benchmark values require the permittee to increase monitoring( increase,management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier�Two. Table 3. Benchmark Values for, n lyticai Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg1L 100 pH standard 6-9 Tier One If- The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Part Ii Page 6 of l0 Permit No. NCS000385 Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence,; he inspection date, the personnel conducting the inspection, the selected actions,ra�he'date•the.seleeted actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row consecutive ;V\ �� ) Then: The permittee shall: v � I . Repeat all the required actio�ns 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: Parttt Page 7 of 10 Permit No. NCS000385 • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • Require the permittee to install structural stormwater controls; • Require the permittee to implement other stormwater control measures; or • Require that the pennittee implement site modifications to duality for the No Exposure Exclusion. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified<<in Table 4, during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new -sources of stormwater pollution. [if analytical monitoring is not required, the permittee\;stt\must conduct semi-annual qualitative monitoring.] In the event an atypical condition is noted at a�"ston document the suspected cause of the condition and discovery, This documentation will be maintained Table 4. Qualitative Mont ' ink Requi"rem outfall, the permittee shall )'actions taken in response to the th the SPPP. ents Discharge Characteristics Frequencyl Monitoring Location2 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 Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: I Measurement frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. if at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See 'table 2 for schedule of monitoring periods through the end of this permitting cycle. Part I Page 8 of 10 Permit No. NCS000385 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Fre uenc t Type2 Location3 ill standard semi-annual Grab SDO Oil and Grease m = l smi annual Grab SDO Total Suspended Solids trt g/I annual Grab SDO Total Rainfail4 ,r� inches /� /semi /� . . semi-annual Rain gauge New Motor Oil Usage allonslmonth ! semi-annual Estimate - footnotes: \ �\ 1 Measurement Frequency: Twice per year during a re>presentative storm event, for each year until either another permit is issued for this facility or until this,perrmit is revoked or rescinded. If at the end of this permitting cycle the permillee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered fora renewal,,upplication. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table2'for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond, 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 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 penrtittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittce to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part lI Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Part 11 Page 9 of 10 Permit No. NCS000385 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part 11 Page 10 of 10 Permit No. NCS000385 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 stormwaler discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) 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 StormwaterPollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from,the operation of the industrial activity and be updated thereater 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 Camp The permittee must comply with all'cor ditions.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 andd rreissuance, orth r modification; or denial of a permit upon renewal application. a. The permittee salt\ omply tandards 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 proliibitions, even if the permit has not yet been modified to incorporate the requirement. `rhe Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of S5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref- Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may he 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 1 violations are hot to exceed $10,000 per violation, with the maximum amount of any Class penally assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page 1 of 8 Permit No. NCS000385 $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. 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 Liabilitv Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the pernittee 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 131.9. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. %% �_ n 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to -preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities; or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the;Fedcral�Act, 33 USC 1321. 6. Property Rikhts 6f 'Cho issuance ol'this individualit does notyconvey any property rights in either real or personal properly, or any exclusive privileges, nor di)es,it authorize any injury to private property or any invasion of personal rights, nor any infringement'of Federal, State or local laws or regulations. 7. Severability (L/) 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. Duty to Provide Information !'he permittee shall furnish to the Director, within a reasonable time, any information which (lie 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 ol'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 line of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000385 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B; GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date/In order to receive automatic authorization to discharge beyond the expiration date, the permit eeIshafl submit forms and fees as are required by the agency authorized to issue permits no later-than-l80'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 least480 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 1'43-2153.6 and 33 USC 1251 et. seq. 2, 'Transfers This permit is not transferable to any person except'aftcr'notice to and approval by the Director. The Director may require modification or revocation,and rein uance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division writing in•the event the permitted facility is sold or closed. \ V 3. Signatory Reuuirements All applications, reports,&,inf rcmation submitted to the Director shall be signed and certified. a. All applications to be co/v/e/red under this individual permit shall be signed as follows: (1) In the case ofa 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 case of sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000385 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 tines and imprisonment far knowing violations." 4. Individual Permit Modification. Revocation and Reissua&6e or Termination The issuance of this individual permit does not prohibit,the D -rector from reopening and modifying the individual permit, revoking and reissuing the individual perk l or terminating the individual permit as allowed by the laws, rules, and regulations contaitied :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 ct al. �1 5. Permit Actions The permit may be modified„rev ko ed and'reissued, or terminated for cause. The notification of planned changes or anticipated non complianCt,does not stay any individual permit condition. SECTION C: OPERATION AND•MAJINTENANCE OF POLLUTION CONTROLS I . Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to [-salt 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. ByRassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part ll l Page 4 of 8 Permit No. NCS000385 b. 'There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwalter or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Rel2resentative Sampling Samples collected and measurements taken, as required iierein!sFiall be characteristic of the volume and nature of the permitted discharge. Analytical samplingt 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 he taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring; points as specified in this permit shall°not be changed without notification to and approval of the Director. Record in& Results For each measurement, sampleectib � r maintenance activity performed or collected pursuant to the requirements of this individual permit thee permittee shall record the following•information: a. 'The date, exact place, and tima 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; The individual(s) who performed the analyses; e. The analytical techniques or methods used; and 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. 'rest Procedures Test procedures for the analysis of pollutants shall conform to the GMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the l ederal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part Ill Page 5 of 8 Permit No. NCS000385 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 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 inforination� including all calibration and maintenance records and all original strip chart recordings for continuou momtoring,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. Ins ection and L"nt The ermittee shall allow the Director, or an4authqojized reresentative (including an authorized contractor p, acting as a representative of the Director), Orrin 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 under the conditions of this individual permit; b. Have access to fjand copy, at reasonable tunes 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 l . 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 `I' I5A 02B .0506. Part III Page 6 of 8 Permit No. NCS000385 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Duplicate signed copies of all reports required herein, 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 14321'5.3(a)(2),o Section 348 of the Federal r, Act, 33 USC 1318, all reports prepared in accordance with -the terms shall be available for public inspection at the offices ofthe Division of Water Quality. As required by -the Act, analytical data shall not be considered confidential. Knowingly making any false statement n any such report may result in the imposition of criminal penalties as provided for in; NCGS`143;215.613 or in Section 309 of the Federal Act, Non-Stormwater Discharges If the storm event monitored in aecordaneCtwiff'thi vilidividual permit coincides with a non-stormwater discharge, the permittee shall separately nionitor all parameters as required under the non-stormwater discharge permit and provide this -information -with the stormwater discharge monitoring report. Planned Chan es KC ? 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 steal I 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. 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. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four I•lour Re ortin The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from Part III Page 7 of 8 Permit No. NCS000385 9. 10. the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not monitoring reports are submitted. Other Intbrmation Where the permittee becomes aware that it failed to submit at individual permit or in any report to the Director, it shall pror 24 hour reporting at the time avant facts in an application for an submit such facts or information. fart Ill Page 8 cf8 NCS000385 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 Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PARTV ADMINISTERING AND REQU112E1 The permiltee must pay the administering and eom`plian 6 the Division. Failure to pay the fee in timely manner in ac Division to initiate action to revoke the.lndividual 1 erm�it. �V PARYXI I. Act See Clean Water Act. 2, Arithmetic Mean yom contain,any other requirements in the 3MPLIANCE MONITORING FEE ng fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Hon-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 tire -fighting or fire -fighting training. 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 V1 Page I of 5 Permit No. NCS000385 5. 6. 8. Bypass A bypass is the known diversion ofstormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk 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. Clean Water Act The Federal Water Pollution Control Act, also known US 1251, et. seq. Division or DW The Division of Water Quality, Department of �. Director The Director of the I 10. l",'%tC The North Carolina 12. 13 14, 15 Grab Samplc (CWA), as amended, 33 ;n�ironment aild'Natural Resources. ie.permit issuing authority. Commission. 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. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 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. NCS000395 In, 17 18 19 20. 21 22 23 industrial machinery, raw materials, intermediate products, by-products, Final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwaler Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §I22.26(g). 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. Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater �y Any discernible, confined and discrete conveyance including, but nocspecifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which,stormwat` er-i Jor may be discharged to waters of the state. i Representative Storm Event A storm event that measures greater than 0.1 inches of ininfdll'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,�ifit 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. Representative Outfall Status When it is established that.thc` discha'rgi e,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. 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. 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. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of'I'itle 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 meets at least one of the following criteria: Part VI Page 3 of 5 I'ages Permit No. NCS000385 (1) is listed in Appendix D of 40 CFR 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 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property dama`ge does not mean economic loss caused by delays in production. � �— \ lr 25, Significant Materials Includes, but is not limited to: raw materials; fuels; materials•such;as solvents; detergents, and plastic pellets; finished materials such as metallic products •raw materials used in food processing or production; hazardous substances designated under section,101(1�4) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title Ill ofSARA-, fertilizers; pesticides; and waste products such as ashes, 11 slag and sludge that have the potential tobe,releasith stormwater discharges. 26. Significant Spills Includes, but is not limited to:•relea s 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 l 17.21) or section 102 of CERCLA (Ref: 40 CFR 302,4). �� 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activit The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). 'rhe term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stortwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm infarination 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. NCS000385 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. "Dotal 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 CIMLI-I A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides (lie 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. TherClean Water Act, Section 303, establishes the water quality standards and TMDL programs. r n 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1),of the Clean Water Act. 34, Uoset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluenHimitations 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 fac:litie\inadequate treatment or control facilities, lack of preventive maintenance, or careless or im proper'op ro ation. 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 V I 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 Kerr T. Stevens, Director Ms. Jill Ryan DSM Desotech, Inc. 1122 St. Charles St. Elgin, IL 60120 Dear Ms. Ryan: NCmU1m'kEh6' m NORTH CAROLINA DEPART t; bENVIRONME,: T ENVIRONMENT AND NATUR RCSOLfP, t: VI+ LEFRrGtC,�rA� July 17, 2001 1 Per f ` JUL 2 3 2001 i Subject: Permit No. NCS000385 DSM Desotech, InWATER QUALITY SECTION Gaston County In accordance with your application for a stormwater discharge permit received on .January 4. 2001. we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days foliowing 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, Raieich. North Carolina 27611 -7447. Unless such demand is made. this decision shall be final and binding. Please take notice this permit is not transferable. Part 11. B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division.of Environmental Management or permits required by the Division of Land Resources. Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, Kerr T. Stevens cc: Mr. Roger O. Pfaff. EPA Mooresvilie Regional Office Central Files Stormwater and General Permit Unit Files Compliance Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5063 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NCS000 3 S5 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORM -WATER UNDER THE NATIONAL POLLUTAN'r DISCHARGE ELIM[NATION 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, DSM Desotech. Inc. is hereby authorized to discharge stormwater from a facility located at DSM Desotech, Inc. 1 101 South I-lighway 27 Stanley, NC Gaston County to receiving waters designated as South Stanley Creek, a class WS IV stream, in the Catawba Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1, 1II, IV, V and VI hereof. This permit shall become effective August 1. 200L This permit and the authorization to discharge shall expire at midnight on July 31, 2006. Signed this day July 17, 2001. for Kerr T. Stevens. Director Division of Water Quality By the Authority of the Environmental Management Commission Perinit No. NCS000 85 o I 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 ReyFrirements 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 S. Duty to Provide Information 9. Penalties for Tampering 10- Penalties for Falsification of Reports Section B. General Conditions 1, Individual Permit Expiration 2. Transfers Permit No. NICS000 8i I Signamry RCClUir-ements 4. Individual Permit iNIodification. Revocation and Reissuance, or Tei;nination 5. Permit Actions Section C: Operation and kaintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bvpass1n2 of Stoi-nwater Control Facilities Section D: IVlonitoring and Records 1. Representative Samplin,g 2. Recording Results I Flow Nleasurements 4, Test Procedures S. Representative Outfall 6, Records Retention 7. Inspection and Entry Section E: Reporting Requirements I . Discharge Monitoring Reports �. Submitting Reports 3. Availability of Reports 4. _Non-Stormwater Discharses 5. PIanned Chances 6. .anticipated Noncompliance 7. B ypass S. Twenty-four Hour Reporting 9_ Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING A\TD COMPLIANCE MONITORING FEE REQUIREMENTS PART \11 DEFINITION'S Perms( No. 1tiCS00018� PART 1 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 R: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stor-mwater to the surface waters of North Carolina or separate storm sewer system which has been adequatel-v 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 allo%vable non -storm water discharge or is covered bv 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. ruse, standard, ordinanec. order. judgment. or decree. Part I Paine I of 2 Permi¢ No. NCS000385 SECTION C: LOCATIO_ N MAP sT L � �fi r �:,`.'�� 'JY��,�,,,T1 �� ,..= -Ili �., ri \-: � ._�;� I[�/?! /; \:-' -C-"t—!,—•--c•--• .,.� �.� ••Wyy7;;�! --, ' •1- w.. r 4 8ss\ R` ..\ =i�csrS'�r s 'Sfa _ - �' -�i�~,�'t %�' � ;-��' 1 .M _`�:`�' � 11•�`� � {( �I�• ..��/� f �C� - �/ '�661 �.:•4 r ��' s r I� �%. r .: 3 .: i � r-�, � '� ; s f i-`l' � C��% .r4? , � �._.�, ��_�' _ dy � S � `�f -. �.\-� �!. ~•' f I ` ''mod'~ ��' _ ~ \` -.•\ \ ti. .n 25 U_.-- L`''�'-� •�. ��� /� \•1 /r^ .ter --_i^}•��' �ai�nCf'i� y��T- ' .. • ;. � ` � .�x, '�� -_.' � ' `���_ �.. 1 �J i }Q }�1 '�� � � !`} .•�,-,�, . r� X- % �_ _: ~ f,.• � '�^'. C -- P i . �, ' (� =,�� �r � • _ ` � �!� c._. ��''� � -�'� � .�, { `. ' ; i ,• 'eft cp f.' � .:+ = f ����'�� ,• � ;�. .,, � r��� ,; '� is �., j ,^, ��� it �• •� �' ;�� er- �/. t ��l t'4 may. �• .r i' %.-• yr. \ '�` { y1 - / � .�.--\� �z� . r '�� ���; fry .. ��� ... .�_---- :�•• �`" �o't` ? ,' �� ice• �- .�• �1 �.,r - �� .i 1 •'f 1~, \ �`t� r,I 7V11 �,`j ^ 1 �� � 4 ram✓' l�^+"\ • -\-ri ��-' i �• `.- � ^`� 5. '{.ice \4��' } ` .�r /%% I �- ��` i 1� 1. �� •f � I 11t '%1 �. • V ���` t�� r-1__'�-r.J` •�: r�--��J �J'!r �' /••_ _\� —1 /..OIJh�' U� ;� w '1 `.' .'1 J j i•'s�J ri�__ _.....'�_.. �.J� _ �:�-_,. .- - - t•. �.�.- ..^' � L�ti!.r L1.V�.1 �L�r `'\ /. .•s��� _ !. Pan I Page 2 of 2 Pcrmil No. NC5000355 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: ST'ORA-IN aTER 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 II1, 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 stormv,later 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 nar-native 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 dra%vn to scale with the distance legend indicating location of industrial activities (including storage of materials. disposal areas. process areas and loadM2 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. ?. Storrnwater 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 storms;•ater, including structural and Part 11 Pay_>e I of 6 Permit No. NCSoo()i52� nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the followina: (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 per7nittee 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 I11 of the Stsperfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardoiis substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to ston-nwater 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 reiease shall be kept for a period of five years. (C) BivlP 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 necessarv. 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 throt.'ah 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. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part 11 Pa,e 2 of 6 Permit No. NCSCOM5 and systems. inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible For the overall coordination, development, implementation, and revision to the Plan. Responsibiiities 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 permittee shall provide certification in writing (in accordance with Part III. Standard Conditions, Section B. Paragraph 3) to the Director that the changes have been made. Facility inspection Prograrn. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the Fall (September-tiovember) 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 II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training, provided to employees, including the log of the sampling data and of activities taken to implement 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 II Page 3 orb Permit No, NCS000 S5 SECTION B: ANALYTICAL N/[ONITORING REQUIREMENTS During the period beginning on the effective date of the per-rrtit and lasting until expiration, the permittee is authorized to discharge storrnwater subject to the provisions of this permit. All analytical monitoring shall be performed during a representative storm event. Proposed facilities are required to perform sampling and analyses of the parameters prescribed in the Form 2F one time during the first two years of operation of the facility. Based upon a review of the data from the operating facility, the Division may amend the monitoring requirements of this permit. Part it Pase 4 of 6 Permit No. !ECS0003S5 SECTION C: QUALITATIVE 1VIONITORING 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 1. 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. v In the event an atypical condition is noted at a stormwater discharge outfall, the Petmittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Qualitative iMonitoring Requirements Discharge Characteristics Frequency v10tiitoring Locati«nl 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: l Monitoring Location: Qualitative monitoring, shall be performed at each stormwater discharge outfall (SDO) reLy7ardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occumna on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be performed at all 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 4 analytical samplings being conducted over the term of Part II Pane 5 of 6 Permit No. NCS000385 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff From vehicle maintenance areas. The pe:Tnittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified in Table 3. "fable 2. Analytical Monitoring Requirements for On-SiteNehicle [Maintenance llischarge Characteristics = Units Measurement Frequencyr Sample Type'- Sample Location3 H standard Quarterly- =4" year Grab SDO Oil and Grease mall Quarterly- Xh year Grab SDO Total suspended Solids mg/l Quarterly- 4" year Grab SDO New Motor Oil Usage gallons/month Quarterlv- =4`" year Estimate - Total Flow-' MG Quarterly- =4`' Year Grab SDO Footnotes: 1 N(leasurement Frequency: Once per quarter during the =4'" year of the permit term. A year is defined as the 12 month period be2inninU on the month and day of issuance of the Permit. Sze Table 2 for schedule of monitorinU periods. 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 dischnr�,e. [r 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. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff From areas) where vehicle maintenance acr"Wes occur. -4 Total flow shall be: (a) measured continuously. (b) calculated based on the amount of area draininV to the outfall. the amount of built -upon limpervious) 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. Table 3 !\Monitoring schedule Monitoringperiod Sample Number Start End Year 4 - l" gt.tarter 1 July 1, 2004 September 30, 2004 Year 4 - 2" quarter 2 October 1. 2004 I December 3 1, 2004 Year 4 - 3 quarter 3 January 1. 2005 March 31. 2005 Year 4 - 4"' quartet- 4 April 1. 2005 I June 30, 2005 Part II Page 6 of 6 Pt, ntit No. Ni CS000385 PART III STANDARD CONDITIONS FOR NPDES STORNIWATI-R INDIVIDUAL PERNIITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controis 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 II. Section A. Paragraph 2(b) of this permit. shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment. as specified in Part H. 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 Com Iv. The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is Lrounds for enforcement action_ for permit termination. revocation and reissuance, or modification; or denial of a permit upon renewal application, The permittee shall comply with standards or prohibitions established under section 30j(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 vet been modified to incorporate the requirement. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25.000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2.500 to S25.000 per day of violation. or imprisonment for not more than l year, or both, Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to S50,000 per day of violation. or imprisonment for not more than 3 years, or both. Also. any person who violates a permit condition may be assessed an administrative penalty not to exceed S!0.000 per violation with the maximum amount not to exceed 5125.000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).J Under state law, a daily civil penalty of not more than ten thousand dollars (S 10.000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. (Ref: North Carolina General Statutes 1 13-215.6AJ d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302. 306, 30 4. 308, 318. or 405 of the Act, or any permit conditions 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 S 10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed S25,000. Penalties for Class II violations are not to exceed $ 10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed S 125,000, Part 111 Page I of 8 Pa2es Permit No ucS000355 3. Duty to rNlitivate 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 ILI. Section C of this permit regarding bypassing of s[ormwater 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. 143-2 t5.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities. or.penalties to which the permittee is or may be subject to under NCGS 143-215,75 et seq. -or Section 311 of the Federal Act. 33 USC 1321. 6, Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property. or any exclusive privileges. nor does it authorize any injure to private property or any invasion of personal rights. nor any infringement of Federal. -State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit. or the application of any provision 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 [hereby. 3. Duty to Provide Information The permittee shall furnish to the Director. within a reasonable time. any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing. or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request. copies of records required to be kept by this individual permit. ). Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction. be punished by a fine of not more than 510,000 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 520,000 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 Not. NCS000385 permit, including monitoring reports or reports of compliance or noncompliance shalh upon conviction_ be punished by a tine of not more than Si0.000 per violation, or by imprisonment for not more than two years ' per violation, or by both. SECTION 3: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date_ Any permittee that has not requested renewal at least 180 days prior to expiration. or any permittee that does not have a permit after the expiration and has not requested renewal at least ISO days prior to e.rpiration, 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. Sipnatory Requirements All applications, reports. or information submitted to the Director shall he signed and certified. All applications to be covered under this individual permit shall be signed as follo«'s: (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 emploving more than 250 persons or having gross annual sales or expenditures exceeding'_5 million (in second quarter 1930 dollars). if authority to sign documents has been assigned or delegated to the ntanacer 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. 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 Pape 3 of 8 Pages Permit No. NCS0003S5 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying, a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall mane 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." Individual Permit Modification_ Revocation and Re1SSnance- Or Termination The issuance of this iridividuai permit does not prohibit the Director from reopening and modifving the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the Taws, rules. and regulations contained in Title 40, Code of Federal Regulations, Parts 1.22 and 123: Title 15A of the `North Carolina Administrative Code. Subchapter 2H .0100; and North Carolina General Statute 143-215. 1 et. al. Permit factions The permit may be modified. revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stnv any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Niaintenance 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 permitter- 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 activit.. in order to maintain compliance with the condition of this individual permit. B_vpassin, of Storniwat�6r Control Facilities Bvpass is prohibited and the Director may take enforcement action against a permittee for bypass unless: 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 III Pm,e 4 of 8 Pages Permit No. NCS0003S� weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonabie engineeringjudtigment 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 Sampling Samples collected and measurements taken. as required herein, shall be characteristic of the volume and nature of the permitted discharge. analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement. sample, inspection or maintenance activity performed or collected pursuant to the - requirements of this individual permit. the permittee shall record the following information: a. The date. exact place, and time of sampling. measurements. inspection or maintenance activity, b_ The individual(s) who performed the sampling, measurements. inspection or maintenance activity: C. The dates) analyses were performed: d. The individual(s) who performed the analvses; e. The analytical techniques or methods used: and The results of such analvses. 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 or monitored discharges. 4. Test Procedures Test procedures for the, analysis or pollutants shall conform to the ENMC 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. or the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR I36. To meet the intent of the monitoring required by this individual permit. all test procedures must produce minimum detection and reporting levels and ail data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of S Paues Permit No. tINCS0003S5 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6, Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information. including all calibration and maintenance records and all original strip chart recordings for continuous monitoriniz instrumentation. and copies of all reports required by this individual permit ror 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. Ins ection and Entry The permittee shall allow the Director. or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to-, a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted. or where records must be kept under the conditions of this individual permit; b. Have access to and copy. at reasonable times. any records that must be kept under the conditions or 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 REQUIREIMENTS 1. Dischargc 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 Report 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 P:r«e 6 of 8 Paiges Permit No. NCS000385 Availability of Reports Except for data determined to be confidential under NCGS I43-215.3(a)(3) or Section 303 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 143-215.68 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge. the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted faciiity 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) - 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. y Bypass :anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice. if possible at least ten days before the date of the bypass: including an evaluation of the anticipated quality and affect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass_ Tweniv-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 [he permittee became aware of the circumstances. A written submission shall also be provided within a days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance. including exact dates and times, and if the noncompliance has not been corrected. the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of S Paues Permll No. NCS000385 10. Other Int-ormation Where the permittee becomes aware that it Failed to submit any relevant Facts in an application for an individua3 permit or in any report to the Director. it shad promptly submit such facts or information. Part III Pane 8 of 8 Pa2CS Permit No, NCS000385 PARTIV 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 poilu;ant 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 ADr%,IINISTERING 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-I .0105(b)(4) may cause this Division to initiate action to revolve the Individual Permit. PART V1 DE1{INITIONS Act See Clean Water act. 2. Arithmetic iti•lean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowahie Non-Soormwater 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 Ilushings, water from footing drains. flows from riparian habitats and wetlands. (c) Discharges resulting from tire -fighting or fire -fighting training. 4. Best iyianagement Practices (BMPs) ,Measures or practices used to reduce the amount of pollution entering surface waters. 131%Vs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. M(: 000 3S5 5. Bvpas5 A bypass is the known diversion of stormwater From any portion of a stormwater control Facility including the collection systern. which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, m.rnutactured products, waste materials or by-products with a single above Around storage container having a capacity of greater than 660 gallons or with multiple above around storage containers located in close proximity to each other having a total combined storage capacity of greater :han t,320 gallons. 7. Clean Water Act The Federal Water Pollution Controi Act. also known as the Clean Water Act (CIXA). as amended_ 33 USC M 1. et. seq. S. 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. I1�Mq The North Carolina Environmental Nlanagement Commission. IL Grab Sarnole An individual sample collected instantaneously Grab samples that will be directly anaiyzed or qualitatively monitored must be '.;iken within the first 30 minutes of discharge. 12. Hazardous Suhstance Any substance designated under 40 CFR Part 116 pursuant ¢o 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 Svstem A stormwater collection system within an incorporated area of local self-�,overnment such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated. that overlies a mineral deposit. excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000155 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 convevance 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 Ehen stops, a sample may be collected if a rain producing a discharge begins again within the nest 10 hours. 19. Representative QWfall 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 permitter 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 inciude washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containmem structure plus sufficient freeboard to allow for the 25-vear. 24-hour storm event. 22. Section 313 Water Prioritv Chemical A chemical or chemical cate2ory which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title lit of the Superfund Amendments and Reauthorization Act (SARA) of 19.S6. also titled the Emergenev 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 followim, criteria: { l } 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); (�) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS0003SS 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 naturai 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 rate 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 stormwater discharges. 25, Significant Shills Includes. but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1 I7.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snovvmelt, 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing. processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in =40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the INMES 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 worth Carolina Erosion and Sediment Control Plannin_ and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfail..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. 3 L Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. tNCS000385 . 31 Uosct Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors bevund 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. Z. 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 eve. 35. 25-vear. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average. once in 25 years. MI fart VI Pa<zu 5 of 5 Pages NOV PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSI 1617 Mail Service Center, Raleigh, NC Z7699-1617=-�= `"-= NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143. General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to persons listed below on July 9, 2001, and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than June 22, 2001, All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Water Quality, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617, (919) 733-5083, The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should be make reference to the NPDES permit number listed below. NPDES No. NCS000385 DSM Desotech, Inc. 1 101 South Hwy. 21, Stanley, North Carolina 28164, has applied for a permit to discharge storm water associated with industrial activities at a facility located at DSM Desotech, Inc.,1101 South Hwy. 21, Stanley, Gaston County. The facility discharges to the waters of the Catawba Broad River Basin. Date Mau / J '2m Kerr T. Stevens, Director Division of Water Quality NC DEPT. OF ENVIROWAENT AND UA'r%jti, MOORESbil_t,i R4 is �# r. r MAY 2 4 2001 WATER QUALITY SECTION NCS000385 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER T%1E NATIONAL POLLI-J'ANT 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'"Ue. North Carolina Environmental 4 ?1'`% ' . Management Commission, and the Federal Water Pollution Control Act, as amended, DS is hereby authorized to discharge stormwater l'roff':!facility located at DSMI'esotech, Inc. .101 South Highway 27 Stanley, NC Gaston County to receiving waters de'si''nted'as South Stanley Creels, a class WS IV stream, in the Catawba Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V and VI hereof. This permit shall become effective August 1, 2001. This permit and the authorization to discharge shall expire at midnight on July 31, 2006. Signed this day July 9, 2001. for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000385 SECTION C: LOCATION MAP �' • ; r-7 Y. � �, �.-r�,,. ��)r � � :�1ti 7"l.�j i' (� �'tc.,,.. � j" J %'- "'�`` .... --� f+� _ •, it '°'� hl'+ \, `F � f \ - � /�/ ���.L.. ti ? LlJ ] j" r: "'^ � it -•,ram -',�(- i _.: _' 4�'� �•.s nn er � r'�. L1 �, i. � � - 1. ,i ` t \ {/ j •�V�. �1 i`Y�•r�• .,_ �r 1 �� .y:f� cl •'n rjj � Jrl t1 •ter•-' `���/•r � � I` %L � `• �• i. ti j 1 s' r �'}] ' I •'�' l! / \'1 ly �1 ri ,L. i' ,..r V 1., •' . 405 '?� ' .� 1 - , •'y" ' ✓'` * " f'''�` ti # . I 'l t r''/ l `I 'i 1 �1i�: i♦ f.��$i " ��` •,.~ .. ' ,J Q �':• -! _ i', i.r � t} I!"``'• •;r..: i rirr' �,r t-i1 !J_ 1� � " � ! ✓ •y .•.:7.- �•, �,"' :� � \ i �t r 1/ �r ` `f, tj 7. r w i 4� f. + it1T �.. Sfi i �Ss~� '?s V .r Jt y ` 4 "b t' f •�(/�' r 5' �j ��- ; i� ti 66 ;,, i S r �S' i4J's. - �.+•, f' ^;��1�1�'j•7'.�G�' \ �i f s r • r k .>'�5 �,'. ; a s h,{., 20 „S l ''� :i j1� �. _ �i n °�' " jr ' �, {? /'aa� y:•' r � •� 11/ '� .--.rt ~�`��r• �'%�1y }�� "�«s. � 191i ram_ /� t p'J�,•�, �•+,. ��l::f;� � F � lra�:#1.:'� r� ��'"z�: ��:-, �x--��j����x t'� F�If r'i ��' '` •� r \ � � � -ti�et �7i� rhs�"x f - r825 i �" ��.+' t - � //'� �.'ti � }'•. �'-'.•'` 1���C��\ �Tj °!J ' �� .4 '� � .. _ ;\Ai /,b" 5'., ~ �� ti, • sir -# j:_ �• v 1` '•''\k''� —?',� F .� -�� ••�`',t�.. ` Lr 0•it i. J4J t•s f t i(�' /� 4'\\`,`\,, . `i1. h•\ `r`rr4 '1 of .\' '� J �• �'• •''� ty Y3S1ys " til : � 5` 'y' 1�S x" YV� ,I_"=l', ✓ 1 "( . dd f - �, •' ( s tl� .a,} k ,.,.r9. �, ..-� rrr, .yam•'`.. S, r� r- %''.- •`.`. • ��! � .IJ+� a�. }F... _.•sy. ''-rS- - A'� 4 7 7 C� r Nrt 1 \ .?: �' . `icy ,•� �r �-�'+ f\ � � (� { � �.�i r� r•+ �'��� \ \.� ,�r`•. + „y, . �.�3.5,.-�-��•"t� -R�� �� �y c R,= �� ��.�\. �� .1 1�- �\,.'r••, � ':�';;� } 1 J� �L FFL} Jf � r,Jf�•��('!�r P.��l � • �' _ J`�� .P ?ppC :�tri.' � � Y� �� � S rt�=� ~,� � � AA t.• � �. ~��;1"� "i �': �l ;vim." �. ^=V .� a''r'1 I s�, -, ��;�` � _ ` r,l � ,;J 1' Ey jl! `R - 1T I '��-✓•\r h ,� 5!r �AVWS000 5'F5 u rru i l rf�� J ~ 1� �jj r—'f 3��s'�'!+'.;�, � �-�`C, � -i., � __��'. f •,, �,i t�� r.���i •. '< r•� f..�iss �%��i tti :S•_F r � %/i, { ��F� .,;��.'^y.,: V4 ��''�'. '\,�\ � � ',. ,ti.=^���,�, :a rri �'^��Mlq ���ri•'y'#� �,.f �� .�.•�L„. 1. • aa. � � ! `�i ��- Y( ! •. � .� �c rt t `+� 41�!''N� _ 3.7� F �L - �i �ii��iJr •s';•� ` Il '.' � � • -C:' � "< �t:,�:wh:'3� r ; ^4.�'S •;: St• r .�aD.� ♦ f� :.ti ..s4ly� c. •,/ �� ,,%f/j -+ � �: s r `,s y \•• ;,s ,� :rr� i a5''. /1 ' .� .�1� N., .�f� _ 1 , s.y! ,n ��.�: r,: ' !r'A � tpi�•. { t yµ .✓ 4•'y� is r�r `' ��''' ', ti.� •�- �.� �r �w Y�%.�N� V /,� S'•+S Iu���� r. ✓1 �� �r:'r i'�,•,Sr��p. f �'i9i� r�� � r�(� 1i Lg 1 s�- "f r.>>< �. � � r _ tcArj �rl i�[� ��F�4 '•1t''•L,la:: .:jcy g+t,. 4'a� i:✓� ��' ``.{�.. ~.�.c ,y,^••ti �`_} �._!�! 1'�.ir'`^`'\Lr .,r 1. '� r? ^� . /� s / �- !. r jJ "� r,t '�' jf;.r, Y G•...,..� -v��ti Rw N �% '! ra_w.. �h' -': ! 1 ..7? wf,�- �✓ -_ ` o t :"T ty -- �, - y .- ,� ,A,s�y� '. • �'! '~ .,t` �i"� �•-.`-rye• 4M'Vu ,•��t'�!• I., .;^� R. �ywitr • ZL° aVs v.��T71i x,�..�:C1 ry '•, �.�rq frr -(�: t S{ / �' r ti - ff� t A Vl /+/ 1 Y �+ I. .� _ 'ayi' ,�f , •C 1 ' 'S �a � !` -' f S �• i -+.Lf r sue'. �: � • a � i •. - •i i / • Yi �a �{ +' r y - si�{VF V i t" r i 1. :� AID �'� .\,;'.... �,�� ''ice,.• •,N r i '� ,M 1x�9%�yr -•\ 'i"�'{r JJ (1jI t��+Y r yy��rr�..f{: �.F,. F y j_ J f•-. _. +��r/'ry .ry f( _ ::� � ``� 6 4 •'/f / 1 . � • /1 6 '' {Q•�J s ''� - y, •� ��,`..•'`^wA i, � r r �� � -- a ` L';r ,P> 4v' J i � f� •.� }�`�'\r '"A ;4i`� �f.+' �`�•%,��� :� s _.f, q'.,� � �y ''e '`�i�• ! '�{•. .frl �_ .:'--' � � :�, - �,Y��F?'+ �. t\ r : `' \S .-~'�"� \ - .itin�.i t •:emu r : % •.- \'`. �. r MIlad •S►-15 N c' r 'f- -1►'; ;1Rr t ' �.� • "/ /'t +i'^rw.•-L:� :;'i �. r� • j\✓ �',i••1 �.: r �.Q� ,1 .-� `\\: k`i I4R-• i ` `...' :� '�..-f � " �l ''-�• � rf�„y - ;->y`,.�r- r• !{I " i;�/r �\',�... Y� � it "'�t.�, fir.' �r-. }} r••� rk-:,.I y:�r,! r.cJ�r _ i%' Ir•�•'"- •�'.��i 111_.t__�..� 1':�1.�r—.. \ """i .-.;1 r Part I Page 2 of 2 Permit No, NCS000385 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 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Qualitative Monitoring Requirements DSc harge Char'acteri5ttc5 k v� i i 7 3Y tp" ' Freyuenc y 4 ;, 7..Ca .Cai'fi10 Monitoring Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be performed at all 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 4 analytical samplings being conducted over the term of Part II Page 5 of G Permit No. NCS000385 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified in Table 3. Table 2. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Cl aracteristics �} Un�ts''� °��a Me�sureinent .;Frequency? SamE�le �; Ty e2 - ',` SampEe; � �LocatiofP t-1 standard Quarterly- 4" year Grab SDO Oil and Grease m I Quarterly- 4'„ year Grab SDO Total suspended Solids m I Quarterly- 4" year Grab SDO New Motor Oil Usagegallons/month Quarterly- 4" year Estimate - Total FIOw4 I MG Quarterly- 4" year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the 4h 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. Table 3 Monitoring schedule Monitoring period- SampleiNumh'er Year 4 - I" quarter I July I, 2004 September 30, 2004 Year 4 - 2r" quarter 2 October 1, 2004 December 31, 2004 Year 4 - 3`, quarter 3 January I, 2005 March 31, 2005 Year 4 - 4"' quarter 4 April 1, 2005 June 30, 2005 Part II Page 6 of 6 Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ,Qyvtf� January '12, 2009 Mr. Les Nack DSM Desotech Incorporated 'I122 St. Charles Street Elgin, IL 60120 Coleen H. Sullins, Director Division of Water Quality Subject: Final NPDES Storm water Permit Permit NCS000385 DSM Desotech Incorporated Gaston County Dear Mr. Nack: In response to your renewal application for contimred coverage under NPDIS stormwater permit NCS000385, 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 -143-21.5 .1. and the Memorandum of Agreement betweeii North Carolina and the U.S. Environmental Protection agency dated October 15, 2007. (or as subsequently amended). This final permit includes no major changes front the draft permit sent to you on November 24, 2008. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. F,1ilt11'e to complete the monitoring as recluirecl is a violation of the permit,and any permit noncompliance constitutes a violation of 11-te Clean Water Act. Reference fart III, Section A, Item 2 "Duty 10 Colilply", 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 die right to an adjudicatory hearing upon written request within thirty (30) clays following . receipt of this letter. This request must be in the form of a written petition, conforming to Chapter'15013 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 shali be final and binding. Per the requirements of the Catawba Riparian l3offer Rule:, all storm water drainage from portions of this site that have been constructed after June 30, 2001 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per :15A NCAC 213.0243. Diffuse flow requirements are descrituad in Chapter 8 of. the North Carolina Stormwater-BNIP Manual, available at: http:!/Iz2o.enr.stake.nc.us/su/bmy _forms.l�tm Please take notice this permit is not transferable. Part III, t3.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does hot affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by One NorthCarolina �valllwllff Nonit Carolina Dvision uf' Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr,state.%.us 512 N. Salisbury St. Raicigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal opportunitylAfrmative Action Employer — 50% Recycled/10% Post Consumer Paper Les Nack DSM Desotech Incorporated Permit No. NCS000385 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 or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or brian.lowtherCncitjail net_ Sincerely, ORIGINAL SIGNED BY KEN PIME Jor Coleen H. Sullins, Director cc: M601'csville Regional Office, Water Quality Section Mike Mitchell, EPA Region IV _ Stormwater Perm_ fitting Unit Central Files . Debbie Clay, DSM Desotech Incorporated,1101 S HWY 27, Stanley, NC 28164 Attachments: Individual Stornlwater Permit NCS000385 2 NCS000385 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORM WATER UNDER THE NATIONAI. 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 Waiter Pollution Control Act, as amended, DSM Desotech, Inc. is hereby authorized to discharge storniwatcr from -a facility located at DSM Desotech, Inc. l 101 South Highway 27 Stanley, NC Gaston County to receiving waters designated as South Stanley Creek, a class WS-IV stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements,'and other conditions set forth in Parts 1,11, 111, IV, V and VI hereof. "this Permit shall become effective {.1`cbruary 1,.2009j. e This permit and the authorization to discharge shall expire at midnight on [January 31, 2014] Signed this day [January 12, 20091. . ORIGINAL SIGNED BY KEN PICKLE for- Coleen Ff. Sullins Director Division of Water Quality By the Authority of the Environmental Management Coniniission Permit No. NCS000385 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 Maintbnance Monitoring RegUirenlents PART III STANDARD CONDITIONS FOR NPDCS STORMWATER INDIVIDUAL PERMITS -- Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3: Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 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 i Permit No. NCSOOG385 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C. Operation and Maintenance of POPLItion Controls ' I. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Storn-water Control Facilities Section D: Monitoring and Records I. Representative Sampling; 2, Recording Results 3. Flow Measurements 4. Test Procedures 15. Rcpresentative OutfalI 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements I. 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 Pennit No, NCS000385 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 C1+R § 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 NCI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that hats been -adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval, The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local Iaw, rule, standard, ordinance, order, judgment, or decree. Pert t Page 6 of 2 SECTION C. LOCATION MAP . Pumit No. NCS000385 Latitude: 35"20'31,71" N NCS000385 Facility 7, 7.7" Longitude: 81'434-65"W County: Gaston DSM Desotech, Inc- Location Stream Class: WS-TV, Receiving Stream: South Stanley Creek Sub -basin: 03-08-33 (C,.it-.iwb,,i River 13as1ii) Cffotf/,t Map Not to Scale Part I Page 2 oF2 Permit No. NCS000385 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCRARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee sliall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part II1, Standard Conditions, Section E, Paragraph 3 of -this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site than shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location. map (OSGS 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 outfali(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 aiteffi atively the site map) should 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 parameters) of concern area North Carolina's 303(d) List can be found here: http://h2o.enr.state'.nc.us/tmd l/Gener.il_303d.htm#Downloads North Carolina TMDL documents can be found here: littp://h2o.enr.st-ate.ne.us/trndllTMDL list. htm#Final TMDLs b.. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items_ (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location or industrial activities (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) Direction of flow Part 11 Page I of 10 PennitNo. NCS000385 (9) All on -site and adjacent surface waters and wetlands (10) Building locations (1 I) Existing and proposed BM1's, and (12) Impervious surfaces A list of significant spills or leaks of pollutants that have occurred at the facility during; the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 111, Standard Conditions, Section B, Paragraph 3. The permittee shall re-certify.annually that the stormwater'outfails have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of tile' materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural rncasures: The stormwater management plan, at a minimum, shall incorporate the following;: a. I"easibility 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 perill ittee shall prevent exposure of all storage. areas, material handling operations, and manuracturing or fueling operations by permanent or semi -permanent covers. 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 Requiremchts and Records. Secondary containment is required for: .bulk storage of liquid materials; storage in any amount of Section 3.13 of Title lit of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances to prevent leaks and spills from contaminating; stonnwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained, and shall record the volume capacity of each tank and containment area. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that aceumulatcs in the containment area shall be at a mininuun visually observed for color, roam, 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 Pia€ ii Pag;c 2 of tQ Permit No. NCS000385 accumulated stormwater and the date, and time of the release shall be kept for a period of five (5) years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMI's) to be considered such as, but not limited to, diversion structures, secondary containment structures, oil.and grease separation, debris control, vegetative filter strips, inlfiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPIZI') 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, an oil SPCC plan may be a component of the•SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into•the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stonnwater control systems, plant equipment -and systems. Inspection of Material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. The program shall specifically identify industrial areas that have the potential for soil erosion, and must specifically note the preventative 13MP or maintenance activity implemented in the areas, and must include - regular inspections of the areas. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup'procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff facility personnel (or team) responsible for implementing -the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments •provided. 7. Plan Amendment. The permittee. shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential far the discharge of pollutants to surface waters. The Stormwater Pollution Prevention PIan shall be reviewed and updated on an annual basis. The annual update Part H Page 3 of 10 Pcrmit No. NCS000385 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. The Director may noti fy 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 flan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part I11, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. : S. •. facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum al a serni-annual schedule, once during the first half of the year (January through June) and once during; the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 of this permit_ 9. Implementation, The permittee shall implement the Plan. 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 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 live (5) years and made available to the Director or the Director's authorized representative immediately upon request. tart I l rage 4 of i 0 Penn itNo. NCS000385 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The rcquired n-tonitoring will result in a minimum of ten analytical samplings being conducted over the terns of the permit at each stormwater 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 consecutivehours 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. i Table 1. Analytical Monitoring Requirements t�iDtlage h 4' t F =MaurenlCL_lenrequency Saml�let �E !d!r , S.nmple* ' ! } Characteristics 4 kr,T $, - 1 Location' r t ,{�_.� , k..::- ., t' . Total Sus ended Solids m Y L semi-annual Grab SDO 1-I standard semi-annual Grab SDO Total RainfaW inches semi-annual ain Gau e - Footnotes: 1 Measurement Frequency: Twice per year during a representative stonn 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 pennitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle- 2 if the stormwater runoff is controlled by a storrnwater 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 stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The 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 I and Period 2 sample dates unless moxtthly monitoring has been instituted under a Tier Two response. Part 11 Page 5 of 10 Permit No. NCS000385 Table 2. MonitorinLy Schedule r` Miinttortg Pei ioc� z�? S'+npleaNiimber,' `,'Starts Ettcll Year 1 —Period 1 1 February 1, 2009 July 31, 2009 Year I'— Pcribd 2 2 August 1, 2009 January 31, 2010. Year 2 — Period 1 3 February 1, 2010 July 31, 2010 Year 2 — Period 2 4 August 1, 2010 Januaq 31, 2011 Year 3 — Period 1: 5 February 1, 2011 July 31, 2011 Year 3 — Period 2 6 August 1, 2011 January 31, 2012 Year 4 — Period 1 7 February 1, 2012 July 31,-2012 Year 4 — Period 2 8 August 1, 2012 January 31, 2013 Year 5 -- Period 1 9 February 1, 2013 July 31, 2013 Year 5 — Period 2 10 August 1-, 2013 'January 31, 2014 Footnotes: Maintain semi annual monitoring; daring permit renewal process. The applicant must continuo semi-annual _ - monitoring; until the renewed permit is issued, 2 If no discharge occurs during the sampling; period, the permittee must submit a monitoring report indicating "No Flow" within 30 days bl'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 pertnittee's Siormwater Pollution Prevention Plan (SPPP). Lxcecdances 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'Pier One and Tier Two. Table 3. Benchmark Values for Analvtical Monitoring Disclt:trgc C5i racfcrtstics' x ' " Linitsb �, .,.4 k 1 ! ' ',,-y ' I3cnc�imark, Total Suspended Solids mg/L 100 standard 6-9 Part II Page 6 of 10 Permit No. NCS000385 If. The first valid sampling results are above a benchmark value, or outside of the benchmark for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwatei management inspection of the facility within two weeks of receiving; sampling results. 2. Identify and evaluate possible causes of the benchmark value exccedence. 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. Implenhent the selected actions within two months of the inspection. 5. Record -each instance of,a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the bench -nark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were If: During the ternn 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 peri,bittee 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 How." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part ii Page 7 of 10 11cmit No. NCS000385 During; the term of this permit, if'the valid sampling results required l:or 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 d;1ys of receipt of the fourth analytical results.. DWQ may, but is not'linlited to: • require that the peI•nlittce 111CIVcase or decrease the monitoring frequency for the remainder of the permit;' Require the permittee to install structural stormwater controls; a Require the permittee to implement other stormwater control measures; or. Require that the permittee implement site modifications to qualify for the No Exposure Exclusion, SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection'of each stormwater outfall reggardless of representative outfall status and shall be performed as speci Lied in Table 4, during the analytical monituring event. Qualitative monitoring is for the,purpose of evaluating; the effectiveness of the Stormwater Pollutim Prevention flan (SPPP) and assessing new sources of stormwater pollution. Pranalytical monitoring is not required, the permittee still Must CondUCt sellll-atlllual qualitative monitoring. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the -suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. . . `fable 4. Qualitative Monitoring; Requirements I I x III I L! 1aracter>istics'!L �' 111 N �aW UI v-u w i h i Fr�tluc.ncy��.� �_�� n 04M_ �1VluniItoring ,�_ I,,��.. Locattopz ..� k 1�M Color semi-annual SDO Odor semi-arinual SDO Clarity semi-annual SDO Floating Solids scllli-annual 5DO Suspended -lids semi-anntial SDO -So Foam, sem i-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the semi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Paid I Page 8 of 10 Permit No. NCS000385 Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule ofmonitoring periods through the end of this permitting cycle. 2 Monitoring location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfal l status. SECTjON D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform- - analytical monitoring as specified below in Table 5. - This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event.' Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance ' g 1 Dtschar a Charactertsttcs - y _vv�..,.. •[ r§. Uri�ts' �Measurerrteiit y,, - x -T .' Oi 'G,?war ` jam^..- 'S. t C i'Frc acne „n. a :'Simi le, ; T e?fi.�Lncahon3l' " �� Satn le p _ W l ..i H standard semi-annual Grab SDO Oil and Grease m g/l semi-annual Grab SDO Fotal Suspended Solids to r/I semi-annual Grab SDO Total Rainfall' inches semi-annual Rain gauge New Motor Oil Usage gallons/month I 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 orthis 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 inust continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this pennitfing cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the First 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 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 b. The benchmark values in Table G are not permit limits but should be used as guidelines for the pertnittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the Part 11 Page 9 of 10 Pennit No. NCS000385 permittee to increase monitoring;, increase management actions, incrcase record keeping, and/or install stormwater Best Management Practices (BM1's), as provided in fart It Section 13. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring �Iiifr M� ullill ', w. 'rll"f rRli i-ell 0. 1 -�ihl° I Uiscliargc'Character»t►c �r'.ii'fa^ P .' i � IIN Fi Units iIr ;.� �M iiitid � 4 1A 4 I r-I�ji�,� E Benclam.irk to . ,;, „d_._. K.. PH standard 6-9 Oil and Grease mg;/L 30 Total Suspended Solids nig;/11 100 Part I I Page 10 of 10 Perm it No. NCS000385 PART 111 STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed arid implemented within 12 months of the effective date of the initial permit and updated thereal[cr on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal Under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part It, 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 pernnittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for cnlorcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.' a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000-per day of violation, or imprisonment for not more than 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 a.n administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFK 122.41(a). ] c. Under state law, a daily civil penalty of not more than ten lhousand dollars ($ 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 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 S 10,000 per violation, with the maximum amount of any Gass penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page I of 8 . Permit No. NCS000385 $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. QLAY to Miti gate The pcnllittee sliall take all reasonable steps'to minimize or prevent any discharge in violation of this individual pennit which has a reasonable likelihood of adversely affecting human health or the cnvti"011111e11t, Civil and Criminal Liability [except as provided in Part 111, Section C of this permit regarding bypassing of stonnwater control facilities, nothing in this individual permit shall be construed to relieve.1he 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 Liabilit Nothing in this individual pennit 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 ct seq, or Section 311 of the Federal Act, 33 USC 1321. Property Riellts 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 rijhts, 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. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating Ilse pennit issued pursuant'to this individual permit or to determine compliance 'witil this individual permit. The permittee shall also furnish to the Director upon request, topics of records rcgteired to be kept by this individual pennit. Penalties for ,rant erin TI1e 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. Ifa conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a tine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part Ill Page 2.of 8 Permit No. NCS000385 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION 13: GENERAL, CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will' be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the -name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold -or closed. .3, Si nato Re uirernents 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 case ofa 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 held, superintendent, a position of equivalent Part lit Page 3 of 8 Permit No. NCS000385 responsibility, or an individual or position having overall responsibility for environmental mattcrs for the company. (A duly authorized representative may thus be ertlrer a natned individual or any individual occupying a named position.); and. (3) The written authori7vion is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: 1 certify, under penalty of law, that this docnment.and all attachments were prepared under lily direction or supervision'in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on illy 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 ant aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations," 4. Individual Permit Modification, evocation and Reissuance, orTermination 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, farts 122 and 123; 'Title 15A of the North Carolina Administrative, Code, Subchapter 2N •.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 1, Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems oflreatment 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 arc installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Hall 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. I3ypassing of Stor iwater 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; arid PartI l l Page 4 of 8 Permit No. NCS000385 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry, weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass .which occurred during normal periods of equipment downtime or preventive maintenance; and . C. The permittee Submitted notices as required under, Part 111, Section E of this permit. If the Director detennines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken; as required herein, shall be characteristic of tlic volume and nature of the permitted discharge.. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity perfor•tned 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; G. The date(s) analyses were performed; d. The.individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. 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 ofthe volume of monitored discharges. Test Procedures "rest procedures for the analysis of pollutants shall conform to the LMC 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. NCS000385 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 minimuni detection or lower reporting level of the procedure. 5. Representative Oull'all I f a facility has nnrltiple discharge locations with substantially identical stormwater.discharges that arc required to be sampled, the permittee may petition the Director for represe»tative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling r'cquirentcnts may be performed at a reduced number of outfalls. t. . Records Retention Visual monitoring stall 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 perniiLtee 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 fora period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shalt 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 perulittee's premises where a regulated facility or activity is locates[ or conducted, or where records must be kept under the conditions of this individual permit; b. I -lave 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 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: REE'ORTINC REQUIREMENTS I. Discharce 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 frorn 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 l i t Pagc 6 of 8 Permit No. NCS060385 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) four provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. . . 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 3. Availability of RcRorts Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 309 of the Federal Act, 33 USC 1319, 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 malting any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.68 or in Section 309 of the Federal Act.. 4. . Non-StormwaterDischarees I1'thc 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 Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the -permitted facility which could'si;nificantly 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. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of. the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twen -four Hour Reporting The permittee shall report to the central office or the appropriate regional bffice 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. NCS000385 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 permiltee shall report all instances of noncompliance not reported under 24 hour reporting; at the One 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 I I I Page 8 of 8 NCS000385 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or watcr 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 duality 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 214 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Pennit. PART VI DEFINITIONS L I Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDL"S permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant fleshings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Mai q;ement Practices (13MPs) 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. NCS000385 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 roducts 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 Weiler Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251; et. seq. 8. Division or DWQ The Division of Watei• Quality, Department of Environment and Natural Resources. 9. Director. d 'file Director ofahe Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 1. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly ant:lyze'd or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Pert i 16 pursuant to Section 31 1 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 loth; -term storage facility or a rsurfttce storage facility. K . Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmclt, 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. NCS000385 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only ifa facility complies with the terms and conditions described in 40 CFR § 122.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which Stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain tip 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 storntwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls: 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title Ill of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages . Pennit No. NCS000385 (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), 'fable I (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 l(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe -Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of bypass. Severe property damage does not mean economic loss caused by delays in production. 25. SigniIicant_Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Tille 111 of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stornnvater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.2.1) or section 102 of URCLA (Ref. 40 CFR 302.4). 27. Stormwater Runcff The flow of water which results from precipitation anti which occurs imniediatcly following rainfall or ns a result of snowmelt. 28. Stornnvater Associated with Industrials Activity The discharge from any point source which is used {'or collecting and conveying stornnvater 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 delined in 40 Ci'R 122.26(b)(14). The term does not include discharges from facilities or activities excluded From the NPDES program, 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCSOO10385 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 (e) 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 that a waterbody can receive and still mcet 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 .eater quality standards and "TMDL programs. 31 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 pennittec. 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. 35. Vehicle Maintenance Activity Vehicle rehabilitation, tnechinical repairs, painting, fueling, Iribrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid parliculale 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- ear 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 z •��F +� A r��p Michael F. Easley, Governor William G• Ross Jr,, Secretary r North Carolina De e�ntn Environment and Natural Resources D C 1f Cole r, ns, November 24, 2008 NIOU 2 6 20d8 Mr, Les Nock T. DSM Desotech Incorporated :,4."> ,:;"1 1122 St, Charles Street DW,t, .. , 1 Elgin, IL 60120 r r+c'le i$ion Subject: Draft NPDES Stormwater Permit Permit No. ,NCS000385 DSM Desotech Incorporated Gaston County Dear Mr. Nack: Enclosed with this letter is a copy of the draft stormwater permit for your facility. PIease review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: . I., The analytical monitoring parameters, TN, phosphorus, BOD, COD, oil/grease, and nitrogen, have been removed from the sampling requirements in this permit, TSS and pH sampling have been maintained. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 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 1I 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°ihCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807.6300 Customer Service Internet h2o•enr•state. mus 512 N, Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1.877-623.6748 i An Equal Opportur1y/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper M: _es Nack DSM Desotech Incorporated Permit No. NCS000385 8. Vehicle main tenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins'vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit ch tinges: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving.stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part I1 Section A. More details �regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any'comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the'bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowtherc,ncmail.net cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 F W A 7'�RpG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director --q Division of Water Quality DATE: November 5, 2008 TO: Gaston Gazette NUMBER: 704-884-3031 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, November 11, 2008. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 DSM Desotech Incorporated, 1122 St. Charles St., Elgin, IL 60120 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at DSM Desotech Incorporated, 1101 S HWY 27, Stanley, NC, Gaston County. The facility discharges to waters designated as South Stanley Creek, within the Catawba River Basin. Copies of the draft permit, No. NCS000385, are available by contacting: Brian Lowther NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6368 brian.lowther@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than _December 12, 2008. 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 NCS000385. NC1 FN—R N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 11%07/2008 1.6:31 7048843031 PAGE 01/02 Im.r�ett�e www.gaslongeuLLe.com IN PRINIONLINE. ANME1 ❑ Urgent ❑ For Rev`ew ❑ Please CDmment ❑ Please Reply ❑ Please Recycle Phone: 704-869-1742 To: Sara Young NCDENR/DWQ Fax: 919-807-6494 Phone:919-780-7636 Re: Legal proof Comments: Fax: 704-884-3D31 Email: beberligastongazette,com From: Bernadette Pages: 2 Date. November 7, 2008 CC' Following is a proof of your legal notice scheduled to publish in The Gazette on Tuesday, November 11, 2008. Cost is $1311.00. Please advise before 12 noon Monday, if changes are needed. Thinks. 1i`/07/2008 16:31 7048843031 PAGE 02/02 Page Order Number PO Number Customer Contact Address? Address2 City St Zip Phone Fax Credit Card Printed By Entered By Keywords Notes Zones PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL. MANAGEMENT COMib1iSS10N 1617 MAIL SERVICE CENTER RALEIGH, NC 27899-1Bt7 DSM Dosotech, Inoorpo- fated, 1122 Si. Charles St., Elgin, IL 80120 has applied for an NPDES Stomlwater Permit to discharge elommater associated w)ih industrial activitlas at a fa- cility forated at DSM Dosotech incorporated, 1101 S HWY 27, Stanley, NC, Gaston County. The facility discharges to waters designated as South Stan- ley Creek, within the CO. lawba River Basin. Copies of the drag permit. No. NCS000385, are avail- ab:e by contacting: Brian Lowther NC Division or Water Quality 1017 Mail Service Center Raioigh, NC 27800-1817 Telephone Number (D18) 807.8368 brjan. Iowtho r9Rn cm a Il. n et Persons vAshing lo com- ment upon or object to the proposed dotormination are invited to submit their com. ments in wring to the above address no later than December 12, 2008. All comments received prior to the date will be ccn- sidered In the final deterrru- nabon regarding permit Is. suance. All comments and requests reference draft permit number NCS000385. 1C-November 11. 2008 1 of 1 11107/2008 15:03:34 Ad Number 54433001 Ad Key 54416829 Salesperson 52 - Roberta Publication . Gazette 30292309 NCDENP/DWO/Storrnwater PerrnSectionlit Classified Section Brian Lowther Sub Section Classified Section 1617 Mail Service Center Category Legals 000 Dates Run 1 t/11/2008-11f11l2008 Raleigh NC 276991,317 Days 1 (919) 780-7636 x8 Size 1 x 6.21, 60lines (919)733-0719 Words 159 Ad Rate L2 - Gaston Bernadette Eberli Ad Price 137.00 Roberta Crow Amount Paid 0.00 Amount Due 137,00 PUBLIC NOTICE DSM Desotech Incorporated, 1122 St. w AFFIDAVIT OF INSERTION OF ADVERTISMENT The Gaston Gazette Gastonia, N.C. Gaston County The Gaston Gazette does certify that the advertisement for: PUBLIC NOTICE DSM Desotech Incorporated, 1122 St. Charles St., Elgin, IL 60120 has applied for an Measuring 6.21 inches appeared in The Gaston Gazette, a newspaper published in Gaston County, Gastonia, N.C., in issue(s); 11 / 11 /2008, Name of Account: NCDENR/DWQIStormwater Permitting Unit Order Number: 54416829 Ad Number: 54433001 mr �Y CD '.. � > C r} x� p Cn �E Sworn to, and subscribed before me this 11 th day of November, 2008. Tina McCombs, Notary Public My Commission Expires July 4, 2012 Michael F. Easley, Governor William G. Ross Jr_, Secretary North Carolina Department of Environment and Natural Resources Coleen W. Sullins, Director Division of Water Quality November 24, 2008 Mr. Les Naek . DSM Desotech Incorporated 1122 St. Charles Street Elgin, IL 60120 Subject: 'Draft NPDES Stormwater Permit Permit No. NCS000385 DSM Desotech Incorporated Gaston County Dear Mr. Nack: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes 1. The analytical monitoring parameters, TN, phosphorus, BOD, COD, oil/grease, and nitrogen, have been removed from the sampling requirements in this permit. TSS and pH sampling have been maintained. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 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 `Pier 7 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 11 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 lv in this permit, however.) o`hCarolina I i )atrrra!!y North Carolina Division of Water Quality 1617 Mail Service Ccnter Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o,enr,statme.us 512 N. Salisbury Si. Raleigh, NC 27604 FAX (919) 807-6494 1.877-623.6748 I An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper I I 1 �1 t Ar. Les Nack DSM Desotech Incorporated Permit No. NCS000385 8. Vehicle main tenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. if the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-Stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part I1 Section A. More detailsregarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's Stormwater management controls as specified in Part lI 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 to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (91.9) 807-6368 or brian.lowther@ncmail•net cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft mit Sincerely, l3rian Lowther Environmental Engineer Stormwater Permitting Unit 2 N Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 27, 2008 Mr. Les Nack DSM Desotech Incorporated 1122 St. Charles Street Elgin, IL 60120 Subject: Draft NPDES Stormwater Permit Permit No. NCS000385 DSM Desotech Incorporated Gaston County Dear Mr. Nack: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's torrent permit: Analytical monitoring changes: 1. The analytical monitoring parameters, TN, phosphorus, BOD, COD, oil/grease, and nitrogen, have been removed from the sampling requirements in this permit. TSS and pH sampling have been maintained. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part it Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, 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.) N _phCaro ina Natmallly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807.6300 Customer Scrviw Internet: h2o.enrstate.ncus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-977-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 'Mr. Les Nack 15SM Desotech Incorporated Permit No. NCS000385 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: I. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a fist 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 Il Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part It Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-Stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's Stormwater management controls as specified in Part Il Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES Stormwater discharge permit requirements. Additional information is provided in Part 1 Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowther©ncmail.net cc: Mooresville Regional Office Stormwater.Permitting-Unit. Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 O�OF W A rFgQG Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources (p -e C ateeri<Tt rsulllrts, etoet UDsel`p5ajn,2t`4��►•7{W"�aller Jat October 27, 2008 OCT 3 0 2008 Mr. Bill Shaw Cognis Corporation PO Box 7044 u':.. i.J%X IY{,;: Charlotte, NC 28241 DYrrO-Sur 0c J 'AlatcIr Pi-ol 'tion Subject: Draft NPDES Stormwater Permit Permit No. NCS000049 DSM Desotech Incorporated Gaston County Dear Mr. Shaw: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. The analytical monitoring parameters, BOD-5, COD, and pH, have been maintained for the sampling requirements in this permit. Acetone was removed. TSS was added to the analytical monitoring requirements based on EPA Multi -Sector General Permit, Sector C "Chemical and Allied Products" recommendations. 2. pl-i has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part It Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, 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. OptihCarol Yaturallina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Phone (919) 807.6300 Customer Service Intemet: h2o.m.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal OpportunitylAtfirrnative Action Employer - W1. Recyeledi10% Post Consumer Paper 11r r. Bill Shaw Cognis Corporation Permit No. NCS000049 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes. 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified.in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part I1 Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 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 to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months - If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowther©ncmail.net Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Mooresville Regional Office Stormwater Permitting Unit Attachments: Draft Permit Mr. Les Nack DSM Desotech Incorporated 1122 St. Charles Street Elgin, IL 60120 Dear Mr. Nack: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departme t of Envirso°nmeen end Natufal'Resdurcess `Lr ColeeniH. Sullin ,C17irecto"rr ='Division of Wrate'r Quality, October 27, 2008 OCT 3 0 2008 DWG-Surttacer Water Prole ;ion Subject: Draft NPDES Stormwater Permit Permit No. NCSOW385 DSM Desotech Incorporated Gaston County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. The analytical monitoring parameters, TN, phosphorus, BOD, COD, oil/grease, and nitrogen, have been removed from the sampling requirements in this permit. TSS and pH sampling have been maintained. 2. pl-1 has been added io the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part lI 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 11 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.) ]�`hCaro ina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer service Internet: h2o.enrstatem,us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877.623-6749 An Equal Opportun4lAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Mr. 4es Nack DSM Desotech Incorporated Permit No. NCS000385 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the . permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site flan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly, And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part Il Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part Il 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 lI 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 to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368 or brian.lowther@ncmail.net cc: Mooresville Regional_Offic-e-Y Stormwater PermittinUnit Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 NCS00038` O�O�_ W A rk! % 7 --i Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environmcnt and Nawral Resources Coleen I -I. Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION i}•r. �'':'l art= .a. ;r'�'• NPDES Ston-nwater Permit `..ti i ; t1 Facility Name: DSM Desotech Incorporated NPDES Permit Nurnber: NCS000385 Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Strcam Classification: Proposed Permit Requirements iMonitoring Data: Facility Location: Response Requested by (Date): Centrai Office Staff Contact: Special Issues - Stanley, NC (Gaston County) Fiber Optic Materials 28899 See Figure I Catawba River Basin, Sub -basin 03.08-33 WS-lV See attached draft permit - See Table I See Figure 1 09/11/2008 Brian Lowther, (919) 80 r-6368 LiQ ��� f f' OCT 2 4 2008 )Ji Issue Rating Scale: I cat to 10(hard Compliance history 1 Benchmark exceedance 5 Location (TiMDL, T&E species, etc 5 Other Challenges: • Fist them here 1 I)ifficulty Rating: 1.2/40 Special Issues Explanation: • Location: This is in a WS-IV r2llU • Benchmark exceeciance: There were not many excecdances, but some of the data is s ct. -P- Description of Onsite Activities: Supplier of UV -curable fiber optic materials 0 a Docuttrents Reviewed: • SPU bile, • 2004 Catawba Basinwide Plan • 2008 draft 303(d) list • National Heritage Program's T& E database • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" Page 1 of l3 NCS000385 History: • 17 July 2001: Permit first issued. Analytical monitoring of the parameters on "Form 2F" were required once during the first tw❑ years of facility operation. This form is not on file. • 22 April 2003: Submitted paperwork to change the signing official and address. • 6 December 2005: Permittee notified that the permit is expiring. 25 January 2006: Permittee submitted renewal application. • 6 February 2006: Receipt of application acknowledged. Page 2 of 8 NCS000385 ';.i ,if,1 � �.��� •. . Ski.}: ,l`'��} 17.`� I _~� ro _ �.. �. ' ��,� irk + r'" r .. '•ail' > � ,} . N. r {1Lw DSIM Desotech Inc , T, ° G7 Two species, neither are T&E: k " ; l .} Basic Oak, Hickory Forest 2.) 1lackelra v'lrtrtnlana (a plan t);'x Figure 2: T&L i1•Iap Central Office Review Summary: I. Owner's Other Permits: (if applicable) • No other permits. 2. General Observations: This facility was required to collect a single set of samples in the previous permit. The parameters were on a list that is not on file. The sampling data raised several questions. The qualitative data was exactly the same for each inspection. 3. Impairment: Not 303(d) listed. Not addressed in the 2004 Basinwide plan. 4. Threatened and Endanuered: NIA. Two species are on the National Heritage map, but neither are T&E. 5, Location: This is in a WS-IV. 6. industrial Changes Since Previous Permit: None as of the time the application was submitted. 7, Analytical Monitoring: The analytical regUirerIIents reference Form 2F, which is not on file. The permittee sampled, pl-I, TSS, TN, phosphorus (total phosphorus'?), BOD, COD, oil/grease, and nitrogen (is this nitrate/nitrite nitrogen or TKN because they also sampled TN). The data showed some unexpected results including: Page 3 of 8 Nvcsoa0385 r o Both TN and "nitrogen" were sampled. "Nitrogen" was found, but TNI was not. c The data is reported as a range for two outfalls. I have assumed that one sample was taken at each outfall, and that the range indicates the value found at one and then the other. o BQD is very low. o Why did we make thern sample for nutrient, oillgrease, and oxygen -related parameters in the previous permit? The values were all very lore for everything except pH (which was too low). There is nothing in the file that indicates that so mELch sampling is necessary. S. Qualitative ti-lonitoring Notes: Qualitative monitoring did not show any signs of contamination, but each one said exactly the same thing_ Ensure that the permittee knows what to look for. Page 4 of 8 NCS000385 "rahle 1: Analytical Monitoring Required Sample Total Precipitation Duration Nitrogen pH TSS TN Phosphorus BOD COD Oill rease Benchmark; 6-9 Bench Bench.: Bench. Bench. Bench Bench Sampling Date Flow (in) (hours) Range (MGD) 10msn 30 mg/L (nitrateinitrite) 100 mg/L 2 mg/L (TP) 30 mg/L 120 mg/L 30 m9IL 20mg1L ITKN) Outfall 1 8/1/01- 4/25/2003 ? ? ? 0.57 4.2 ND ND 7 ND ND 811103 Outfall 2 811/01- 4/25/2003 ? ? ? 0.62 F.55 8.2 ND 0.12 161 31 ND L 8/1103L Over Current Benchmark Page 5 of NCS000335 Revised Permit Recommendations: Analytical !Monitoring: I . TN, phosphorus, BOD, COD, oil/grease, and nitrogen have been removed from the sampling requirements. TSS and pl•I sampling have been maintained. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 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 Flory" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the tent. of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any, specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring santl)les during representative storm events as defined in Part 11 Section B. Quatitative roimOnng is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 6. The flow reporting requirement has been rernoved per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle main}tenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Propose(] Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements_ The site map must now identify if the receiving stream is impaired and if it has a TVIDL 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 anti also must certify that the oudalls have been in to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 1 additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part lI 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. 'Che facility must now imp:ement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part lI 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 § I22.26(g), the facility may qualifv fora No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Page 6 of 8 f ,1 NCS000335 Discussions with permittee: Debbie Clay, 704.S62.5000 Update Contact to Jill Ryan, 347-465-7752 contacted 07/25/03 1, Your application indicates that you haven't had any significant changes. Have there been any significant changes onsite since submitting your application? a. ANSWER: Currently adding onto the site. Building a technical center and will send an update in the next few weeks. There is secondary containment on all of the storage tanks. (acetone, dirty acetone, toluene diacetate, liquid nitrogen) 2. Data provided: a, You have reported a range of values for your sampling, do these numbers indicate the values at outfall l and outfali 2, respectfully? All of the range values are in the order of least to greatest, which values were from each outfall? See below. b. You have sampled for both "nitrogen" and "total nitrogen". What is "nitrogen" (is it TKN or nitrate/nitrite?) Why was "nitrogen" detected, and not "total nitrogen"? Sze below. c. Are you aware of a holding time for BOD and COD? What holding time (lid you use? Why was COD not detected when BOD was? See below. d. TSS is also very low, how was this sample collected? See below. e. Was "phosphorus" "total phosphorus"? See below. f. Is there onsite vehicle maintenance? No g. All of the qualitative data are exactly the same. This is unusual. How do you define "clear color", "no odor", "high clarity", "no floating solids", "no suspended solids", "no foam", and "no oil sheen"? Typically, we see some variation in the qualitative data recorded over time. A: There was no difference observed. h. ANSWER: New contact not sure about the specifics of the monitoring. Drainage is just from the roof and parking lot. When asked about the monitoring Jill Ryan talked about how the stormwater was only from the roof and parking lot and not sure about the actual values_ No changes in the qualitative monitoring because of there being no visual differences. a. What is your SIC Code? a. ANSWER: 2893 or 2899 (hap://caspub. epa,gov/envirclnzuItis.2get list?facility uin--1 10006070946) The parent company in Elgin, IL has an SIC code of2851. Jill Ryan thought the number was 2852 but wasn't sure and was going to look it up. Page 7 of 8 NCS000385 Recommendations: Based on the documents reviewed, the application information submitted on January 25, 2006 sufficient to issue an individual Stormwater Permit. Prepared by (Signature) ��-�_C.. a Dc:c 6$ Storm -water Permitting Unit SupervisoK�,. ,� t�/i for Brddley Concurrence by Regional Office /T�+- �s — _ / Date Water Quality Supervisor 1 /� "� — Date I Regional Office Staff Comments Page 8ofS Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.C. Director Division of Water Quality February 6, 2006 Ms. Debbie Clay DSM Desotech Incorporated 1 101 S. Hwy 27 Stanley, NC 28164 Subject: NPDES Permit Renewal Application Permit Number NCS000385 Individual Stonrwater Permit Gaston County Dear Ms. Clay: The Division of Water Quality's Stormwater Permitting Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000385 on January 25, 2006. The submitted renewal package contained the following items: ➢ Signed renewal application ➢ Site map ➢ Analytical monitoring results summary ➢ . Visual monitoring results summary ➢ Best Management Practices summary ➢ Narrative describing significant changes at the permitted facility ➢ Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 578 Sincerely, Aisha H. Lau Environmental Engineer CC" Mooresville Regional Office Stormwater Permitting Unit Files Central Files SWU-238-090199 Not Carolina NlIfCall f North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service tntemet: h2o.enr,state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirmaWe Action Employer — 50% Recycled110% Post Consumer Paper DSM Desotech Inc. 1101 Highway 27 South DSM j Stanley, NC 28164 Phone: 704-862-5000 Fax: 704.862-5002 TECHNOLOGY YOU CAN DEPEND ON January 18, 2006 Individual Permit Renewal Attn: Aisha Lau Stormwater General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Aisha: Please find enclosed two copies of the required documents to renew our NPD13S Stormwater Permit. If you have any questions or need additional information, please contact me. Sincerely, Debbie Cla SHE Manager DSM Desotech, Inc_ ti State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 6, 2005 DSM DESOTECH INCORPORATED ATTN: BILL RYAN, OR SUCCESSOR 1 101 S HWY 27 STANLEY, NC 28164 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Dsm Desotech Incorporated Permit Number NCS000385 Gaston County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000385. This permit expires on duly 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by Febraury 1, 2006 in order for the permit to be renewed by duly 31, 2006. Failure to request renewal by Febraury 1, 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 stormwater NPDES permit would constitute a violation of NCGS 143-215. t and could result in assessments ol'civil penalties of up to $25,000 per day. ll' you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files StofiW5 1 rnd7Genc-al'Permits Uriit Files Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 6, 2006 Ms. Debbie Clay DSM Desotech Incorporated 1101 S. Hwy 27 Stanley, NC 28164 Subject: NPDES Permit Renewal Application Permit Number NCS000385 Individual Stormwater Permit Gaston County Dear Ms. Clay: The Division of Water Quality's Stormwater Permitting Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000385 on January 25, 2006. The submitted renewal package contained the following items: ➢ Signed renewal application ➢ Site map ➢ Analytical monitoring results summary ➢ Visual monitoring results summary ➢ Best Management Practices summary ➢ Narrative describing significant changes at the permitted facility ➢ Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 578 . Sincerely, v� k Aisha 14. Lau Environmental Engineer cc: Mooresville Regional Office Stormwater Permitting (snit Files Central Files S WU-238-090199 ► ND NATUML RESOURCES MOORESViI.1," ^.' :;tOVAL OFFICE F E B 0 8 2006 WATER QRAUTY ION No�r�hCarolina �Irtrrrn!!� , North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.statanc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer — 50% Rerycled110% Post Consumer Paper N. C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: DSM DESOTECH INCORPORATED Permit Number: NCS000385 Location Address: 1101 S HWY 27 STANLEY, NC 28164 County: GASTON "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and'implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those, persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of lines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature Date r I a4 hn Aviles type name of person signing ahove Title Site Manager SPPP Certification 2M L\� State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director DSM DESOTECH INCORPORATED ATTN: JILL RYAN, OR SUCCESSOR 1 101 S HWY 27 STANLEY, NC 28164 4 Y?WA omp"MNON 7Ul C D'Tw, " 'OUR ►VAL OFFlCE NORTH CAROLINA t7EXARTMENT OF � .r) ENVIRONMENT AND NATURAL RESOURCES December 6, 2005 1 1 1 DEC 1 3 200' WA��'L QUALd1 f SECTIO Subject: NPDES Stormwater Permit Renewal Dsm Desotech Incorporated Permit Number NCS000385 Gaston County Dear Permittec: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000385. This permit expires on July 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 190 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 Watcr Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by Febraury I, 2006 in order for the permit to be renewed by July 31, 2006. Failure to request renewal by Febraury 1, 2006 may result in a civil assessment of at least $500.00. Larger penalties may he 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 Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, well Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files �Legoonnf Offices 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 State: t Zip Code. E-mail address: P��i • e- - &G 4 Ca SWU-239-080102 7 0 liii� 'C Michael F. Easley Governor WOiiam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: N/C/S /O /Ol a3 /'gl ? or Certificate of Coverage Number: N/C/Cihl_l—l—l—l—1 Atan W. Klimck, P.E., Director Division of Water Quality 1. Permit holder's name: JD sM �DiES L; C[ �l G - 2. Permit's signing official's name and title:, 1J , iz:,5 R) e C L jA\- f (Person legally responsible for permit) SNieQ M fNNn6 (Title) 3. Mailing address: I i t71 I Hwy • S - City: 1;7 N ��- State: L Zip Code: GL Phone: (10LI) L�- _'" CEO cz IL NEW OWNEWNAME INFORMATION: L This request for change is a result of: ❑ Change in ownership of company ❑ Name change for company ❑ Change in ownership of property/facility ❑ Name change for property/facility .DO Other (please explain): S / 6 N 1 L `5 N /a ME 14 A NG (� (atv-►> f'-a6�flfLCSS Ct_kA 2. Owncr/Operator Information Company or Owner or Operator Name: „ D S M �� U Ct a 1 NG - (name to be put on ermit / certificate of coveragel ` Owner's/operator's or signing official's nameTitle: Owner Contact e (4a'+ P_- C tC.•. Title: Mailing address: 01 - a_ 7 City: C'1 Ja N 1— State: L Zip Code:d11)- E-mail address: 3. Facility Information c.s.l eo t&'; "_ . CC) Facility Name:, —De, �A La's&) ELq 4 � NC - ��AA Facility Contact: t �.� o. - Title: S jAEQ M G2• Facility Mailing address: I� D1 �� �� City: T A `l...0 StyxL-1 `) t� '�� i Apt 7 2OW t.'. - L is Phone: n PERMIT NAME 1 OWNERSHIP CHANGE FORM 4. Permit Contact Information (if different from facility contact) Permit Contact: Mailing address: Zip Code: E-mail address: Title: City:_ Phone: ( THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permittee's Certification: I, attest that this application for 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 and attachments are not included, this application package will be returned as incomplete. Signature: Applicant's Certification: L % -e- attest that this application for a name/ownership change has been reviewed and is accurate and omplete to the best of my knowledge. 1 understand that if all required parts of this application arc not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signat Date: O THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: Point Source Branch Attn: Valery Stephens Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SW V-239-080102 I "State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director July 17, 2001 Ms. Jill Ryan DSM Desotech, Inc. 1122 St. Charles St. Elgin, IL 60120 Subject: Permit No. NCS000395 DSM Desotech, Inc. Gaston County Dear Ms. Ryan: In accordance with your application for a stornnvater discharge permit received on January 4, 2001, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6. 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition. conforming to Chapter 150B of the North Carolina General Statutes. and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made. this decision shall be final and binding, Please take notice this permit is not transferable. Part 11, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit. please contact Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely. Kerr T. Stevens cc: Mr. Roger O. Pfaff, El'A Mooresville Regional Office Central Files Stormwater and General Permit Unit Files Compliance Unit 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 NCS000385 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, DSM Desotech, Inc. is hereby authorized to discharge stormwater from a facility located at DSM Desotech, Inc. 1 101 South Highway 27 Stanley. NC Gaston County to receiving waters designated as South Stanlev Creek. a class WS IV stream, in the Catawba Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, IV, V and VI hereof. This permit shall become effective August 1, 2001. This permit and the authorization to discharge shall expire at midnight on July 3 L 2006. Signed this day .luly 17. 2001. for Kerr T. Stevens. Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS0003S5 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 I. Compliance Scheduie 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions I. Individual Permit Expiration 2. Transfers Permit No. NCSt;OU: %> 0 I Signatory Requirements 4, Individual Permit Modification. Revocation and Reissuance. or Terrnination 3. Permit Actions Section C: Operation and Nlaintenance 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: Monitorina and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention T Inspection and Entry Section E: Reporting Requirements I. Discharge Monitoring Reports 2. Sunmitting Reports 3. A-a'lability of Reports 4. Non -Storm -water Discharges �. Planned Chanaes 6_ Anticipated Noncompliance i. Bypass S. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER - PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIRENLEN-TS PART VI DEFINITIONS Permit No. NCS000385 . PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lastina•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:- PERNMITTED 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 manased in accordance %\ith the terms and conditions of this individual permit. All discha-aes 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 Pasze I of 2 Permit No. NCS000385 SECTION C: LOCATION MAP 3T �. t ,.-�fj"11 _•�. t Err•• 7�` �� � ti 1•` { r �l 77,'� ti _�.•_. _ _ '(�_�, r.��vf ' t ♦y\� �::" •-y�;� �.��� � ;E �✓ .• -� _ `��r� rfi y';•�.`! r ��`1�._�y� �-� "'� ^�� .,fry /-. - �: �,�r 1 �`'}_�•-_�-: .••F`�!",�,�,�`}'�'�•'�= � `-.� ._. • • � � :/%y��' 'I! L.,'' - :�_ ��% %••` l _�' . jj; ,f..- 'tom.•'' `. !�] •_'��° i3ab\ ='3 •• ""i— . I J !' � -i t',%'r / .� -. •:r�' >JJ \.'6 r "�TJr� y' Litr.•':- .� �1 - _ f� JrJ� } ,y. ..��^L'Jf 1" '��...'r.',.^ �'- vY: -'�! •� sir \\ r+ �1aL/ ,� •'` ^�si�•_+� T Sfa'' ,��--�`.4+1 7._}•� ���s o' •L..-� ,+ i 'T�`"-� .1 r � ar .� � `.��r'�r+:'~I' • :�•�;�\••i 1. 1 .:� �\�� j`{�L �" 1B16 /9T - v���� � .�._-`�.-� � 1�_�j� Y/ w_ _•� � ' � f �+�� .t-,•'�l�r ice•✓1 '�1�.'.•.'�\� .!'^��! . . h163�„e' Ipp -Sy�nCfid'• 1'd!'e '.�ra� } \ `�. _ ` L..,,, _ �':�� T ' ` .._ ` J f.✓ �f �•� : r'�+ I f .± �. '•_ .ram t \ �� � � .• `� - �: r 4 5 1. '`1 .} f �%�� •} � F .'- \I -r` % i ♦ ..`_�r;�, r':• ," 1� `��� _ 9���\~�� .\t�,1� j- Yr7 yl•',• \��.�—•�� •�\ i r'• �,., f�"r�',• •♦\✓..--� �\. �' 1{�J' -- � r'r %/'���.\ �`� �� � �• ./ � � 5 �� I1 �`�-�'�w � � :� fey ��-0 �• �'\\ _., �M .. NCS000385 - i '� , r� ; � .-�/�_.J •\� - � � . - . r--� £! �, � `_, `��" ., ! ��., �', - � 1 Lam, � '.J' : • F - �' '.�-` ` -��_ . _ ]��"' `- 4f !� � J .."� ' �4�_.. 1 'ice r '� �,�� �f4-. lcp MA �'A � ''+. � .\�.- ! _ t. :` r~.^��ai - •�'� , r i f ��` , ,fir•. J9' ! , Park ti. 1•J� 1. U: �� :`� _/'l yi S � `�.� rti � . ems' --� I � J �"��J" ;i►cti 1'\^.:�� 1•.��1'� � f ''� � " •'�--��•`-• Y"� rti� T�� � I'�. '"� Nv NA /t 5 � 1.,�/ ��.i.• ti ' •---tip r -' i �! - �. �,� ,t i` 1 � \ . \�\�1�,f:i+�rT �✓'�/fig_ '-/�. i (��iti`,_C 1r� - '•'. � � •: j•. ; ?1 '1it^�. 'y��a+. _ 71 : ��^•-\ �Country El -..�'/�/-� ,� f111 ,,� O rf �--•--�•• i.l.f •• F, �1i' -.`J f1 � .4/t� +i , tp �'� � � ��%'-/r, �n ` ` /"J'r `� ► O� - � ' Ir. �L- � ;, + 1J.'r`..7' t.� -'' \ ' _r � •..J�` r ���'`' r 1r Part I Page 2 0f 2 Ncrmit Nn, NC'S0003E5, PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES 0. SECTION A: STOWN-11 ATER 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 storm,,vater 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 receiyina xvater(s) to which the stormkvater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system. the name of the municipalit\Vand 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 storrnwater 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 Part 11 Page 1 of 6 Pt rnnit No. i+CS000385 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the follo\� ing: (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 practica€, 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 3) 13 of Title 111 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 shal I 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 foi- a period of five years. (c) BtMP 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 steps. 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 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. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of 6 Permit No. NCS000385 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. y a. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation. and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan «henever there is a change in design, construction, operation, or maintenance which has a significant effect on the pocentiai 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 perminee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions. Section B. Paragraph 3) to the Director that the changes have been made. S. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule. once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented. recording date and time of inspection. individuals) 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 I1 of this permit shall be performed in addition to facility inspections. 9. implementation. The permittee shall document ail 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. NCS00018T SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration. the permittee is authorized to discharge stormwater subject to the provisions of this permit. All analvtical monitoring shall be performed during a representative storm event. Proposed facilities are required to perform sampling and analyses of the parameters prescribed in the Form 2F one time during the first two years of operation of the facility. Based upon a review of the data from the operating facility, the Division may amend the monitoring requirements of this permit. Part tt Pace I oFG Permit itio. ;iNCS0003S5 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 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Storrnwater 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. 4 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 Stom-iwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and .once in the fall (September - November). Table 1. Qualitative I'Ionitoring Requirements Discharge Characteristics Frequency Monitoring Locationl Color Semi -Annual I SDO Odor Semi -Annual SDO Claritv I Semi -Annual k SDO Floating Solids I Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen I Semi -Annual � SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: t VlonitorinL3 location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE- NIONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than >j gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be perforated 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 4 analytical samplings being conducted over the term of Part 11 Pa,e 5 of 6 Permit No. itCS000385 the permit at each stormwater discharge outfall (SDO) which discharges stotTnwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified in Table 3. `I'ahle 2. Analytical Monitoring Requirements for On-Site-Veliiele Maintenance Discharge Characteristics I = Units Measurement I{ requencyl Sample Type'- Sample Location3 E-f standard Quarterly- 4" year Grab SDO Oil and Grease ma/1 Quarterly- 4" year Grab SDO Total suspended Solids mg/1 Quarterly- 4" year Grab SDO New Motor Oil Usage eallons/month Quarterly- 4" year Estimate - Total Flow -'I MG Quarterly- a'" year Grab SDO Footnotes: I Measurement Frequency: Once per 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. I[ 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 anaiyucai monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Sampies shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(5) v.-here vehicle maintenance activities occur. Total floe, 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 M estimated by the measurement or fIoLy at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 3 rNionitoring schedule Monitoring period Sample Number Start End Year 4 - 1" quarter I 1 I .lulu 1. 2004 September 30. 2004 Year 4 - 2" quarter I 2 October 1, 2004 I December 31, 2004 Year 4 - 31' quarter 3 January 1. 2005 I 'March 31. 2005 Year 4 - 4"' quarter 4 April 1. 2005 June 30. 2005 Part 11 Page 6 of 6 Permit No_ NCS000385 PART III STANDARD CONDITIONS FOR NPDES STORIVINVATER INDIVIDUAL PERtMITS SECTION A: CONIPLIANCE AND LIAB€LITY 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 II. Section A. Paragraph 2(b) of this permit, shall be accomplished within l2 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 I1. Section A. Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. DUty to COmoIy. The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is Rrounds 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 vet been modified to incorporate the requirement. The Clean Water .act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25.000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2.500 to S25,000 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 55,000 to 5150,000 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 S10.000 per violation with the maximum amount not to exceed S 125,000. (Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR I22.41 (a),I C. Under state law, a daily civil penalty of not more than ten thousand dollars (S 10.000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions. or requirements of a permit_ [Ref: North Carolina General Statutes 143-215,6A] d, Any person may be assessed an administrative penalty by the Director for violating section 301. 302. 306, 3M- 308, 318, or 405 of the Act. or any permit condition or limitation implementing any of such sections in a permit issued under section 302 of the Act. Administrative penalties for Class 1 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 lI violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed S 125,000, Part III Pave 1 of 8 Pa_es Permit M . N S000385 permit, including monitoring reports or reports of compliance or noncompliance shall. upon conviction. be punished by a tine of not more than $10.000 per violation, or by imprisonment for not more than Iwo years per violation. or by both. SECTION 13: GENERAL COi1DITIONS 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 130 days prior to the expiration date. Any permittee that has not requested renewal at least 130 days prior to expiration. or any permittee that does not have a permit after the expiration and has not requested renewal at least ISO 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 %%TkM in the event the permitted facility is sold or closed. Signatory Reauire:nents 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 presidenr, secretary. treasurer or vice president of the corporation in charge of a principal business function. or any other person who performs similar policy or decision making functions for the corporation. or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars). if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality. State, Federal. or other public agency; by either a principal executive officer or ranking elected official, All reports required by the individual permit and other information requested by the Director shali 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 I11 Page 3 of S Pages Permit No. -NICS000385 Duty M kktitiate The permittee shall sake all reasonable steps to minimize or prevent any discharge in violation of'this individual permit which has a reasonable hkeiihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part 11:1. Section C of this permit regarding bvpassin4-1 of stormwater control Facilities, nothing in this individuai permit shall be construed to relieve the permittee from any responsibilities. liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A. 143-215.613, 143- 215.6C or Section 309 of the Federal Act. 33 USC 1319, Furthermore, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility For effective compliance may be temporarily suspended_ 5. Oil and Hazardous Substance Liabilitv Nothing in this individual permit shall be construed to preclude the institution of any lesal action or relieve the permittee from any responsibilities, liabiiities, or penalties to which the permittee is or.may be subject to under suCGS 143-215 75 et seq.-or Section 311 of the Federal Act, 33 USC 1321. Prooertv Rights The issuance of this individual permit does not convey any property rights in either reai 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 or this individual permit are severable, and if any provision of this individual permit, or the application or any provision of this individual permit to any circumstances, is held invalid. the application of such prevision to other circumstances. and the remainder of this individual permit. shall not be affected therebv. Duty to Provide Information The permittee shall furnish to the Director. within a reasonable time. any information which the Director may request to determine whether cause exists for modifying. revoking and reissuing. or terminating the Permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine or 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 520.000 per day of violation. or by imprisonment of not more than a years, or both. I0. 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 HI Pace'_' of S Pa2es Permit No. NCS0003S5 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a, or b. of this section shall make the foilowing certification: 1 certify, under penalty of law. that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. t am aware that there are significant penalties for submitting false information. including the possibility of Fines and imprisonment for knowing violations.. 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 1.22 and 121 "Title t5A of the North Carolina Administrative Code. Subchapter 2H .0100: and North Carolina General Statute 143-215. t et. al. Permit Actions The permit may be modified. revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proocr 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 ar 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. Bypassing of Stormwat6r Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: 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. NCS000 385 weather. This condition is not satisfied it adequate backup controls should have been installed in the exercise of reasonable en-ineering judgment to prevent a bypass which occurred durinu normal periods of equipment downtime ur preventive maintenance; and C. The permittee submitted notices as required under, Part III. Section E of this permit_ If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING :AND RECORDS 1. Representative Sarnpiina Samples collected and measurements taken_ as required herein. shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2_ Recording Results For each measurement. sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the foilowing information: a. The date. exact piace. 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 analvses; C. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required. appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability_ of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for thq analysis of pollutants shall conform to the EPIC regulations published pursuant to `'CGS 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 Ill Pane 5 of 8 Pa zes Permit No. NCS000395 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 storm,,vater discharges are substantially identical and the permittee is granted representative outfall status. then sampling requirements may be performed at a reduced number of otttfalls. Records Retention - Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Poilution 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 recordinss 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 Entry The permittee shall allow the Director. or an authorized representative (including an authorized contractor acting as a representative of the Director). or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b Have access to and copy. at reasonable times. any records that must be Dept 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 Acr. any substances or parameters at any location_ SECTION E: REPORTING R QUIREMENTs i. Discharge Monitoring Rcoorts Samples analyzed in accordance with the terms of this permit shall be Submitted to the Division on Dischar4ge iv[onitoring 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 iaboratorv. 2. Submitting Reoorts 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 6 of 8 Paaes Permit No. N.ICS000355 Availability o#'Reports Except for data determined to be confidential under NCGS 143-215.3(a)(7) 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. Nan-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-Stormwater discharge, the permitter shall separately monitor all parameters as required under the non-Stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall Give notice to the Director as soon as possible of any planned chances 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. 13vaass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass: including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour 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 within24 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. Other Noncompliance The permittee shall report all instances of noncompliance hilt reported under 24 hour reporting at the time monitoring reports are submitted. Part III Paoe 7 of 8 Paves Pti-mit No. NCS000385 10, Other Information Where the permittee becomes aware that it failed to submit anv 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 I I I P;i;,*e 8 of 8 Pa yes Permit No, NCS000385 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 anv other requirements in the Act then applicable. PART V ADiv1INISTER1NG AND COMPLIANCE NIONITORING FEE RFQUIREtirENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) daps after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A `'CAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean water Act. 2. ,-Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable `ion-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 tire-flahting or tire -fighting training. 4. Best Management Practices (BMPs) -Measures or practices used to reduce the amount of pollution entering surface waters. ByIPs may take the form of a process. activity, or physical structure, Parts IV, V and VI Page l of 5 Permit No. M, S000?S3 5. Bvpass A bypass is the known diversion of stormwater from any portion of a stormwater control facility irncluding the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storaiie of Lied Products Liquid raw materials. manufactured products. waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA). as amended. 33 USC 1251, et. seq. 8. Division or DWQ The Division of Wter 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 Environmentai ivlanasemem Commission. 1 I. Grab Sample An individuui sample collected instantaneously. Grab samples that will be directly analyzed OF qualitatively monitored must be taken within the First 30 minutes ofdischarue. 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. la. Municipal Separate Storm Sewer Svstem A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature. consolidated or unconsolidated. that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part VI Pate 2 of 5 P.iLc:s Permit No. N.CS000 �S5 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 convevance. including, but not specifically limited to. any pipe, ditch. channel. tunnel. conduit, well. or discrete fissure from which stormwater is or may be dischar_Qed to waters of the state. is. Reoresentative 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. t 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 anv collectable discharge. and their stops. a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Renresentative Outfall Srntus 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 monitorimz 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 washwarzrs utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment ror the contents Of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year. 2.1-hour storrn event. ??. Section 3I3 Water Priority Chemical A chemical or chemical category which: a. Is listed in a{} CFR 372.6i pursuant to Section 313 of Title III of the Superfund amendments and Reauthorization Act (SARA) of 1956, also titled the Emergencv Planning and Community Right - to -Know Act of 19M b. Is present at or above threshold levels at a facility subject to SARA title 111. Section 313 reporting requirements; and C. That mee' at least one of the following criteria: ( I) Is fisted in Appendix D of 40 CFR part t22 on either Table 11 (organic priority pollutants), Table III (certain metals, cyanides. and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4, or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS00038� 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. Si;niticant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents. and plastic pellets: finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; anv chemical the facility is required to report pursuant to section 3I3 of Title III of SARA: fertilizers; pesticides: and waste products such as ashes: slaEJ and sludge that have the potential to be released with Stormwater discharges. 25. Significant Soills Includes. but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 31 1 of the Clean Water :act (Ref: 40 CFR 1 10.10 and CFR l 17.2t) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results frorn precipitation and which occurs immediately following rainfall or as :r result of snowmelt. 27. Stormwater Associated % ith Industrial :activity The discharge from any point source which is used for collecting and conveying, Stormwater and which is directly related to manufacturing. processing or raw material storage areas at an industrial site. Facilities considered to be eniaayed in "industrial activities" include these activities defined in 40 CFR 122.26(b)( 14). The term does not include discharges from facilities or activities excluded from the IVPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce s[ormwater pollution and is based on Lin 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 Plannin, and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall. the amount of built -upon (impervious) area. and the total amount of rainfall. or (c) estimated by the measurement of floe' at 20 minute intervals during the rainfall even[. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI pale 4 of 5 Pa,_,es Permit No. NCS000 ',S5 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technoiogy based permit effluent limitations because of Factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused b,.' operational error, improperly designed treatment or control facilities, inadequate treatment or control Facilities, lack of preventive maintenance. or careless or improper operation. 33. Vehicle Maintenance Activitv Vehicle rehabilitation, mechanical repairs, painting, ruelin,. lubrication, vehicle cleaning operations, or airport deicing operations. Y 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 eve. 35. 25-vear. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded. on the average, once in 25 years. Part V1 Page 5 of5 Pa, -,es ' NCS000385 o�61� w A r�9Q� o � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Co[een If, Sullins Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: DSM Desotech Incorporated NPDES Permit Number: NCS000385 Facility Location: Stanley, NC (Gaston County) Type of Activity: Fiber Optic Materials SIC Code (if applicable): 2899 Receiving Streams: See Figure 1 River Basin: Catawba River Basin, Sub -basin 03-08-33 Stream Classification: WS-IV Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table l Facility Location: See Figure 1 Response Requested by (Date): 09/ 11 /2008 Central Office Staff' Contact: Brian Lowther, (919) 807-6368 Special Issues: Issue Rating Scale: 1 eas to 10 hard Compliance histoa 1 Benchmark exceedance 5 Location (TMDL, T&E . species, etc 5 Other Challenges: • List them here 1 Difficult Ratin : 12/40 .Special Issues Explanation: • Location: This is in a WS-IV • Benchmark exceedance: There were not many exceedances, but some of the data is suspect. Description of Onsite Activities: Supplier of UV -curable fiber optic materials Documents Reviewed: • SPU File • 2004 Catawba Basinwide Plan • 2008 draft 303(d) list National Heritage Program's T&E database • EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products" Page] of 8 NCS000385 History: • 17 July 2001: Permit first issued. Analytical monitoring of the parameters on "Form 2F" were required once during the first two years of facility operation. This form is not on file. • 22 April 2003: Submitted paperwork to change the signing official and address. • 6 December 2005: Permittee notified that the permit is expiring. • 25 January 2006: Permittee submitted renewal application. • 6 February 2006: Receipt of application acknowledged. Page 2 of 8 NCS000385 Figure 2: T&E Map CentraI Office Review Summary; 1. Owner's Other Permits: (If applicable) • No other permits. 2. General Observations: This facility was required to collect a single set of samples in the previous permit. The parameters were on a list that is not on file. The sampling data raised several questions. The qualitative data was exactly the same for each inspection. 3. ]mpainnent: Not 303(d) listed, Not addressed in the 2004 Basinwide plan. 4. Threatened and Endangered: NIA. Two species are on the National Heritage map, but neither are T&E. 5. Location: This is in a WS-IV. b. Industrial Changcs Since Previous Permit: None as of the time the application was submitted. 7. Analytical Monitoring Notes: The analytical requirements reference Form 2F, which is not on file. The permittee sampled, pH, TSS, TN, phosphorus (total phosphorus?), BOD, COD, oil/grease, and nitrogen (is this nitrate/nitrite nitrogen or TKN because they also sampled TN). The data showed some unexpected results including: Page 3 of 8 NCS000385 o Both TN and "nitrogen" were sampled. "Nitrogen" was found, but TN was not. o The data is reported as a range for two outfalls. I have assumed that one sample was taken at each outfall, and that the range indicates the value found at one and then the other. o BOD is very low. o Why did we make them sample for nutrient, oil/grease, and oxygen -related parameters in the previous permit? The values were all very low for everything except pH (which was too low). There is nothing in the file that indicates that so much sampling is necessary. 8. Qualitative Monitorin J Notes: Qualitative monitoring did not show any signs of contamination, but each one said exactly the sanie thing. Ensure that the permittee knows what to look for. Page 4 of 8 NCS000385 Table is Analytical Monitoring Required Sample Total Precipitation Duration Nitrogen pH TSS TN Phosphorus SOD COD Oil! rease Benchmark: 6-9 Bench Bench.: Bench. Bench. Bench Bench Sampling Date Flow (in) (hours) Range (MGD) 10m9fL . . 30 mg/L (nitmteln'trite) 100 mg/L 2 mg/L (TP) 30 mg/L 120 mg/L 30 mg/L 20mg1- UKN) Outfall 1 811/01- 4/25/2003 ? L ? I ? 0.57 4.2 ND ND 7 ND ND 811/03 Outfall 2 8/1101- 4/25/2003 ? I ? I ? 0.62 6.55 8.2 ND 0.12 16 31 ND 811103 Over Current Benchmark Page 5 of 8 NCS000385 Revised Permit Recommendations: Analytical Monitoring: l . TN, phosphorus, BOD, COD, oil/grease, and nitrogen have been removed from the sampling requirements. TSS and pH sampling have been maintained. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2, 3. Benchmarks for an 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 I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is -responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 6. The now reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part ii Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 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. I f 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. Page 6 of 8 NCS000385 Discussions with perinittee: Debbie Clay, 704.862.5000 Update Contact to Jill Ryan, 847-468-7752 contacted 07/25/08 1. Your application indicates that you haven't had any significant changes. Have there been any significant changes onsite since submitting your application? a. ANSWER: Currently adding onto the site. Building a technical center an'd will send an update in the next few weeks. There is secondary containment on all of the storage tanks. (acetone, dirty acetone, toluene diaceiate, liquid nitrogen) 2. Data provided: a. You have reported a range of values for your sampling, do these numbers indicate the values at outfali I and outfail 2, respectfully? All of the range values are in the order of least to greatest, which values were from each outfall? See below. b. You have sampled for both "nitrogen" and "total nitrogen". What is "nitrogen" (is it TKN or nitrate/nitrite?) Why was "nitrogen" detected, and not "total nitrogen"? See below. c. Are you aware of a holding time for BOD and COD? What holding time did you use? Why was COD not detected when BOD was? See below. d. TSS is also very low, how was this sample collected? See below. e. Was "phosphorus" "total phosphorus"? See below. f. Is there onsite vehicle maintenance? No g. All of the qualitative data are exactly the same. This is unusual. How do you define "clear color", "no odor", "high clarity", "no floating solids", "no suspended solids", "no foam", and "no oil sheen'? Typically, we see some variation in the qualitative data recorded over time. A: There was no difference observed. h. ANSWER: New contact not sure about the specifics of the monitoring. Drainage is just from the roof and parking lot. When asked about the monitoring Jill Ryan talked about how the stormwater was only from the roof and parking lot and not sure about the actual values. No changes in the qualitative monitoring because of there being no visual differences. 3. What is your SIC Code? a. ANSWER: 2893 or 2899 (http://oaspub.epa.gov/enviro/multisys2.get lis0facility uin=1 I000607094b) The parent company in Elgin, IL has an SIC code of 2851. Jill Ryan thought the number was 2852 but wasn't sure and was going to look it up. Page 7 of 8 N CS000385 Recommendations: Based on the documents reviewed, the application information submitted on January 25, 2006 sufficient to issue an Individual Stormwater Permit. Prepared by {Signature}Date e oY Stormwater Permitting Unit Supervisor =((wp��L,,,Datc f d for dley Be 4Yctt Concurrence by Regional- Office Date Water Quality Supervisor Regional Office Staff Comments Date Page 8 of 8 N.C. Division of Water Quality, Stormwater and General Permits U <41 Facility Name: DSM DESOTECH INCORPORATED Permit Number: NCS004385 Location Address: 1 101 S HWY 27 STANLEY, NC 28164 County: GASTON f'@� h "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those. persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature ` Date Jjhn Aviles Site Manager Prin ype name of person signing above Title SPPP Certification 2/99 _Az! ell _ml Zo r!S Cr h zZx, if/ . " AT 'J 4 Wl�Y N'i IRK- 1�:, V A,;A -S S Mal., Viz 4 M, 4 SO- MIS- HAIM WN V , A NI WE N MT 00� i�-V y N-i 4;7t a STE m I A f I f Ct \ +0,7 FAor +,a-N A Fe.e Isis r awl-.fxis� �iE : � _ � I"qt ��iYfl� \ + anw�./ Sao ,ee• �" v imps >d� fu—M oa.aroa A EXISTING I STORY INDUSTRIAL ` WLDWC F.F.E.-795.64' A I f ]1 �N a 11I M N �11F V 11 •+ a r '1;P0 EHOUSE Ti A { LnoDMO ® a a (2%000 SF) At -V RAI NA NO !. 4,4A iY. -P Arta A w iam • .aaf e!1 bwrQM tS.� S K FIIOFO'J0 Of YWUl1 ,ITM �V� .1tY .c ./J•�5+4 u4i�T m saf ODaYu1 6 oamt 1M fA.tlle • ••• •- ••• Mll..w[ •f ILL MI[wt .Aw1 .aae tea' NC/L w6Nd !ML SEl �4D .wWt INp iCTF td�/,ITLR a �.. SVF d rl af.Yu A w e!l S IK SLIS al f]ra Ma Wflfl mod• Sil .1� b e l I.L SO[ W w� Oa M aRQ A 1[ llf ' io,� � I61L'�6ua3 � ,,•,,r. 1P'°°'" .. aq�.MC ..a.l.no. N \\ IILYSwSauT1' RN M LOr/TI-S MO.a 1f Ltif.[1o! A 4#OWY T \S: 4 INrN J�. 41. flwne VM70 NOI A O.OmO+F V �l.Lnl tlA+d aO FSdVltl bSwTi111n, Mal � \ + "`- i� rrr v A �m eati A a.Q a 10+OpIHM Nv A j k � v. ;n w.m waa coax cw r l m HIM At 4 1 k f J1rlfl�f f I ��•wva w.ca ■,o.r f ' f1 .rF.e.,., .., an,ac ur .11[ wr 4MR➢ la a+.o.c f+na..o.. mF+.c + 1 l rru�iriii r!!� r I rit1111N11(! l __ ! r rfl,J�jl(1lj 1 j r r f J/1 Ili �rllil�li 1! !I I 1 l y ,lli,1r !li Il r ? 1 R rrfrr,+ �lfl ,r rl 4 1 rlr/llr + f,nf7lli 1 / LEGEND I 1IYlr+'lull .Qj / A n !ar ealnllw wa Iw—n i lllll f7f1 ca>.e r�,a r r I 1 lilt m.e... ,. /�f+IPOt � 'll�ilj Il fF► r - � Fawm ..4..F � `_' ! DSM DESOTECH �•• ;'!ll,��l 1 r ( GRADING PLAN ' !b4 NISAACS-N �.. 0 2. Q ¢ c yy a d HFkMdd z8W 1 ��� �&g3.3 €�� � � 4 i= �$'$g�sYs is .�•`� €qg'qg a� �'s"9 �:` 'o r�yyyy ��2�2 3 3 � I it h o