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HomeMy WebLinkAboutNCS000525_COMPLETE FILE - HISTORICAL_20130327STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. �I�So no 5as DOC TYPE [I COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ 120 /3 0312,'I YYYYMMDD Wallace Farm, Inc. Meeting on Stormwater Permit Renewal Date: March 27, 2013 DENR/DWQIArchdale Building Raleigh, NC Background Wallace Farm, Inc.'s stormwater discharge permit (NCS000525) expires on September 30, 2013, and permit renewal documents are due soon. At this stage, it will be helpful to discuss Wallace Farm's operations, stormwater characteristics, on -going and planned activities affecting stormwater, and the renewal process and requirements. The over -arching goal is to protect water quality. Meeting Objectives The objectives of the meeting are to 1. Review conditions at Wallace Farm, including the present permit, 2. Consider changes affecting stormwater, and 3. Review next steps, including permit submittal requirements. Topics Introductions General overview of the facility and the site. Operations, feedstocks, products, layout Renewing existing permit vs. new permit coverage under the new General Permit, NCG24: Procedures under each scenario, including public notice requirements, permit conditions, fees, and next renewal date Review current operating conditions and any near term changes impacting surface water discharge permitting. Wallace Farm Stormwater Permit Meeting Agenda, March 27, 2013 Page -2- June 2012 inspection report from Mooresville Regional Office Monitoring results, including data from up -gradient development Next steps Attendees Bradley Bennett, Supervisor, Stormwater Unit Ken Pickle, Stormwater Unit Eric Wallace, Wallace Farm, Inc. Barnes Bierck, Consultant Other Narth "Carolina Beverly Eaves Perdue Governor Mr. Eric Wallace Wallace Farm Soil Products 14410 Eastfield Road Huntersville, North Carolina 28078 Dear Mr. Wallace: 1 r� WDENR Department of Environment and Natural Resoul`C6 ­' Division of Water Quality Charles Wakild, P.E.i. Director June 21, 2012 Subject. Notice of Deficiency NOD-2012-PC-0018 Compliance Evaluation Inspection Wallace Farm NPDES Permit No. NCS000525 Mecklenburg County, NC Dee Freeman Secretary Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the joint inspection conducted at your facility on May 22, 2012, by Mr. Michael L. Parker with this Office and Mr. Ron Eubanks with Mecklenburg County Department of Water Quality. The inspection focused on a review of the operation and maintenance of your storrriwater treatment facilities, your Stormwater Pollution Prevention Plan (SPPP), and analytical and qualitative monitoring data required by the subject permit. The enclosed report should be self-explanatory. Please note the comments located in the summary portion of the inspection report. As noted by Mr. Parker and Mr. Eubanks during their inspection, t� analytical and qualitative monitoring has not been performed at this facility as required by Part II, Section D of the subject permit. Such being the case, this inspection report is being issued as a Notice of Deficiency for the failure to comply with the terms and conditions of your General Permit. Please note 2D 'that your facilities SPPP should be updated on an annual basis as required by Part 11, Section A, No. 7 of your permit. Pr r+ 5 5ec4 - on A . i 4-en11 Mooresville Regional Office Location: 610 East Center Avenue, suite 301, Mooresville, NC 28115 One (704) 663-1699 1 Fax: (704) 663.6040 NorthCatolitla Internet: http://portal.ncdenr.orglweblwq ��� An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled116%a Post Consumer paper l��NIally Mr. Eric Wallace June 21, 2012 Page Two It is requested that this Office be provided a written response detailing the measures taken in order to bring your facility into compliance. Your response should document the initiation of analytical and qualitative monitoring at the subject facility in accordance with the terms and conditions of the subject permit. This response should be received by no Iater than 30 days from the date of this letter. Please note that unresolved deficiencies may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions, comments, or need assistance with understanding any aspect of your permit, please do not hesitate to contact Mr. Parker at (704) 235-2194 or me. Sincerely, Robert B. Krebs Regional Supervisor ' Surface Water Protection Section /mlp Enclosure cc: Shelton Sullivan — NPS/ACO Unit Ron Eubanks, MCDWQ Compliance inspection Report Permit: NCS000525 Effective: 10/01/08 Expiration: 09/30/13 Owner: Wallace Farm Inc SOC: Effective: Expiration: Facility: Wallace Farm County: Mecklenburg 14410 Eastfreld Rd Region: Mooresville Huntersville NC 28078 Contact Person: Eric Wallace Title: Phone: 704-875-2975 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): 24 hour contact name On -site representative Related Permits: Eric T Wallace Eric T Wallace Certification Inspection Date: 05/22/2012 EntryTime: 10:00 AM Exit Time: 12:45 PM Phone: Phone: 704-875-2975 Phone: 704-875-2975 Primary Inspector: Michael L Parker jUl Phone: 704 663-1699 Secondary Inspector(s): + Ext.2194 Water Quality Program Mecklenburg County Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, Individual Facility Status: C1 Compliant ■ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 e f Permit: NGS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 0512212012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Joint inspection wi ana UVVU- Last inspect ion was concluctea ny uvvu siafr on Auguse k4ecti9arftbvmffyssued on October 1, 2008, and will expire on September 30, 2013. Facility Description: Wallace Farm is a family owned and operated business located at 14410 Eastfeld Road in Mecklenburg County near the Cabarrus County line. Beginning in the early 1940s, the Wallace Farm operated as one of the largest dairy farms in the State until 1990, when it began converting to a soil and composting operation. Currently the facility produces a line of soil and compost products using aerobic composting techniques. Compliance History: Wallace Farm is regulated as a permitted solid waste compost facility by the N.C. Department of Environment and Natural Resources (NCDENR), Waste Management Division under Permit Number SWC-60-22. Mecklenburg County's Solid Waste Management Program works cooperatively with the State through a Memorandum of Agreement to enforce the requirements of this permit; however, all regulatory authority for this facility lies with the State and not the County. Wallace Farm is also regulated by the NCDENR, Division of Water Quality under NPDES Stormwater Permit NCS000525. In addition, Wallace Farm has an industrial pretreatment permit from Charlotte -Mecklenburg Utilities (CMU) to discharge into their sanitary sewer system (CMU Permit #6001). The facilities Stormwater Pollution Prevention Plan (SPPP) had been implemented, however, there were a number of deficiencies of the SPPP noted during the inspection. There also has been no analytical testing or qualitative monitoring performed since December 2010. The deficiencies noted in the SPPP include: p f - Pa r C jr A. 1,.Q.1. The general location (USGS) map did not include whether or not the receiving waters were on the State's 303D list for impaired waters. Clarke Creek is on the 303(d) List for poor bioclassification (Ecologicallbiological integrity Fish). Clarke Creek is a Class C stream in the Yadkin River Basin. j,A.l.c. 2. The site map needs to show drainage areas and detail activities occurring within the drainage area. A.7. 3. The SPPP should contain an annual certification as to whether any significant spills have occured and any corrective actions that were taken. The permittee should be aware of the reportable quantities for wastewater and oil releases, and SARA Title III. A• 2,6, 4. Any releases from secondary containment structures should be observed for color, foam, outfall staining, visible sheens, and dry weather flow prior to release. The SPPP should also include documentation of the individual making the observation, description of water, date, and time of release. CGA.2 G 5.. The SPPP included a BMP summary, but the summary had not been updated to include the SW diversion berm and additional SW detention that had been added since the SPPP had been written. A.-5, 6. The Spill Prevention and -Response Plan (SPRP) should be updated to include the (team) responsible for implementing the SPRP. It is recommended that the SPRP be posted in the Office for quick reference by other company staff. A-4 , 7. The SPPP included a Preventative Maintenance and Good Housekeeping Plan, however the Plan had not been updated since 2010. 8. The person responsible for employee training should be identified in the SPPP. At a minimum, annual training for all personnel should be provided. This training should include: proper spill response, cleanup procedures, preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Page: 2 Permit: NCS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 05/22/2012 Inspection Type: Compliance Evaluation Reason for Visit. Routine ITA7. 9. The SPPP has not been updated on an annual basis as required by the permit. Yearly updates should be noted in the plan and then certified by an authorized signature. .0 10. Qualitative monitoring is not being performed at this facility as required by the permit. The last documented qualitative monitoring was performed in December 2010. 11. Analytical testing is not being performed at this facility as required by the permit. The last documented analytical testing was performed in December 2010. A review of this data reflected a number of benchmark exceedances which should have required the permittee to increase monitoring, increase management actions, increase record keeping, and/or install additional BMPs in a tiered program (see Section B of the permit). Such being the case, this inspection report will be issued as a Notice of Deficiency for the failure to conduct the required analytical testing and qualitative monitoring as set forth in the subject permit. The SW outfall for this facility was observed during the inspection. There was no evidence that a release of product (compost) had occurred nor was there evidence that the SW pond on the southern most part of the site had experienced a release. The water level in the pond was over a foot below the emergency spillway and the area had recently experienced a heavy rainfall event. Page: 3 Permit: NCS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 05122/2012 inspection Type: Compliance Evaluation Reason far Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ 0 0 # Does the Plan include a General Location (USGS) map? ■ n n n # Does the Plan include a "Narrative Description of Practices"? ■ D n n # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ D n n # Does the Plan include a list of significant spills occurring during the past 3 years? n ■ n n # Has the facility evaluated feasible alternatives to current practices? ■ Q n n # Does the facility provide all necessary secondary containment? ■ n n n # Does the Plan include a BMP summary? ■ n ❑ n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n Cl ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n # Does the facility provide and document Employee Training? ■ n Cl n # Does the Plan include a list of Responsible Party(s)? ■ n n ❑ # Is the Plan reviewed and updated annually? n ■ n In # Does the Plan include a Stormwater Facility Inspection Program? ■ n In n Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ n n Comment: Although many of these components were found in the SPPP, many were incomplete or lacking in detail. There was no list of significant spills included in the SPPP nor is the SPPP reviewed annually (see Inspection Summary). Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? Q ■ ❑ 171 Comment: Qualitative monitoring has not been conducted as required by the permit. The last qualitative monitoring performed at this facility was in December 2010 (see Summary). Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ■ ❑ n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n 0 ■ n Comment: Analytical monitoring has not been conducted as required by the permit. The last analytical monitoring performed at this facility was in December 2010. The most recent analytical monitoring test results indicated several Benchmark exceedances (see Summary). Permit and Outfalls Yes No NA NE Page: 4 Permit: NC5000525 Owner - Facility: Wallace Farm Inc Inspection Date: 05/22/2012 inspection Type: Compliance Evaluation Reason for Visit: Rouline # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment; Annual re-certifcation for illicit (non-stormwater) discharges has not been performed (see Summary). ■non nn■o ■ n n n Page: 5 Pickle, Ken From: Pickle, Ken Sent: Thursday, October 15, 20D9 12:29 PM To: Pickle, Ken; Moore, Bill Cc: Parker, Michael Subject: RE: Sun Gro - Wallace Farm Hey Bill, Per his email bounce back message, it locks like Michael is out of the office until 10/26 — too late for our immediate purposes. Ken From: Pickle, Ken Sent: Thursday, October 15, 2009 12:25 PM To: Moore, Bill Cc: Parker, Michael Subject: Sun Gro - Wallace Farm Hi Bill, Per your request, and for reference as to our dealings with Sun Gro, here's what I found in our bMR files for Wallace Farm: It looks like Wallace has sampled only twice per year, rather than quarterly as required by their permit. Sample events 12/11/08 and 6/5/09 since permit issuance 10/1/08. (First quarter and third quarter 2009 missing.) COD= 153, 101 mg/L; TSS= 400, 510 mg/L; BOD5= 5, 7.1 mg/L; pH= 7.8, 6.7 mg/L; TN= 5.9, 3.9 mg/L; TP= 1.9, 0.59 mg/L; fecal= 2200, 6000 /100ml; on the two sample dates. MRO Routine CEI 8/26/09 provides an overall good report of the facility: o SPPP in pretty good shape, WFarm correcting minor deficiencies per DWQ Central Office review of the SPPP - - OK. o Flexible fabric cover not employed, instead WF has moved the mixing pile activity under roof - - OK. (A notification letter from WF would have been nice, since this specific activity is directed by the permit text, and they're not doing it.) o WF has installed sediment basin as required by permit, and has installed additional basins, too - - OK. (Again, notification from WF of additional measures would have been nice.) o WF has augmented the eastern boundary to establish a distinct surface water drainage divide on site, effectively segregating sw from ww (Compliance on this permit requirement previously reported verbally by MP) - - OK. I note consecutive monitoring benchmark exceedences for TSS and fecal. On this basis the permit requires Wallace to now be sampling monthly. It's unclear whether they're doing that, or not. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be disclosed to third parties. F// Page 7 P = 20 x log (U12.9x10-9) Confined Air blast/Overpressure (dBQ for quarry situation: A=P-35 U Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken, However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Fyyrock Prevention: The operator shall take all reasonable precautions to.ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. m °o Z5 m STORN!NVATER DISCHARCE OUTFALL (SDO) MONITORING REPORT A Permit Number; NC5 " 3 or Certificate of Coverage Number; NCG FACILITY N'AhtE PERSON COLLECTING SANIPLF ) CERTIFIED LARORATURI'(5) / Lab # # Part A: Specific,Munitoring Requirements SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by [he Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) COUNTY v. �. 4 �e -. PHONE NO. ^ s7 2 '? (SIGNATURF. OF PF.R-MITTEE OR DF_SIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. Outfall Date 50050 No. Sample Collected Total Floss (ifapp.) Total Rainfall $# rose �i` �'~ ` � h Total Suspended Solids (TSS) fummmJu �` off:. pH .a�*- �✓ 4y -r'.) -o-.t mo/dd/ •r MG inches m m m Units rr �j L r -rl Does this facility perform Vehicle Maintenance Activities [sing more than 55 gallon` of new motor oil per month? —yes _no (if yes, complete Part A) Part 8: Vehicle -Maintenance Activity Monitoring Renuiremenls � Outfall No. Dale Sample Collected 50050 00556 00- 30 o0400 Total Flow i (if applicable) Total Rainfall Oil & Grease Total Suspended Solids pH New Motor Oil Usage mo/ddfvr AIG inches rngA m Units gavmo m m 0. Cn cn Q N N N L C r N m 0 CD TV 0 to -D N Form S'tiVU-246-1 1200S Page I of 2 STORINI F VENT CHAR,A,pCTERISTICS: Date -5 - /7,*/1J,a Total Event Precipitation (inches): J Event Duration (hours): w) Q (only if applicable —see permit.) (it more than one storm event was sampler)) i Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable -sec permit.) Mail Original and one cope iu: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh. North Carolina 27699-1617 "I certify, under penalty of lair, 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," (Signature of f ermittee) (Date) Farm S,VU-246-1 i 2608 Page 2 of 2 00 U1 X O Cn FED STORMWATER DISCHARGE OUTFALL (SDO) �J W40NITORTNG REPORT Permit Number: NCS. (5) J ' or SAMPLES COLLECTED DURING CALENDAR YEAR: Z J Certificate of Coverage Number. NCG (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.) r FACILITY NAMEa PERSON COLLECTING SAMPIXO) CERTIFLED LABORATORY(S) Lab # Lab## Part A: Specific Monitoring Requirements COi1NTY 1A Re, PHONE NO. (2M (SIGNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. Outfall Date 501)50 No. Sample Collected Total Flow (if app.) Total Rainfall me �y� r 6 �- "" I Total Suspended Solids (TSS) `)'VeRPITS /?. j; pH ? _jj v F 'f) iIt mo/dd/ r MG inches m m m Units rY 9 3. •R 141 Does this facility perform Vehicle Maintenance Activities using more than 55 gallon~ of new motor oil per month? —yes —no (if yes, complete Part B) Part Ii: Vehicle Maintenancenance Activity Mo»itorin�t � Rcquirentents +/ /� Oatfall No. Date Sample Collected 5005D 00556 60530 160400 Total Flow (if applicable) Total Rainfall Oil & Grease Total Suspended ,Solids pH New Motor Oil Usage mo/dd/ r MG inches MWI mo Units al/mo %-D Form SWU-246-1.12608 Page I of 2 CO m � rt m 00 m M cn 0 N W N N STORM EVENT CHARACTERISTICS: Date 5�/�.a Total Event Precipitation (inches): J ,r Event Duration (hours): ►"'' A (only if applicable —see permit.) (if more than one storm event was sampled) r Date. f' r Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) ar CD �. H o= Mail Original and one copy to: Division of Witter Qualiq m Attn: Central Piles 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." (Signature of Permittee) (Date) Form SWU-246-112608 Page 2 of 2 kTxw NC®ENlR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Eric Wallace, Vice President Wallace Farms, Inc. 14410 Eastfield Road Huntersville, North Carolina 28078 Dear Mr. Wallace: Division of Water Quality Coleen H. Sullins Director September 1, 2009 Subject: Compliance Evaluation Inspection Wallace Farms, Inc Permit No..NCS000�2` Mecklenburg County; NC Dee Freeman Secretary Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the inspection conducted at the subject facility on August 26, 2009, by Mr. Michael L. Parker with this Office. Thank you for your assistance and cooperation during the inspection. The enclosed report should be self-explanatory. Overall, your facility's Storniwater Pollution Prevention Plan (SPPP) was well developed and implemented. As'a reminder, please note that your SPPP should be updated on an annual basis as required by Part If, Section B, No. 7 of your permit, If you have any questions, comments, or need assistance with understanding; any aspect of your permit, please do not hesitate to contact Mr. Parker at (704) 663-1699. Sincerely, Z Robert B. Krebs Regional Supervisor Surface Water Protection Section Enclosure Electronic copies: Ron Eubanks, i'vfeck Co. WQ Teresa Bradford cc: Shelton Sullivan — NPSIACO Unit Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, INC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 NorthCarolillal Internet: www,ncwaterquality.org 'Naturall An Equal Opportunity 1 Affirmative Action Employer — 5e% Recycled114% Post Consumer'Naturally.', paper � . Compliance Inspection Report Permit: NCS000525 Effective: 10/01/08 Expiration: Owner: Wallace Farm Inc SOC: Effective: Expiration: Facility: Wallace Farm County: Mecklenburg 14410 Eastfield Rd Region: Mooresville Nunlersviile NC 28078 Contact Person: Eric Wallace Title: Phone: 704-875-2975 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): 24 hour contact name On -site representative Related Permits: Eric T Wallace Eric T Wallace Inspection Date: 08126/2009 Entry Time: 10:00 AM Primary Inspector: Michael L ParkerM; Secondary Inspector(s): ff Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant fl Not Compliant Question Areas: E Storm Water (See attachment summary) Certification Exit Time: 12:15 PM Phone: Phone: 704-875-2975 Phone: 704-875-2975 Phone: 704-663-1699 Ext.2194 Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 08/26/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: On September 30, 2008, Wallace Farms, Inc. (WFI) was issued NPDES Stormwater permit No. NCS000525 by the Division of Water Quality. In addition to the requirements set for in the subject permit, there were additional provisions added to the final permit that WFI was required to implement within six months of permit issuance. These include: 1. Develop and implement a SPPP. WFI developed a SPPP, which was received by the Division of Water Quality (DWQ) for review on May 29, 2009, In a letter dated July 15, 2009, the DWQ acknowledged receipt of the SPPP and noted that the Plan contains the basic components required by the NPDES permit. Deficiencies in the SPPP were noted and WFI is in the process of addressing these deficiencies. Implementation of the Plan was confirmed during the Compliance Evaluation Inspection (see attached report). 2. WFI must provide and emply a flexible fabric cover to prevent incident rainfall on the working material in the Product Mixing Area. WFI chose to move the area where the product is mixed under roof so there would be no contact with SW. 3. WFI must install a BMP to reduce solids which may be in the runoff from the SW drainage area. WFI has installed the requested BMP to reduce solids which may be found in the runoff from the SW drainage area. In addition, WFI has constructed additional sediment basins that will aid in sediment removal from the site's SW. 4. WFI must augment the eastern boundary of the SW drainage area to insure effective run on minimization and segregation. WFI has made the necessary topographic changes to provide an effective drainage divide so that Product Mixing Area SW and other SWs are segregated and do not comingle. This drainage augementation has been accomplished by reshaping the topography so that the two areas are separated by an elevated ridge that prevents comingling of the SW from the two areas. Page: 2 Permit: NCS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 08126l2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plans ■ n n n # Does the Plan include a General Location (USGS) map? ■ n n n # Does the Plan include a "Narrative Description of Practices"? ■ n n n # Does the Plan incEude a detailed site map including outfall locations and drainage areas? ■ n n n # Does the Plan include a list of signlficant spills occurring during the past 3 years? ■ n n n # Has the facility evaluated feasible alternatives to current practices? ■ n n # Does the facility provide all necessary secondary containment? ■ n n n # Does the Plan include a BMP summary? ■ n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n # Does the facility provide and document Employee Training? ■ n n n # Does the Plan include a list of Responsible Party(s)? ■ # Is the Plan reviewed and updated annually? ■ ❑ n n # Does the Plan include a Stormwater Facility Inspection Program? ■ o n n Has the Stormwater Pollution Prevention Plan been lmplementedP ■ n n n Comment: SPPP should note that no product mixing is performed in stormwater (SVV) drainage area. Site map should note the name of the nearby receiving waters and that the receiving waters are also a 303(d) listed stream (see comments in Summary). Although no significant spills have occurred since the permit was issued (September 30, 2008), the SPPP should be updated annually to include a statement attesting to such. Any SW releases from secondary containment structures should be documented and recorded in the SPPP as required by Part Il, Section A, No. 2(b) of the SW permit. The SPRP should identify a specific person (or team) who is responsible for the implementing the SPRP as noted in Part li, Section A, No, 3 The SPPP should include a statement signifying that the Plan has been updated annually. Qualitative Monitorin Has the facility conducted its Qualitative Monitoring semi-annually? Comment: ■nnn Page: 3 Permit: NCS000525 Owner - Facility: Wallace Farm Inc Inspection Date: 08/2612009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Analytical_ Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n n n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: All vehicle maintenance is performed under roof by an outside contractor. Permit and Oil # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: On an annual basis, the permittee should include a statement in the SPPP that the presence of iliict (non-stormwater) discharges has been evaluated. nn■n Yes No NA NE ■nnF1 ■000 nn■n ❑n■n Page: 4 12/11/2008 6/23/2009 11/12/2009 3/29/2010 12/1/2010 6/6/2012 9/5/2012 �-�-�-_Parameter F� ecal Coliform_JCFU/_100. mL) 22� 00 6000 6000_ 6000 6000 2400 6000 ETSS (mg/L) 400 5�10 204 85 328 141 72 BOD (mg/L) 5 7f1 7.6 12.7 6.6 ' 11.7 pH (Std. Units) 7.8 6.7 7.7 7.2 7.3 7.4 TKN (mg/L) 4.9 3.6 5 5.1 2.6 4.3 Nitrate/Nitrite (mg/L) 0.98 0.29 1.9 0.83 1.8 0.43 Phosporus (mg/L) 1.1 0.59 1.1 0.46 0.73 0.88 7C0D(mg/L) 153 101 161 153 201 114 Rainfall, in 2 4.8 1.1 1.13 1.5 9/18/2012 1/17/2013 Fecal Coliform (CFU/100 mL) 6000 6000 TSS (mg/L) 740 1090 BOD (mg/L) 23.1 12 pH (Std. Units) 7.4 8.1 TKN (mg/L) 8 ND Nitrate/Nitrite (mg/L) 0.9 0.95 Phosporus (mg/L) 2.4 2 COD (mg/L) 308 307 Rainfall, in 1.5 1.5 11/12/2009 9/5/2012 Eastfield Meadows Eastfield Meadows 1340 3300 9..3 62 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number: NCS O. Z '5 _ or Certificate of Coverage Number: NCG FACILITY NAME " C.'t . i ✓� L� < PERSON COLLECTING SAMPLE(S) CERTIFIED LABORATORY(S) ���� Lab # il.�hvc.f'It,�lyc _Lab# Part A: Specific Monitoring Requirements SAMPLES COLLECTED DURING CALENDAR YEAR: -7_&0S, (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.) COUNTY M p-4 b, 4—,C PHONE NO. (-`}U*f 1 R 1 )--T') J— (SIGNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. Outfall No: Date w _ Sample Collected 50050 Total FlOW'(1f app.) Total Rainfall" Ail-R C 1. �.: ` . J- Total -, Suspended 'Solids,(TSS)� Tutaft-en+ pH � J E, JtlY :. inoldd/vr .. - MG: x inches MgA m m _ . Units ,.. ,L- . F+ uut.,t, A /\ / / y\ Does this facility perform Vehicle Maintenance Activities using more than 55 Gallons of new motor oil per month? _ yes �no (if yes. complete Part B) Part B. Vehicle Maintenance Activity '%Ionitoring Requirements 'Outfall NO.- Date. Sample :Total -Collected P: -50050 00556 - = 00530- 00400 Flog. {if applicable} Total Rainfall Oil-& Grease Total _ Suspended Solids, pH New Motor Oil ,Usage mo/dd/vr MG inches m m Units al/mo MAC � ssino Ursa %nioso'a V* c Form SWU-246-1 12608 Page i of 2 STORM EVENT CHARACTERISTICS: Date 2 -I I - 6 Total Event Precipitation (inches): Event Duration (hours): NO (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-lhe possibility of fines and imprisonment for knowing violations." w ee. �/zs/� (Signature of Permittee) (Date)— I Form SWU-246-1 12608 Page 2 of 2 le--_ VE STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number: NCS--(, ?O l or Certificate of Coverage Number: NCG- FACILITY NAME PERSON COLLECTING SAMPLE(S) CERTIFIED LABORATORY(S) j). Lab # ?4x CYO -Lab # Part A: Specific Monitoring Requirements SAMPLES COLLECTED DURING CALENDAR YEAR: '4L,�3 (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.) COUNTY - PHONE N I (SIGNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. M- 7'?M� ;-34 iV�ffV I - �4":yi No: To 6 1 To ta I �"Tii P H - Collected lorapp. p. �()wl'Rainfall' U. 'vA 1.•' ' 1 21 6-1 W, W -54" .5w Av 4Q ixeRV% 45' i& mji�-4-7��' 26 'Aun Er. V . .................. R'7 i VL— Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month?_ yes _no (if yes. complete Part B) Part B: Vehicle Maintenance Activity Monitoring Requirements Outfall No: Diii-e Samplg _ Coliel cted V '500500 "t" 00556`,Rn, ,N 110530r=< 00, Total Flaw kI I i a P P AJ C a b I Total Rainfall' 14 Oil,'&'Grease T I N6WiM6tbf-0il-fi 1Jsake. fifo- /d d/y i�. 1� :MG-7- :inches x1ii Form SWU-246-112608 Page I of 2 STORM EVENT CHARACTERISTICS: Date 14. Total Event Precipitation (inches): Event Duration (hours): Nll l� (only if applicable — see pernvt.) (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." (Signature of Permittee) (Date) Form SWU-246-112608 Page 2 of 2 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 September 30, 2008 Mr. Eric Wallace Wallace Farm, Inc. 14410 Eastfield Road Huntersville, North Carolina 28078 Subject: Final NPDES Stormwater Permit Permit NCS000525 Wallace Farm, Inc. Mecklenburg County Dear Mr. Wallace: In response to your completed application for an NPDES stormwater discharge permit received on February 8, 2008, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as subsequently' amended). This final permit includes several major changes from the draft permit which was the subject of the May 28, 2008 Public Hearing. The major provisions of this final permit include the following. 1. Wallace Farm must develop and implement a Stormwater Pollution Prevention Plan (SPPP) within six months of permit issuance. See Part III, Section A, Item 1 in the permit text. The elements of the SPPP are enforceable conditions of the permit. 2. Wallace Farm must provide and employ flexible fabric covers to prevent incident rainfall on the working materials in the Product Mixing Area. Within six months of permit issuance, Wallace Farm must install an approved stormwater treatment BMP to reduce solids which may be present in the runoff from the stormwater drainage area. The proposed BMP must be submitted for approval to the Division within three months of permit issuance.. See Part III, Section A, Item 1 in the permit text. This is an additional requirement not included in the draft permit. 4. Within six months of permit issuance Wallace Farm must augment the eastern boundary of the stormwater drainage area shown on the permit application site plan drawing in order to insure effective run on minimization and segregation. Within three months of permit issuance Wallace Farm must request on -site assistance from the Division for a field determination of the extent and nature of sufficient augmentation measures necessary to insure that -the drainage divide defining the permitted stormwater drainage area is effectively established. See Part III, Section A, Item 1 in the permit text. This is an additional requirement not included in the draft permit. 5. Quarterly sampling for Total Suspended Solids, Chemical Oxygen Demand, Total Nitrogen, and pH are retained from the draft permit. Quarterly sampling for Biochemical Oxygen Demand, Total Phosphorus, and Fecal Coliform was not included irk the draft permit, and has been added to the final permit. NotthCarolins Alahrra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr,state,nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1.877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper Mr. Eric Wallace Permit No. NCS000525 Page 2 of 2 September 30, 2008 6. The tiered approach for management response to benchmark exceedences has been retained from the draft permit. Repeated benchmark exceedences may trigger additional monitoring, additional management measures, and/or the installation of additional stormwater BMPs. Failure to respond to benchmark exceedences as required by the permit constitutes a violation of the permit conditions. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1508 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 except by action of the Division. Part III, Section B, Item 2 addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Division of Waste Management, or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Ken Pickle at (919) 807-6376 or ken.pickle@ncmai1.net Sincer ly, Co een H. Sulli cc: DWQ Mooresville Regional Office, Water Quality Section DWQ Mooresville Regional Office,.Aquifer Protection Section DWQ Stormwater Permitting Unit DWQ Central Files DWM, Michael Scott Mike Mitchell, EPA Region IV Mecklenburg County, Rusty Rozzelle Attachment: Stormwater Permit NCS000525 Permit No. NCS000525 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, U C1 G z4 sT 3 - _ - >''_T3 Wallace Farm, Inc. is hereby authorized to discharge stormwater from a facility located at Wallace Farm, Inc. 14410 Eastf eld Road Huntersville, NC Mecklenburg County to receiving waters designated as unnamed tributary to Clarke Creek, -a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. This permit shall become effective October 1, 2008. This permit and the authorization to discharge shall expire at midnight on September 30, 2013. Signed this day, September 30, 2008. Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000525 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART H MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. OiI 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 u Permit No. NCS000525 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 Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS T Permit No. NCS000525 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 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stonnwater 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 I of 2 SECTION C: LOCATION MAP Pennit No. NCS000525 Latitude: 35" 23'30" N NCS000525 Longitude: 80'46'00"W County: Mecklenburg; Wallace Farm, Inc Stream Class: C Receiving Stream: UT to Clarke Creek Sub -basin: 03-07-11 Yadkin -Pee Dee River Basin Facility Location North +I Map Not to Scale Part I Page 2 of 2 Permit No. NCS000525 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The 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 parameter(s) of concern are. North Carolina's 303(d) list can be found here: http://h2o.enr.state.ne.us/tmdl/General 303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL_list.htm#Final_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. 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, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfaIls) (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) All on -site and adjacent surface waters and wetlands (9) Building locations (10) Existing BMPs and impervious surfaces Part II Page I of 10 Permit No. NCS000525 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. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which -control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances 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. Ifthe secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five (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, 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. Part II Page 2 of 10 Permit No. NCS000525 d. Temporary Covers Requirement in the Product Mixing Area. The permittee must provide a readily accessible flexible cover for each pile of material in process at the Product Mixing Area shown on the site plan. The covers shall be located in an adjacent building,.and must be immediately employed to prevent exposure to incident rainfall onto materials being sized, sorted, mixed, or staged in the area. The covers shall remain in place for the duration of any rainfall, and when the necessary operating personnel are riot present. The Stormwater Management Plan shall record the storage location of the flexible covers and the associated anchors to prevent removal by wind, a specification of the materials of construction and thickness of the covers, and a narrative on the weather, timing, and any other operating circumstances related to the employment of the covers. The permittee shall keep a daily log of the instances when the flexible covers are employed. Staff training on the employment of the covers and anchors shall be recorded in the SPPP. e. Stormwater Treatment BMP. The permittee shall install a stormwater treatment BMP to reduce pollutant migration off site. Significant portions of the permitted area are regularly disturbed by heavy equipment and have the potential to generate soils or other suspended solids into the runoff. The BMP shall, at a minimum, be designed to reduce sediment, suspended solids, and turbidity from the total permitted runoff flow before it is discharged to the receiving water. Prior to installation, the permittee shall submit the proposed BMP for review and approval to DWQ's Mooresville Regional Office Supervisor, Surface Water Protection Section. The BMP shall be inspected at least once every seven calendar days, and within 24 hours after any storm event of 0.5 inches of rain per 24-hour period. f. Run On Reduction and Segregation Measures. The permittee shall augment the surface drainage divide along the eastern boundary of the permitted drainage area as shown on the application site plan drawing. Additional ditching, berming, raised road surface, culverts, or other improvements as necessary shall be installed from the discharge point at the southern extent of the drainage area extending up to Product Storage and Bagging Building areas. The permittee shall request on -site inspection and assistance from the DWQ Mooresville Regional Office Supervisor, Surface Water Protection Section for field identification of the extent of drainage divide augmentation. . 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 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 r r r Part II Page 3 of 10 Pemih No. NCS000525 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance 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 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 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 PIan 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 Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-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 regular inspections are 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 other Sections of Part II of this permit. 9. Implementation. The permittee shall implement the Plan. The. permittee shall document all monitoring, measurements, inspections and maintenance activities and training Part II Page 4 of 10 Permit No. NCS000525 X V provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of twenty 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 1. Anal tical Monitoring Requirements f' Disch°ar °?f a�tp .:��';A�1Vleasuremenf ¢tCliaractertstics.ti�,,���a„iintts.r: �" tr'`Sairi� ,p-Fre uenc ,1', le, T eZ��LocatIon'ta3� s""Samee` Total Suspended Solids m /L quarterly ' Grab SDO Chemical Oxygen Demand m /L quarterly Grab SDO Biochemical Oxygen Demand m /L quarterly Grab SDO Total Nitrogen m /L quarterly Grab SDO Total Phosphorus m /L quarterly Grab SDO Fecal Coliforin col./100 ml quarterly Grab SDO H standard quarterly Grab SDO Total Rainfal14 inches quarterly ain Gauge - C� Footnotes: n I Measurement Frequency: Quarterly 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 quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part II Page 5 of 10 Permit No. NCS000525 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 twenty analytical samplings in accordance with the schedule specified below in Table 2. Table 2. Monitoring Schedule •„r+r i. 7 H� Y,�''<. ° �.as i � y S� s r t ni rt in �Mon�torin �`. ^ti,'1U P� � d�xil �ti l 1 i�y�e� � � N� �'*1` "` � e 'Its: r °�� 4 4v(�'�'Sa 4:. R ib J �.�RY 3 � t-rj n r" h i).: 1 � �� [ U. �f li IY �I � f,.�,i`4k"x ry < i w '� s. �91i'l�Q(e J�F •i� �r Afi �Pz . u rR,, eaC,r% ,. -lip ;y, 1 Samplelperiod � Yrr' ,.r 'il t fi Ta' i ' ns�,� y Sample period F r i� ''�� ��C , r. ° Sample:periodr h .k r �"°-�.t 4. i,E� ,`Sa pl pe wod t� i Y„o-'` tr 'cF . � �p�i.��ia �'+ �Cm'tia�`yr,,'y� _� `c"A�L xx,�, P,� 7 ti.+i`i?�a^„ r-'4..yx� V ,'�:'.'b�-in,.k �4 - .� (� 3� S F Year 1 10/ 1 /08 — 12/31 /08 1 / 1 /09 — 3/31 /09 4/ 1 /09 — 6/30/09 7/ l /09 — 9/30/09 Year 10/1/09 — 12/31/09 1/1/10-3/31/10 4/1/10 — 6/30/10 7/1/10 — 9/30/10 Year 10/1/10— 12/31/10 1/1/11—3/31/11 4/1/11—6/30/11 7/1/11—9/30/11 Year 10/1/11 — 12/31/11 ill/12-3/31/12 4/1/12 — 6/30/12 7/1/12 — 9/30/12 Year 5 10/i/l2 — 12/31/12 1/1/13 — 3/31/13 4/1/13 — 6/30/13 7/1/13 — 9/30/13 Footnotes: 1 Maintain quarterly monitoring during permit renewal process. The applicant must continue quarterly monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the sampling period. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring (0° Discharge C}iaract ris"t?cs j �a Units } 'lBenchmarl Y Total Suspended Solids tng/L 100 Chemical Oxygen Demand mg/L 120 Biochemical Oxygen Demand mg/L 30 Total Nitrogen tng/L 30 Total Phosphorus mg/L 2 Fecal Coliform colonies/100 m] 1000 pH standard units 6-9 Part II Page 6 of 10 Permit No. NCS000525 If: The sampling results are above a benchmark value, or outside of the benchmark range, for any at anv outfall: Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 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 permittee shall: I. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part 1I Page 7 of 10 Permit No. NCS000525 +/\ lr-v/.S9o', During the tern of this permit, if the sampling results exceed the benchmark valu�, or are outside the benchmark range, for any specific parameter at any specific outfall on more than our occasions, the permittee shall report the same in writing to the DWQ RegionalOffice Supervisor. DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of the unnamed tributary to Clarke Creek, or for Clarke Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part 11 Page 8 of 10 Permit No. NCS000525 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, and during each analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Storrnwater Pollution Prevention Plan (SPPP).and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements � sxs^rr,�r � ,Discharge Characteristics l +. r4# ��� `.a:�<,1';:Laca'tion?R r *reR .SFs�e6t h ?1.F YFrequencyi the w 1Vloniforing . Color quarterly SDO Odor quarterly SDO Clarit arterly SDO Floating Solids quarterly SDO Suspended Solids quarterly SDO Foam quarterlX SDO Oil Sheen_quarterly SDO Erosion or deposition at the outfall quarterly SDO Other obvious indicators of stormwater pollution quarterly SDO Footnotes: 1 Measurement Frequency: Quarterly 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 quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perfartn 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 Part II Page 9 of 10 Permit No. NCS000525 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 r��ra.•4. • r s �b � Discharge Characteristics ,:Units; rrT�.. r air x '�3 ��, y1^�,�� k � 1" r a « fg„r + }� ' tr �a b y �Fre u rv,N, _, .a^u - _.. v 14MeasurenientSamplek°; s nr+ . e a fi'Y � za l^Y f uenc '1 F e an rT■fir pu y`•;1 rin 2 ; i, °,, Sample 3', „3" � �L0catt0n H standard quarterly Grab SDO Oil and Grease mg/1 quarterly Grab SDO Total Suspended Solids mg/1 quarterly Grab SDO Total Rainfall4 inches quarteril Rain gauge New Motor Oil Usage I gallons/month 1 quarterlyEstimate I Footnotes: Measurement Frequency: Quarterly 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 quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge AfAracfe. ics 44 `�i� Units ' ' :-' � x Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 10 of 10 Permit No. NCS000525 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within six 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 2b of this permit, shall be accomplished within six months of the effective date of the initial permit issuance. The stormwater BMP required in Part II, Section A, Paragraph 2e of this permit shall be installed within six months of the effective date of the initial permit issuance. Within three months of permit issuance the permittee shall submit to DWQ's Mooresville Regional Office Supervisor, Surface Water Protection Section, a narrative description, layout drawing, and dimensional information for the proposed stormwater BMP. The drainage divide augmentation required in Part 11, Section A, Paragraph 2f of this permit shall be accomplished within six months of the effective date of the initial permit issuance. Within three months of permit issuance the permittee shall request a field determination of the necessary extent of augmentation measures by DWQ's Mooresville Regional Office Supervisor, Surface Water Protection Section. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application, a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500, [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a),I C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] Part III Page I of 8 Permit No. NCS000525 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, oi• 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 $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class I1 violations are not to exceed $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class Il penalty not to exceed $137,500, 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 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 legal action or relieve the penmittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq, or Section 311 of the Federal Act, 33 USC 1321. 6. Property, Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Dutv to Provide Information The penmittee 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, Part III Page 2 of 8 Permit No. NCS000525 upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that 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 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 Ex iration 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. Sienatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. Part III Page 3 of 8 Permit No. NCS000525 b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification; "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 211 .0100; and North Carolina General Statute 143-215.1 et. al. 5. Pennit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Part III Page 4 of 8 Permit No. NCS000525 Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a pennittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part I11, 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 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. Part III Page 5 of 8 Permit No. NCS000525 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges, 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or,lower reporting level of the procedure. 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 Stonnwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Insnection and Entev The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual perntit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part III Page 6 of 8 Permit No. NCS000525 SECTION E: REPORTING REQUIREMENTS Discharge Monitor -in Reports Samples analyzed in accordance with the terns 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. 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. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stonnwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Part III Page 7 of 8 Permit No. NC5000525 b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Permit No. NCS000525 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved; a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-Stormwater discharges which shall be allowed in the Stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, Mows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000525 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 9, Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local se lf-govemment such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm ' resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Part VI Page 2 of 5 Pages Permit No. NCS000525 Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §I22.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single stone event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfalt 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 wastewaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which. a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000525 That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 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 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmen. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. . Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000525 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant 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 the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the pennittee. 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, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages