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HomeMy WebLinkAboutAgenda - 10-14-1993 - D 1 attch Permit No. NCG020000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143- 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges associated with activities classified as Standard Industrial Classification Code 14 (mineral mining industry) , except as specified below, including active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle process wastewater; and/or mine dewatering are hereby authorized to discharge to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters. The following activities and their associated stormwater discharges shall not have coverage under this General Permit: peat mining, coal mining, metal mining, stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations. The General Permit shall become effective on September 1, 1992. The General Permit shall expire at midnight on August 31, 1997. Signed this day July 31, 1992. 4 �. A. Preston Howard, ., P.E., Acting Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCG020000 • PERMITTED ACTIVITIES Until this permit expires or is modified or rescinded, the permittee is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or mine dewatering to the surface waters of North Carolina after adequate treatment and/or management in accordance with an approved Mining Permit by the North Carolina Division of Land Resources, Land Quality Section, under the provisions and requirements of North Carolina General Statute (NCGS) Chapter 74, Article 7, or under the provisions of NCGS 74-67 for borrow pits. All discharges shall be in accordance with the attached schedules as follows: Section A - Final Limitations and Controls for Stormwater and Wastewater Discharges Section B - Minimum Monitoring and Reporting Requirements Section C - Schedule of Compliance Standard Conditions for General Permits Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. General Permit Coverage All persons desiring to be covered by this General Permit must register with the North Carolina Division of Environmental Management (DEM) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any new discharge of stormwater, overflow from facilities that recycle process wastewater, or mine dewatering associated with a mining activity that has a point source discharge to the surface waters of the state or existing discharge of stormwater which will continue beyond October 1, 1992. The NOI shall contain a copy of the valid mining permit for the mining activity issued by the Land Quality Section. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed or prior to October 1, 1992 for existing discharges of stormwater. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. Permit No. NCG020000 PART I SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER AND WASTEWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or effluent from mine dewatering. Such discharges shall be controlled, limited, and monitored as specified below: 1 . The Permittee shall implement Best Management Practices (BMPs) to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site of the sources covered by this permit. A BMP plan shall be developed in accordance with Part I, Section C of this permit for each facility covered by tr,s general permit. 2. The Permittee shall implement management practices and the Erosion and Sedimentation Control Plan that are included in the mining permit which have been approved by the Division of Land Resources. The approved permit is considered a requirement or condition of this general permit. Deviation from the approved permit, or approved amendment to the permit, shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued mining permit including the approved Erosion and Sedimentation Control Plan and the Reclamation Plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this permit. 3. Equipment utilized during the mining activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on to the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface or ground waters of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner so as not to allow their entry into the surface or ground waters of the state. 4. Above ground bulk storage of petroleum products and storage of Section 313 Water Priority Chemicals shall have secondary containment devices within the first 12 months of permit coverage for existing discharges and prior to beginning operations for new discharges to prevent leaks and spills from contaminating stormwater runoff. Page 1 of 24 Pages 5.EFFLUENT LIMITATIONS AND MONITORING REC]UIREMENTS-MINE DEWATERING AND/OR OVERFLOW FROM FACILITIES THAT RECYCLE PROCESS WASTEWATER Mine dewatering and/or overflow from facilities that recycle process wastewater shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample Sample Mon. Ava. Daily Max. Frequency I= Location Total Flow1 E Settleable Solids 0.1 ml/I 0.2 ml/I Monthly Grab E Turbidity2 Monthly Grab E Total Suspended Solids 3 Monthly Grab E Total Suspended Solids 4 Monthly Grab E ° Sample Locations: E - Effluent 1 Total Flow shall be continuous flow measurement. Alternatively, pump curves and pump logs may be used as a means to record flow. 2 Turbidity monthly average limitation: Trout waters 10 NTUs Non-trout lakes and all saltwaters 25 NTUs Freshwater non-trout streams 50 NTUs Total Suspended Solids for Industrial Sand Mining shall be limited to a monthly average of 25 mg/I and a daily maximum of 45 mg/l. 4 Total Suspended Solids for Phosphate Rock Mining shall be limited to a monthly average of 30 mg/I and a daily maximum of 60 mg/l. BMP Conditions 1. The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at the site. 2. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any chemical additive for purposes of flocculation. The pi-I shall not be less than 6.0 standard units nor greater than 9.0 standard units in fresh waters, and shall not be less than 6.8 standard units nor greater than 8.5 standard units for salt waters, and shall be monitored monthly at the effluent by grab samples. (The pH for discharges into streams designated swamp waters may be lower.) There shall be no discharge of floating solids or visible foam in other than trace amounts. 6.MONITORING REQUIREMENTS -LAND DISTURBING ACTIVITIES. Stormwater discharges from any disturbed areas during land grading operations (except for sand and gravel mining operations) shall be monitored by the permittee as specified below: Stormwater Discharge Units Monitoring Requirements Characteristics Measurement Sample Sample Frequency I= Location Total Suspended Solids mg/I once/year Grab `DO Settleable Solids m I/I once/year Grab SDO Turbidity NTUs once/year Grab SDO PR Standard once/year Grab SDO 'Sample Locations: SDO - Stormwater Discharge Outfall Total precipitation and duration of the event measured shall be a representative storm event. Storm Event Units Monitoring_R2quirements Characteristic Total Event Precipitation inches once/year Event Duration hours once/year 7. Monitoring Requirements - Vehicle Maintenance Activities. Stormwater discharges from any vehicle maintenance activity occurring on-site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified below: Stormwater Discharge Units Monitoring- Requirements Characteristics_ Measurement Sample Sample Freguencvt IYRQ Location Total Flow3 MG 3/term SDO Oil and Grease mg/I 3 1term Grab SDO Lead, Total Recoverable4 ug/I 3 1term Grab SDO Detergents (MBAS)5 mg/I 3/term Grab SDO pH Standard 3/term Grab SDO New motor oil usage gallons/month 3/term Estimate a Measurement Frequency - 3/term - shall mean Stormwater runoff associated with vehicle maintenance activity on-site. Existing facilities shall be sampled once within six months of certificate of coverage issuance and, where possible, prior to implementing BMPs and development of the BMP Plan ,p at existing operations. Thereafter, sampling shall be conducted two times during the remaining permit term at intervals of greater than eighteen o months apart and collected during the months of April through November. 2 Sample Locations: SDO - Stormwater Discharge Outfall ro to 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the amount of built-upon area, and the total N amount of rainfall or estimated by the measurement of the flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the event measured shall be a representative storm event. 4 Applies only for facilities at which fueling occurs. 5Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. ro M Storm Event Units Monitoring Requirements Qharacteristic rt Total Event Precipitation inches 3/term Event Duration hours 3/term •° H n^ Ul O N O O O 0 Permit No. NCG020000 Part I Section B: MINIMUM MONITORING AND REPORTING REQUIREMENTS (unless otherwise approved in writing by the Division of Environmental Management) 1 . All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge of runoff of stormwater from the site. 2. Stormwater runoff discharges shall be inspected by visual observation for color, foam, outfall staining, visible sheens and dry weather flows at the above frequency to evaluate the effectiveness of the stormwater control facilities or practices. If any visible off-site sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. 3. The permittee shall keep a record of inspections. Visible sedimentation found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to DEM or authorized agent upon request. 4. A log of the sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan. 5. A log of the sampling•data and of activities taken to implement the BMP Plan shall be kept on site for the duration of the permit term and made available to the Director immediately upon request. 6. For purposes of the stormwater sampling required in this permit, all samples shall be collected from the discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Samples shall be collected at intervals not less than one year apart. If the stormwater runoff is controlled by a detention pond, the following sampling requirements apply: (a) If the detention pond detains for 24 hours the runoff generated by one inch of rainfall, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. (b) If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II, Standard Conditions, Section A), visual observations of the discharge for color, foam, outfall staining, visible sheens and dry weather flows, are required but analytical sampling shall not be required. (c) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non-discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 7. The analytical results of samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Page 5 of 24 Pages Permit No. NCG020000 Section C: Schedule of Compliance 1 . The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: For the vehicle maintenance activities: a. Develop and implement BMP's and stormwater controls, as appropriate within the first 12 months of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning mining operations at new operations. For the land disturbance activities: a. Implement BMP's and stormwater controls, as appropriate on the effective date of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning land disturbance activity at new operations. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the perm stormwater controls at optimum efficiency. Page 6 of 24 Pages Permit No. NCG020000 PART II STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A. DEFJNITIONS 1 . Act or "the Act" or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2. Best Management Practices (BMPs' Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). c. Weighted by Flow Value: Weighted flow divided vided b means the summation of the of flows. concentration times its respective f Y 4. 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 having a total storage capacity of greater than 1,320 gallons. 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 6. Coal Pile Runoff The rainfall runoff from or through any coal storage pile. Page 7 of 24 Pages 1 Permit No. NCG020000 7. DEM or Division The Division of Environmental Management, Department of Environment, Health and Natural Resources. 8. Director The Director of the Division of Environmental Management, the permit issuing authority. 9. The North Carolina Environmental Management Commission. 1 0 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11 . 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. 12. Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or c. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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. 14. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Page B of 24 Pages Permit No. NCG020000 15. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 16. Representative Storm Event A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event • measuring greater than 0.1 inches has occurred. 17. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 18. Secondary Containment Containment for the contents of the single largest tank plus sufficient freeboard to allow for precipitation. 19. 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; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Page 9 of 24 Pages Permit No. NCG020000 21. 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). 22. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 23. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in (a) through (j) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by- products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)- (k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under.40 CFR Page 10 of 24 Pages Permit No. NCG020000 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)- (j) of this definition). 24. In Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equalled or exceeded, on the average, once in ten years. Page 11 of 24 Pages Permit No. NCG020000 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 26. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. 27. Types of Samples. a. Grab samples are individual samples collected instantaneously. b. Composite Sample: a composite sample shall mean: (1) A flow-weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time-weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes. The grab sample to be composited must be of no less than 100 milliliters. 28. 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. 29. Waste Pile, Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. 30. 25-year. 24 hour storm event The maximum 24-hour precipitation event expected to be equalled or exceeded, on the average, once in 25 years. • Page 12 of 24 Pages Permit No. NCG020000 SECTION B. GENERAL CONDITIONS Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount • not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41 (a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in general permit conditions on "Bypassing" (Part II, C.3.), nothing in this general 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, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such Page 13 of 24 Pages Permit No. NCG020000 as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Di! and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this general 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. 6. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 8. Continuation of the Expired General Permit An expired general permit continues in force and effect until the general permit is reissued or a new general permit is issued. Only those facilities authorized to discharge under the expiring general permit are covered by the continued general permit. 9. Continuation of the Certificate of Coverage The certificates of coverage issued under a general permit shall continue in force and effect until the general permit is revoked or terminated. Page 14 of 24 Pages Permit No. NCG020000 10. General Permit Termination After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. 11 . When an Individual Permit may be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are. not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; c. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 12. When an Individual Permit may be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 13. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. Page 15 of 24 Pages Permit No. NCG020000° a. All notices of intent to be covered under this general permit shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general 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: (I) 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. Certification. 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." Page 16 of 24 Pages Permit No. NCG020000 14. General Permit Modification. Revocation and Reissuance. or Termination The Issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 15. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be changes oeantci and ed noncompliance r does not of for any general permit conditiionned changes anticipated C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1 . Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 2. Need to Halt or Reduce not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities a. Definitions (I) "Bypass" means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably o a beco economic loss caused by delays absence of a bypass. Severe property damage does production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Page 17 of 24 Pages Permit No. NCG020000 c. Notice (I) 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. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 5. of this general permit. (24-hour notice): d. Prohibition of Bypass (I) Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (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 Paragraph c. of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. (I) of this section. • 4. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. Page 18 of 24 Pages Permit No. NCG020000 A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this general permit. (4) The permittee complied with any remedial measures required under Part Ii, A. 2. of this general permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the certificate of coverage issued pursuant to this general permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. 2. Reporting Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. Page 19 of 24 Pages Permit No. NCG020000 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 general permit, all test procedures must produce minimum detection and reporting levels that are below the general permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. 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 general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Page 20 of 24 Pages Permit No. NCG020000 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the . conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS. 1 . Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (I). Page 21 of 24 Pages Permit No. NCG020000 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements. 3. Transfers, The certificate of coverage issued pursuant to this general 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 certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. 4. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this general permit. 5. Twenty-four Hour Reporting a. 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 it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (B) Any upset which exceeds any effluent limitation in the general permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 4 and 5. of this general permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 5. of this general permit. Page 22 of 24 Pages Permit No. NCG020000 7. Other Information • Where the permittee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. 8. 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 Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 9. 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 general 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. Part III OTHER INFORMATION A. Limitations Reopener This general 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: 1 . contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or 2. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 23 of 24 Pages Permit No. NCG020000° PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A 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 Certificate of Coverage. Page 24 of 24 Pages