NCG150000-General Permit-20220630-DEMLR-SW.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES

GENERAL PERMIT NO. NCG150000

TO DISCHARGE STORMWATER UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

For establishments primarily engaged in the following activities:

Furnishing Transportation by Air or Operating Airports

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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage (COC) by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein.

Coverage under this General Permit is applicable to:

All owners or operators of stormwater point source discharges associated with activities from Air

Transportation facilities identified by the SIC Codes in Major Group 45, including:

1. Air transportation, scheduled, and air courier (SIC 4512 and 4513)

2. Air transportation, non-scheduled (SIC 4522)

3. Airports, flying fields, except those maintained by aviation clubs, and airport terminal services and hangar operations including:

• Air traffic control, except government | Aircraft storage at airports | Aircraft upholstery repair | Airfreight handling at airports | Airport hangar rental | Airport leasing, if operating airport

4. Airport and aircraft service and maintenance including:

• Aircraft cleaning and janitorial service | Aircraft servicing/repairing, except on a factory basis | vehicle maintenance shops (e.g., vehicle and equipment rehabilitation, cleaning, mechanical repairs, painting, fueling, lubrication)

5. Material handling facilities

Stormwater point source discharges from like industrial activities deemed by The Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, final products, or waste products.

The General Permit shall become effective on July 1, 2022.

The General Permit shall expire at midnight on June 30, 2027.

Permit No. NCG150000 i

TABLE OF CONTENTS

PART A NCG150000 PERMIT COVERAGE

PART B STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

B-1. Responsible Party

B-2. General Location Map

B-3. Site Map

B-4. Narrative Description of Industrial Process

B-5. Feasibility Study

B-6. Evaluation of Stormwater Outfalls

B-7. Stormwater Best Management Practice (BMP) Summary

B-8. Secondary Containment Plan

B-9. Spill Prevention and Response Procedures

B-10. Solvent Management Plan

B-11. Preventative Maintenance and Good Housekeeping

B-12. Deicing Operations

B-13. Aircraft, Ground Vehicle, and Equipment Cleaning

B-14. Employee Training

B-15. Representative Outfall Status

B-16. Annual SWPPP Review and Update

B-17. Annual On-line SWPPP Certification (Forthcoming)

B-18. Notice to Modify the SWPPP

B-19. SWPPP Documentation

PART C OPERATIONAL REQUIREMENTS

C-1. Operation and Maintenance of Treatment and Control Systems

C-2. Stormwater Control Measure (SCM) Clean-Out

C-3. Residuals Management

C-4. Corrective Actions

C-5. Draw Down of Treatment Facilities for Essential Maintenance

C-6. Bypasses of Stormwater Treatment Facilities

C-7. Upsets

C-8. Required Notices for Bypasses and Upsets

PART D QUALITATIVE MONITORING OF STORMWATER DISCHARGES

D-1. Visual Inspections

D-2. Qualitative Monitoring Response ii

PART E ANALYTICAL MONITORING OF STORMWATER DISCHARGES

E-1. Required Baseline Sampling

E-2. Baseline Sampling Benchmarks

E-3. Methodology for Collecting Samples

E-4. Locations for Collecting Samples

E-5. Tier I Response: Single Benchmark Exceedance

E-6. Tier II Response: Two Consecutive Benchmark Exceedances

E-7. Tier III Response: Four Benchmark Exceedances Within the Permit Term

PART F SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)

F-1. Deadlines for Submittal

F-2. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)

F-3. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)

F-4. Results Below Detection Limits

F-5 Occurrences of No Discharge

F-6. Reports if More Frequent Monitoring Has Occurred

F-7. Report if Begin Discharging to a Waterbody Not Listed on the COC

F-8. Qualitative Monitoring Reports

F-9. Monitoring Report Retention

PART G OTHER OCCURANCES THAT MUST BE REPORTED

PART H PERMIT ADMINISTRATION

H-1. Signatory Requirements

H-2. General Permit Expiration

H-3. Planned Changes

H-4. Transfers

H-5. When an Individual Permit May be Required

H-6. When an Individual Permit May be Requested

H-7. General Permit Modification, Revocation and Reissuance, or Termination

H-8. Certificate of Coverage Actions

H-9. Requirement to Report Incorrect Information

H-10. Waivers from Electronic Reporting

H-11. Annual Administering and Compliance Monitoring Fee Requirements

H-12. Flow Measurements

H-13. Test Procedures

H-14. Availability of Reports iii

PART I COMPLIANCE AND LIABILITY

I-1. Compliance Schedule

I-2. Duty to Comply

I-3. Duty to Mitigate

I-4. Civil and Criminal Liability

I-5. Oil and Hazardous Substance Liability

I-6. Property Rights

I-7. Severability

I-8. Duty to Provide Information

I-9. Penalties for Tampering

I-10. Penalties for Falsification of Reports

I-11. Onshore or Offshore Construction

I-12. Duty to Reapply

I-13. Inspection and Entry

I-14. Need to Halt or Reduce not a Defense

PART J DEFINITIONS

PART A: NCG150000 PERMIT COVERAGE

All persons desiring to have facilities covered by this General Permit must register with the Division of Energy, Mineral, and Land Resources (DEMLR) by filing a Notice of Intent (NOI) and paying the applicable fees. The NOI shall be submitted and a Certificate of Coverage (COC) issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to surface waters of the state or to a separate storm sewer system conveying discharges to surface waters.

Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual National Pollutant Discharge Elimination System (NPDES) permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit shall be made at least 180 days prior to commencement of discharge.

This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has been rescinded or revoked. 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.

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 Exclusion from permitting must submit a No Exposure Certification NOI form to DEMLR; must receive approval from DEMLR; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.

Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater discharges is established. A TMDL is for one or more watersheds with one or more impaired waters. The TMDL sets one or more pollutant-loading limits that affects one or more watersheds, or portion of a watershed, draining to one or more impaired waters. A list of approved TMDLs for the state of North Carolina can be found at https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/tmdls. To not be subject to the TMDL, each facility with one or more discharges to watersheds affected by a TMDL must demonstrate it does not have reasonable potential to violate applicable water quality standards for those pollutants identified in the TMDL as a result of discharges. If DEMLR determines that discharges have reasonable potential to cause water quality standards violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. After that individual permit becomes effective, the facility will no longer have coverage under this General Permit. Note although there is not a TMDL for every impaired water, the permittee must identify impaired waters in the General Location Map, as outlined in the Stormwater Pollution Prevention Plan (SWPPP), Part B of this permit. The Department of Environmental Quality - Division of Water Resources integrated reports (https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files) include assessments of waters monitored in North Carolina. Use the most recent EPA-approved final report to identify impaired waters.

Until this permit expires or is modified, revoked, or rescinded, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or a separate storm sewer system which has been treated and managed in accordance with the terms and conditions of this General Permit and the requirements of the permittee’s COC.

https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/tmdls https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files

The permittee’s COC is hereby incorporated by reference into this General Permit. Any violation of the COC is a violation of this General Permit and subject to enforcement action as provided in the General Permit.

Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval.

The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500.

If activities covered by this permit expand or change after issuance of the COC such that the types of discharges are affected, the permittee must first contact DEMLR to determine if modifications to the COC are necessary.

This permit does not relieve the permittee’s responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, or decree.

PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement by DEMLR. The permittee shall implement the SWPPP, and all Best Management Practices (BMPs) consistent with the provisions of this permit, to control contaminants entering surface waters.

These items shall exist for the duration of the permit term and made available to the Director upon request and also shall be sent to the Regional Office upon request. The SWPPP shall be considered public information in accordance with I-8 of this General Permit.

The SWPPP shall include, at a minimum, the following items:

B-1. Responsible Party

The SWPPP shall identify specific positions responsible for the overall coordination, development, implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be documented and position assignments provided.

In addition, the permittee shall maintain a list of tenants and/or other operators that engage in industrial activities on site. Note that SWPPP requirements apply to all covered industrial activities and areas regardless of whether or not the activity is conducted by the permittee.

B-2. General Location Map

The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map that includes:

(a) The facility's location in relation to transportation routes and surface waters;

(b) The name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters;

(c) Any impaired receiving waters. Use the most recent final integrated report (https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files) to identify impaired waters;

(d) If the site is in a watershed for which a TMDL has been established, include a list of the parameters of concern (those exceeding water quality standards).

B-3. Site Map

The Site Map shall include the following at a scale sufficient to clearly depict all required features.

At a minimum, the map shall include:

(a) Site property/permit boundary;

(b) Site topography;

(c) Buildings, roads, parking areas and other built-upon areas;

(d) Industrial activity areas (including, but not limited to: aircraft, ground vehicle, and equipment maintenance activities, metal fabrication of materials or equipment, storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads);

(e) Stormwater discharge outfalls and a table of latitudes and longitudes;

https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files

(f) Delineated drainage area for each outfall and a table of impervious percentage for each drainage area;

(g) Stormwater Control Measures (SCMs);

(h) All stormwater collection/drainage features, structures and direction of flow;

(i) On-site and adjacent surface waters and wetlands; and

(j) A graphic scale and north arrow.

B-4. Narrative Description of Industrial Processes

The narrative description shall include:

(a) Storage practices;

(b) Loading and unloading activities;

(c) Outdoor process areas;

(d) Dust or particulate generating and control processes;

(e) Waste disposal practices; and

(f) A list of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall.

B-5. 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 rainfall and runoff flows. 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 review shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination.

B-6. Evaluation of Stormwater Outfalls

On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-stormwater discharges.

(a) If no non-stormwater discharges are present, the permittee shall certify the evaluation results. This certification shall be dated and signed in accordance with the requirements found in H-1 and retained with the SWPPP.

(b) If non-stormwater discharges are present, the permittee shall identify the source and record whether the discharge is otherwise permitted by rule or a different permit. The permittee shall evaluate the environmental significance of the non-stormwater discharges.

A written summary record shall be dated and signed in accordance with the requirements found in H-1 and retained with the SWPPP.

B-7. Stormwater BMP Summary

The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall be reviewed and updated annually.

The BMP Summary shall include:

(a) Written record of the specific rational for installation and implementation of the selected site BMPs.

(b) Structural and nonstructural practices to minimize the exposure and transport of materials in stormwater.

(c) BMPs for aircraft, ground vehicle, and equipment maintenance activities.

(d) If remote fueling (or other vehicle maintenance activities) are conducted at offsite locations, but coordinated from the permitted facility, BMPs used to prevent and/or minimize the contamination of stormwater from such activities.

B-8. Secondary Containment Plan

In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment is required for: bulk storage of liquid materials including petroleum products; storage in any amount of water priority chemicals listed in Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA); and storage of hazardous substances in any amount.

For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC) regulation, the SPCC Plan may be used to support compliance with this requirement.

The Secondary Containment Plan shall include:

(a) A table or summary of tanks and stored materials equipped with secondary containment systems;

(b) Manually activated valves or other similar devices that are securely closed with a locking mechanism if the secondary containment devices are connected to the stormwater conveyance system;

(c) A commitment to visually observe any accumulated stormwater prior to release for color, foam, outfall staining, visible sheens, and dry weather flow;

(d) A commitment to only release accumulated stormwater that is uncontaminated by any material; and

(e) Records on every release from a secondary containment system that include: the individual making the observation, a description of the accumulated stormwater, and the date and time of the release. These records shall be kept for a period of five (5) years.

B-9. Spill Prevention and Response Procedures

A responsible person shall be on-site at all times during facility operations that have potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. For facilities subject to the federal SPCC regulation, the SPCC Plan may be used to support compliance with this requirement.

The Spill Prevention and Response Procedures (SPRP) shall include:

(a) An assessment of areas of the facility where there is the potential for spills;

(b) A list of trained facility personnel responsible for implementing the SPRP;

(c) A signed and dated acknowledgement in which staff members accept responsibilities for the

SPRP;

(d) An inventory of spill response materials and equipment and the locations for storing these items;

(e) Written procedures for proper cleanup and disposal of spilled materials; and

(f) A list of significant spills or leaks of pollutants that have occurred during the previous three

(3) years and any corrective actions taken to mitigate spill impacts or the notation that no spills have occurred. This list shall be updated on annual basis.

B-10. Solvent Management Plan

The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater Pollution Prevention Plan (SWPPP).

The Solvent Management Plan (SMP) shall include:

(a) an annually updated and quantified inventory of solvents present on site during the previous three years;

(b) a narrative description of the facility locations and uses of solvents;

(c) the method of disposal, including quantities disposed on-site and off-site; and

(d) the management procedures and engineering measures for assuring that solvents do not spill or leak into stormwater.

If solvents are not stored or used onsite, the owner must certify that in the SWPPP. DEMLR may at is discretion require submittal, review, and approval of the SMP.

B-11. Preventative Maintenance and Good Housekeeping Program

A preventative maintenance and good housekeeping program (PMGHP) shall be developed and implemented.

The PMGHP shall include:

(a) A schedule of inspections, maintenance, and housekeeping measures for industrial activity areas including, at a minimum, all material storage and handling areas, disposal areas, process areas, loading and unloading areas, haul roads, and vehicle maintenance areas.

Inspections shall occur at a minimum on a quarterly schedule (January-March, April-June, July-September, October-December).

(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable federal and/or state disposal regulations.

(c) A record of inspections, maintenance, and housekeeping activities.

B-12. Deicing Operations

The permittee shall describe and implement BMPs that prevent or minimize the discharge of pollutants in stormwater from aircraft and runway (including taxiways and ramps) deicing and anti-icing operations. At a minimum, the permittee shall record: the type and amount of deicing/anti-icing products stored on-site, where those products are stored, and annual usage rates.

DEMLR may require airports that conduct aircraft and/or runway deicing/anti-icing operations (other than for emergency reasons) to apply for an individual permit if the usage is determined to be a common practice.

B-13. Aircraft, Ground Vehicle, and Equipment Cleaning

The permittee shall describe and implement BMPs that prevent or minimize contamination of stormwater runoff from areas used for cleaning operations.

At a minimum, the following practices shall be implemented:

(a) All cleaning operations shall be performed, where feasible, indoors where there is a connection to the sanitary sewer system or where wash water can be collected and properly treated, recycled, or otherwise disposed of.

(b) If a sanitary sewer connection is not available to the facility, and cleaning operations occur outdoors, the cleaning operations shall be performed on grassed or graveled areas to promote infiltration and prevent point source discharges of wash water into storm drains or surface waters.

(c) Where cleaning operations cannot be performed as described above and when operations are performed in the vicinity of a storm sewer drain, the drain shall be covered or sealed with a portable drain cover throughout the cleaning operations. Any excess standing water shall be removed, and properly handled, prior to removing the drain cover.

These requirements apply to facilities that house or operate emergency response vehicles within the permit boundary.

Except as provided above, the point source discharge of aircraft, ground vehicle, and equipment wash waters, including tank cleaning operations, are not authorized by this permit and must be covered under a separate NPDES permit or discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements.

B-14. Employee Training

Employee training shall be developed and provided on an annual basis for facility personnel responsible for operations that have the potential to contaminate stormwater runoff. The training shall be documented by the date, signature, and printed or typed name of each employee trained.

Signatures may be original or electronic.

The annual employee training shall include, at a minimum, the following topics:

(a) General stormwater awareness;

(b) The provisions of the current NCG150000 general permit;

(c) Spill response training;

(d) Used oil management;

(e) Spent solvent management;

(f) Secondary containment releases;

(g) Fueling procedures;

(h) Proper disposal of wastewaters;

(i) Disposal of spent abrasives;

(j) Sanding, painting, and blasting procedures; and

(k) Used battery management.

B-15. Representative Outfall Status

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 (ROS). If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls.

If DEMLR has granted ROS, documentation from DEMLR shall be part of the SWPPP. The permittee shall notify DEMLR of any site or activity modifications that result in a change to ROS.

The permittee must request reissuance of ROS by submitting a written request to DEMLR‘s Central Office within thirty (30) days prior to the expiration of this General Permit to maintain ROS.

B-16. Annual SWPPP Review and Update

All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee shall amend the SWPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters.

In addition, the SWPPP update shall include a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use DEMLR’s Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program’s website (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-gps).

B-17. Annual On-Line SWPPP Certification (Forthcoming)

After DEMLR’s ePermitting system develops the capability to receive this information, the permittee shall submit an on-line certification that the annual SWPPP review and update has been completed in a manner that meets the conditions of this permit.

B-18. Notice to Modify the SWPPP

The Director may notify the permittee when the SWPPP 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 SWPPP to meet minimum requirements. Upon completion of the modifications, the permittee shall provide certification in writing in accordance with H-1 and H-7 of this permit to the Director that the changes have been made.

B-19. SWPPP Documentation

Copies of the SWPPP shall be maintained on-site and be available electronically to DEMLR upon request. These records or copies shall be maintained for a period of at least five years. This period may be extended by request of the Director at any time [40 CFR 122.41].

https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-gps

PART C: OPERATIONAL REQUIREMENTS

Permitted operations shall be subject to the following operational requirements.

C-1. Operation and Maintenance of Treatment and Control Systems

The permittee shall at all times:

(a) 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 permit.

(b) Implement laboratory controls and quality assurance procedures for onsite laboratories and/or on-site testing.

(c) Operate 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 permit [40 CFR 122.41(e)].

C-2. SCM Clean-Out

SCMs must be cleaned out when sediment storage capacity equals or exceeds 50 percent of the design sediment volume or if visible sedimentation is leaving the property.

C-3. Residuals Management

The residuals generated from treatment facilities must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States.

C-4. Corrective Actions

The permittee shall take corrective actions if: self-inspections required by this permit identify a need for corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance conditions.

Corrective actions shall include, but not be limited to: maintenance, modifications, or additions to existing control measures, the construction of additional or replacement treatment or disposal facilities, or implementation of new BMPs. Corrective actions shall be completed as soon as possible considering adverse weather and site conditions.

C-5. Draw Down of Treatment Facilities for Essential Maintenance

The permittee may draw down stormwater treatment facilities if these conditions are met:

(a) Treatment facilities shall be drawn down in a manner to ensure benchmarks and/or limits are met;

(b) Analytical sampling data of the water stored in the treatment facility demonstrates that the discharge will not exceed benchmarks in this permit.

The sampling data shall be collected no more than 14 calendar days prior to the draw down; and

(c) The drawdown is for essential maintenance to assure efficient operation.

C-6. Bypasses of Stormwater Treatment Facilities

Bypass is prohibited, and DEMLR may take enforcement action against a permittee for bypass unless the permittee provides engineering evidence that all three of the following conditions are met:

(a) The 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 and identified the reason(s) for the bypass as required under C-8 below.

C-7. Upsets

Diversions of stormwater from treatment facilities may be considered as an upset, rather than a bypass, if the permittee can demonstrate to the Director that all of the following conditions have been met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

(a) The permittee demonstrates that the upset was not caused by operational error, improperly designed treatment or control facilities, lack of preventive maintenance, or careless or improper operation.

(b) The permittee agrees to take remedial measures if necessary.

(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as required under Item C-8 below.

C-8. Required Notice for Bypass or Upset

After a permittee becomes aware of an occurrence that must be reported, the permittee shall contact the appropriate DEMLR regional office within the timeframes and in accordance with the requirements listed in Table 1 below. Occurrences outside normal business hours may also be reported to the Department’s Environmental Emergency Hotline at (800) 858-0368.

Table 1: Bypass and Upset Reporting Requirements

Event [40 CFR 122.41(m)(3)]

Reporting Requirements

Anticipated Bypass

Written report at least ten days prior to the anticipated bypass.

The written report shall include an evaluation of the anticipated quantity, quality, and effect of the bypass.

Unanticipated Bypass or Upset

Oral or electronic notification within 24 hours of the event, and

Written report within 7 calendar days of the event. The written report shall include an evaluation of the quantity, quality, and effect of the bypass.

PART D: QUALITATIVE MONITORING OF STORMWATER DISCHARGES

The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the effectiveness of the permittee’s SWPPP, to identify the potential for new sources of stormwater pollution, and to prompt the permittee’s response to pollution.

D-1. Visual Inspections

(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that discharges stormwater associated with industrial activity unless representative outfall status specifically for visual monitoring has been approved in writing by DEMLR.

(b) Visual inspections shall be performed concurrent with required analytical monitoring.

(c) Visual inspections are not required to be performed outside of the facility’s normal operating hours.

(d) Visual inspections shall be recorded on DEMLR’s Stormwater Discharge Outfall Qualitative Monitoring Report (QMR) form and shall include observations of:

i. Color

ii. Odor

iii. Clarity

iv. Floating Solids

v. Suspended Solids

vi. Foam

vii. Oil Sheen

viii. Deposition at or immediately below the outfall

ix. Erosion at or immediately below the outfall, and

x. Other obvious indicators of stormwater pollution.

(e) Inability to perform inspections because of adverse weather or lack of discharge during the monitoring period shall not constitute a failure to monitor if the event is documented in the SWPPP and recorded on the Qualitative Monitoring Report.

D-2. Qualitative Monitoring Response

(a) If the permittee’s qualitative monitoring indicates that the SWPPP and/or existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, then the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those feasible corrective actions within sixty (60) days.

(b) A written record of the permittee’s investigation, evaluation, and response actions shall be kept in the SWPPP.

PART E: ANALYTICAL MONITORING OF STORMWATER DISCHARGES

This part applies to industrial stormwater discharges from covered activities.

E-1. Required Baseline Sampling

The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or authorized representative discharge outfalls in accordance with this part.

(a) Grab samples shall be collected, analyzed, and reported for the parameters listed in Table 2.

(b) Grab samples shall be analyzed for pH and conductivity within 15 minutes of collection.

(c) The total rainfall amount for each sampling event shall be recorded in inches. Total rainfall shall be determined from an on-site rain gauge or a regional rain gauge located within one

(1) mile of the facility.

(d) Samples shall be collected from four separate monitoring periods per year unless the facility is in Tier Two or Tier Three status. A minimum of thirty (30) days must separate any two sampling events during the following periods:

i. January 1 – March 31

ii. April 1 – June 30

iii. July 1 – September 30.

iv. October 1 – December 31

(e) If the facility was in Tier Two or Tier Three status under the previous permit, the facility shall continue monthly monitoring and reporting requirements until relieved by the provisions of this permit or DEMLR.

E-2. Baseline Sampling Benchmarks

(a) Analytic results for each parameter shall be compared to the benchmark values for the appropriate receiving stream classification as provided in Table 2. An exceedance of a benchmark value is not a permit violation; however, failure to respond in accordance with E-2(b) below is a permit violation.

(b) An exceedance of any benchmark value shall require a tiered response for that outfall. A single exceedance of a benchmark value shall require a Tier One response for that outfall.

Two benchmark value exceedances in a row shall require a Tier Two response for that outfall. Four benchmark exceedances for a parameter within the permit term shall require a Tier Three response for that outfall.

(c) Baseline sampling benchmarks shall be in accordance with Table 2 below.

Table 2: Summary of Quarterly Baseline Sampling Requirements

Parameter Code

Parameter Receiving Stream

Classifications Units Benchmark

CO530

Total Suspended Solids

(TSS)

All, except … mg/L 100

HQW, ORW, Tr, PNA mg/L 50

00400 pH1 Freshwater Standard 6.0-9.0

Saltwater Standard 6.8-8.5

Parameter Code

Parameter Receiving Stream

Classifications Units Benchmark

00094 Conductivity1 − µohms/cm −

00340 Chemical Oxygen Demand

(COD)

All mg/L 120

00552

Non-Polar Oil & Grease per EPA Method 1664 SGT-

HEM

All mg/L 15

46529 Total Rainfall of Sampled Event

− Inches −

1 Grab samples shall be analyzed within 15 minutes of collection.

E-3. Methodology for Collecting Samples

(a) Outfall monitoring efforts shall begin with the first measurable storm event in the monitoring period that meets all the following conditions:

i. Occurs at least 72 hours after the previous measurable storm event unless E-3(b) applies,

ii. Occurs during the facility’s normal operating hours,

iii. Does not coincide with adverse weather conditions, and

iv. Is characteristic of the volume and nature of the permitted discharge.

(b) The 72-hour storm interval may not apply if:

i. The permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and

ii. The permittee obtains approval from DEMLR’s Regional Office.

iii. After authorization by DEMLR’s Regional Office, a written approval letter must be kept on-site in the permittee’s SWPPP.

(c) Grab samples shall be collected within the first 30 minutes of discharge from an outfall and continue until all outfalls that are discharging have been sampled.

(d) Outfalls that are not sampled during the first measurable storm event in the monitoring period shall be sampled during the next measurable storm event in the monitoring period until a sample has been collected.

(e) If, during the entire monitoring period, there is no discharge from an outfall during any measurable storm event then the permittee shall:

i. Report “No Discharge” in the DMR,

ii. Note “No Discharge” in the SWPPP, and

iii. Submit the DMR within 30 days after the end of the monitoring period.

(f) Lack of a discharge from an outfall for the monitoring period shall not constitute failure to monitor as long as the above permit conditions are met.

(g) If the sampled storm event coincides with a known non-stormwater discharge that is deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.

E-4. Locations for Collecting Samples

Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge stormwater associated with industrial activity. If DEMLR has issued a representative outfall status approval letter, then the permittee shall collect samples from all SDOs in accordance with the ROS approval letter.

(a) All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.

(b) Monitoring points as specified in this General Permit shall not be changed without written notification to and approval by DEMLR [40 CFR 122.41(j)].

E-5. Tier One Response: Single Benchmark Exceedance

The facility will remain in Tier One status until three consecutive samples are under the benchmark or are inside the benchmark range for all parameters.

(a) If any sampling result is above the benchmark value or outside the benchmark range for any parameter at any outfall, then the permittee shall respond in accordance with Table 3 to identify and address the source of that exceedance for that parameter.

(b) Each required response shall be documented in the SWPPP as each action occurs including;

the date and value of the benchmark exceedance, the date DEMLR’s Regional Office was notified of the exceedance, the inspection date, the personnel conducting the inspection, the selected feasible actions, and the date the selected feasible actions were completed.

(c) Each exceedance of a benchmark parameter or hit outside benchmark range shall individually require a Tier One response.

(d) The Tier One response shall be in accordance with Table 3 below.

Table 3: Tier One Response for a Benchmark Exceedance

Timeline From Receipt of Sampling

Results Tier One Required Response/Action

Continuously i. Document the exceedance and each required response/action in the SWPPP in accordance with E-5(b) above.

Within two weeks ii. Notify DEMLR’s Regional Office of the exceedance date and value via email or, when it is developed, an electronic form created by DEMLR for reporting exceedances.

iii. Conduct a stormwater management inspection.

iv. Identify and evaluate possible causes of the benchmark exceedance.

Within one month v. Select specific, feasible courses of action to reduce concentrations of the parameter(s) of concern including, but not limited to, source controls, operational controls, or physical improvements.

Within two months vi. Implement the selected feasible actions.

E-6. Tier Two Response: Two Consecutive Benchmark Exceedances

The facility will remain in Tier Two status until three consecutive samples are under the benchmark or are inside the benchmark range for all parameters.

(a) If any two consecutive sampling results for the same parameter are above the benchmark value or outside the benchmark range at an outfall, then the permittee shall respond in accordance with Table 4 to identify and address the source of exceedances for that parameter.

(b) After implementing the specific feasible courses of action, perform monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples for all parameters until three samples in a row are below the benchmark value or are inside the benchmark range.

(c) Each required response shall be documented in the SWPPP as each action occurs including;

the dates and values of the benchmark exceedances, the date DEMLR’s Regional Office was notified of the consecutive exceedances, the inspection date, the personnel conducting the inspection, the selected feasible actions, the date the selected feasible actions were completed, and the monthly monitoring results.

(d) Each pair of two consecutive exceedances of a single benchmark parameter at a single outfall shall constitute an event that requires a Tier Two response.

(e) The Tier Two response shall be in accordance with Table 4 below.

(f) Alternatively, in lieu of the Tier Two response, the permittee may, after two consecutive exceedances, implement a Tier Three response.

Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances

Receipt of Sampling

Results Tier Two Required Response/Action

Continuously i. Document the exceedance and each required response/action in the SWPPP in accordance with E-6(c) above.

Within two weeks ii. Notify DEMLR’s Regional Office in writing of the exceedance date and value.

iii. Conduct a stormwater management inspection.

iv. Identify and evaluate possible causes of the benchmark exceedance.

Within one month v. Select specific, feasible courses of action to reduce concentrations of the parameter(s) of concern including, but not limited to, source controls, operational controls, or physical improvements.

Within two months vi. Implement the selected feasible actions.

vii. Implement monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples for all parameters until three samples in a row are below the benchmark value.

E-7. Tier Three Response: Four Benchmark Exceedances Within the Permit Term

The facility will remain in Tier Three status until three consecutive samples are under the benchmark or are inside the benchmark range for all parameters.

(a) If any four sampling results within the permit term for any single parameter are above the benchmark value or outside the benchmark range at a sampled outfall, then the permittee shall respond in accordance with Table 5 to identify and address the source of exceedances for that parameter at that outfall.

(b) The permittee shall prepare a written Action Plan and submit to DEMLR’s Regional Office for review and approval within thirty (30) days of receipt of the fourth analytic monitoring data point that exceeds the benchmark value. At a minimum, the Action Plan shall include:

i. documentation of the four benchmark exceedances,

ii. an inspection report that covers the industrial activities within the drainage area of the outfall with the exceedances (including the date of the inspection and the personnel conducting the inspection),

iii. an evaluation of standard operating procedures and good housekeeping procedures,

iv. identification of the source(s) of exceedances,

v. specific actions that will be taken to remedy the identified source(s) with a schedule for completing those actions, and

vi. a monitoring plan to verify that the Action Plan has addressed the source(s).

(c) The permittee shall keep the Action Plan in the SWPPP and document when each specific action was carried out and by whom.

(d) The permittee shall contact DEMLR’s Regional Office when all actions in the Action Plan are completed.

(e) The Tier Three response shall be in accordance with Table 5 below.

Table 5: Tier Three Response for Four Benchmark Exceedances Within the Permit Term

Receipt of Fourth Sampling Result

Tier Three Required Response/Action

Continuously i. Document the exceedances and each required response/action in the SWPPP in accordance with E-7(c) above.

ii. Implement or continue monthly monitoring for all parameters at the subject outfall and continue until three samples in a row are below the benchmark value.

Within two weeks iii. Notify DEMLR’s Regional Office in writing of the affected outfall, four exceedance dates and values.

iv. Conduct a stormwater management inspection.

v. Identify and evaluate possible causes of the benchmark exceedance.

Within one month vi. Prepare an Action Plan that should include specific, feasible courses of action to reduce concentrations of the parameter(s) of concern including, but not limited to, source controls, operational controls, or physical improvements and submit to DEMLR’s Regional Office for review and approval.

Upon DEQ Approval vii. Implement the approved Action Plan.

Upon Completion of Approved Action Plan viii. Notify DEMLR’s Regional Office of Action Plan completion.

PART F: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)

F-1. Deadlines for Submittal of Discharge Monitoring Reports

For COCs issued between March 1-31, June 1-30, September 1-30, or Dec 1-31, sampling shall not commence until the next sampling period following initial issuance of the COC.

F-2. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)

Prior to eDMR, samples analyzed in accordance with the terms of this General Permit shall be reported as follows:

(a) Sample results shall be recorded on Discharge Monitoring Report (DMR) forms provided by DEMLR. DMR forms are available on DEMLR’s website https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-stormwater.)

(b) DMRs shall be signed and certified by a person meeting the Signatory requirements in H-1.

(c) Original, signed DMR forms shall be scanned and uploaded to the electronic DMR submittal form, which can be found by typing “deq.nc.gov/SW-Industrial” into a browser window and hitting “enter.”

(d) Then, the original signed DMR forms shall be mailed or otherwise delivered to the appropriate Regional Office, which is indicated at: https://deq.nc.gov/contact/regional-offices/.

F-3. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)

Permittees shall be notified by DEMLR when it is time to register and begin reporting in eDMR.

Information about eDMR can be found by typing “https://deq.nc.gov/deq.nc.gov/sw-edmr” into a browser window and hitting “enter.”

F-4. Results Below Detection Limits

When results are below detection limit, they shall be reported in the format, “<XX mg/L,” where XX is the numerical value of the detection limit.

F-5. Occurrences of No Discharge

If no discharge occurs during the sampling period, the permittee must record within 30 days of the end of the sampling period in the facility’s monitoring records. “No Flow” or “No Discharge” shall be reported on the Discharge Monitoring Report (DMR).

F-6. Reports if More Frequent Monitoring Has Occurred

If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit, the results of such monitoring shall be included in the data submitted on the DMR.

Analytical results within the monitoring period shall be submitted no later than 30 days from the date the facility receives all the sampling results. For purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results. The permittee is encouraged to take more samples than required during a monitoring period to help identify potential causes of exceedances. When taking additional samples, the permittee may not use the additional sample with lowest results for compliance purposes to avoid taking actions to identify causes of parameter exceedances. Additional sampling is only for informational purposes.

https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-stormwater https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-stormwater https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-stormwater https://deq.nc.gov/contact/regional-offices/ https://deq.nc.gov/contact/regional-offices/ https://deq.nc.gov/deq.nc.gov/sw-edmr

F-7. Report if Begin Discharging to a Waterbody Not Listed on the COC

The permittee shall request a modification to the COC from DEMLR prior to discharging from a new SDO to a waterbody that is not listed on the most current COC.

F-8. Qualitative Monitoring Reports

The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by DEMLR and shall retain the completed forms on site.

Qualitative monitoring results shall not be submitted to DEMLR, except upon DEMLR’s specific requirement to do so.