Atachment_IV_-NPDES_Permit.pdf

National Pollutant Discharge Elimination System Permit for Discharge to Surface Waters

NPDES GENERAL PERMIT

FOR

DISCHARGES FROM

BULK PETROLEUM STORAGE FACILITIES

This permit authorizes the discharge of facility wastewater and contaminated stormwater from bulk petroleum storage facilities to waters of the State of South Carolina in accordance with effluent limitations, monitoring requirements, and other conditions set forth herein. This permit is issued in accordance with the provisions of the Pollution Control Act of South Carolina (S.C. Code Sections 48-1-10 et seq., 1976), Regulation 61-9 and with the provisions of the Federal Clean Water Act (PL 92-500), as amended, 33 U.S.C. 1251 et seq., the "Act."

Jeffrey P. deBessonet, P.E., Director Water Facilities Permitting Division

Issue Date: July 1, 2009 Expiration Date: July 31, 2014

Effective Date: August 1, 2009 Permit No.: SCG340000

Table of Contents

PART I. Definitions PART II. Permit Coverage

A. Permit Area B. Eligibility C. Authorization

PART III. Notice of Intent Requirements A. Notice of Intent (NOI) Submittal B. Individual Applications C. Changes to the NOI

PART IV. Standard Conditions A. Duty to comply B. Duty to reapply C. Need to halt or reduce activity not a defense D. Duty to mitigate E. Proper operation and maintenance F. Permit actions G. Property rights H. Duty to provide information I. Inspection and entry J. Monitoring and records K. Signatory requirements L. Reporting requirements M. Bypass N. Upset O. Misrepresentation of Information

PART V. Termination Of Coverage A. Notice of Termination B. Where to Submit NOT

PART VI. Schedules of Compliance PART VII. Effluent Limitations And Monitoring Requirements

A. Effluent Limitations And Monitoring Requirements B. Effluent Toxicity Limitations And Monitoring Requirements

PART VIII. Storm Water Pollution Prevention Requirements Part IX. Other Requirements

Part I Permit No. SCG340000

PART I. Definitions

Any term not defined in this Part has the definition stated in the Pollution Control Act or in “Water Pollution Control Permits”, R.61-9 or its normal meaning.

A. “7Q10” means the minimum seven-day average flow rate that occurs with an average frequency of once in ten years as published or verified by the U.S.Geological Survey (USGS) or an estimate extrapolated from published or verified USGS data.

B. “10-year, 24-hour precipitation event” means the maximum 24-hour precipitation event with a probable recurrence interval of once in 10 years.

C. The “Act”, or CWA, shall refer to the Clean Water Act (Formerly referred to as the Federal Water

Pollution Control Act) Public Law 92-500, as amended.

D. The “average” or “arithmetic mean” of any set of values is the summation of the individual values divided by the number of individual values.

E. “Basin” (or Lagoon or Pond) means any in-ground or earthen structure designed to receive, treat, store, temporarily retain and/or allow for the infiltration/evaporation of wastewater.

F. “Bulk Petroleum Storage Facilities” mean establishments primarily engaged in the cooperative or wholesale distribution of refined petroleum products or petroleum fuels.

G. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

H. “Daily discharge” means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

I. “Daily maximum” is the highest average value recorded of samples collected on any single day during the calendar month.

J. “Daily minimum” is the lowest average value recorded of samples collected on any single day during the calendar month.

K. The “Department” or “DHEC” shall refer to the South Carolina Department of Health and

Environmental Control.

L. “External washwater” means washwater from washing of all surfaces other than the inside of trailers, tankers and the flat beds of trucks where goods are transported or the inside of engine compartments.

M. “Freshwater” means any freshwater as defined by Regulation 61-68 and classified by Regulation 61-

69.

N. A “grab sample” is an individual, discrete or single influent or effluent portion of at least 100 milliliters collected at a time representative of the discharge and over a period not exceeding 15 minutes and retained separately for analysis.

O. “Hydrostatic Test Water” means water used for the temporary testing of pipelines or tanks for leakage and/or structural integrity.

P. “Instantaneous maximum or minimum” means the highest or lowest value recorded of any sample collected during the calendar month.

Q. “Leaded Gasoline” refers to all leaded gasolines.

R. “Light Distillate Oils” are Fuel oils #1, #2, diesel oils #1-D, #2-D, kerosene, Jet A and jet propellants

(JP) #4, #7, and #8.

S. “MGD” means million gallons per day.

T. “Monthly average” means the arithmetic mean of all samples collected in a calendar month period.

U. “NOI” means notice of intent to be covered by this permit (see Part III of this permit).

V. “NOT” means notice of termination (see Part V of this permit).

W. “Outfall” or “Point Source” means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

X. The “PCA” shall refer to the Pollution Control Act (Chapter 1, Title 48, Code of Laws of South

Carolina).

Y. “Petroleum solvents” are petroleum spirits, mineral spirits, VM and P naphthas and Stoddard solvent.

Z. “Potential for contact with storm water” means that there is some likelihood that storm water will be exposed to the products handled or stored on-site through normal facility operations including the use of pumps, valves, and other equipment used to transfer products/materials on-site.

AA. The “practical quantitation limit” (PQL) is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. It is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specific sample weights, volumes, and processing steps have been followed. It is also referred to as the reporting limit.

BB. “Quarter” is defined as the first three calendar months beginning with the month that this permit becomes effective and each group of three calendar months thereafter.

CC. “Residual fuel oils” are residual fuel oils #4, #5 and #6 (Bunker C), lubricating oils, and hydraulic fluids.

DD. “Saltwater” means Class SA and SB as classified by R.61-69 or as defined as tidal saltwaters in

R.61-68.

EE. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

FF. “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 the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.

GG. “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 (see 40 CFR 110.10 and 40 CFR 117.21) or section 102 of CERCLA (see 40 CFR 302.4).

HH. “Sludge” means industrial sludge. Industrial sludge is a solid, semi-solid, or liquid residue generated during the treatment of industrial wastewater in a treatment works. Industrial sludge includes, but is not limited to, industrial septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from industrial sludge. Industrial sludge does not include ash generated during the firing of industrial sludge in an industrial sludge incinerator or grit and screenings generated during preliminary treatment of industrial wastewater in a treatment works. Industrial sludge by definition does not include sludge covered under 40 CFR Part 503 or R.61-9.503. Tank bottoms are not industrial sludge per this definition.

II. “Storm Water” means storm water runoff, snowmelt runoff, and surface runoff and drainage.

JJ. “Tank Bottom Water” means free water that has settled to the bottom of a storage tank; may also be referred to as “Drawoff Water”.

KK. “Tank Truck” means a motor driven vehicle with a completely enclosed storage vessel used to transport liquid, solid or gaseous materials over roads and highways. The storage vessel or tank may be detachable, as with tank trailers, or permanently attached. The commodities or cargos transported come in direct contact with the tank interior. A tank truck may have one or more storage compartments. There are no maximum or minimum vessel or tank volumes. Tank trucks are also commonly referred to as cargo tanks or tankers.

LL. “TRC” means Total Residual Chlorine.

MM. “Unleaded Gasoline” means aviation gasoline, regular, mid-grade and premium unleaded fuels or any fuels containing MTBE.

NN. “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 facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

OO. “Utility Water” is defined as

1. “Once-through non-contact cooling water “ is water that has a single pass through cooling coil(s) or jacket(s) that is used to reduce temperature and does not come in direct contact with any raw material, intermediate product, a waste product or a finished product.

2. “Recirculated non-contact cooling water” is water that makes multiple passes through cooling coil(s) or jacket(s) that is used to reduce temperature and does not come in direct contact with any raw material, intermediate product, a waste product or a finished product. The water being discharged is “blowdown” or removal of some of the recirculated water that has accumulated impurities that make it unsuitable for continued use in the cooling system.

3. “Boiler blowdown” is water discharged from a power or steam boiler for the purpose of reducing the dissolved solids concentration.

4. “Steam condensate” is water condensed from steam used for heating or other power-production purposes and having had no contact with any process materials.

PP. “Wastewater” means industrial wastewater. Industrial wastewater is wastewater generated from a federal facility, commercial or industrial process, including waste and wastewater from humans when generated at an industrial facility.

PART II. Permit Coverage

A. Permit Area

The permit covers all areas of South Carolina.

B. Eligibility

1. This permit may cover all new and existing point source discharges to surface waters of South

Carolina, as identified in this section below, except for discharges identified under Part II.B.3.

Part II

a. Types of discharge permitted: This permit authorizes the following types of bulk petroleum storage discharge:

(1) Facility wastewater: any liquids that are accidentally released from storage, transfer or loading facilities, any liquids that are accidentally released from equipment cleaning or vehicle maintenance, wastewater from external washing of tank trucks, wastewater from wash pads (including washdown water from unloading and loading facilities (racks)), groundwater infiltration, and utility water.

(2) Storm water: storm water that can potentially come into contact with any raw material;

petroleum products (intermediate product, finished product, by-product, or co-product);

waste material; gasoline additives or petroleum fuels.

b. This permit may authorize bulk petroleum storage facility discharges that are mixed with other discharges provided the other discharges are in compliance with the terms and conditions, including NOI or application requirements, of a different NPDES general permit or individual permit authorizing such discharges.

2. Limitations on Coverage. This permit does not authorize the following discharges:

a. Tank bottom water.

b. Wastewater from washing inside of tank trucks, trailers, tankers and/or the flat beds of trucks where goods are transported or the inside of engine compartments.

c. Treated groundwater associated with groundwater remediation.

d. Domestic sewage.

e. Bulk petroleum storage facility discharges that are located at a facility where an NPDES permit has been denied or which are issued an individual or an alternative general permit. Such discharges may be authorized under this permit after an existing permit expires or is canceled.

f. Bulk petroleum storage facility discharges that the Department has determined to be or may reasonably be expected to be contributing to a violation of a water quality standard.

g. Bulk petroleum storage facility discharges that would adversely affect a listed endangered or threatened species or its critical habitat.

h. This permit does not authorize bulk petroleum storage facility discharges to Trout Waters

(Class TN, TPT or TPGT), Outstanding Resource Waters (ORW), Outstanding National Resource Waters (ONRW), or Shellfish Harvesting Waters (SFH) as classified by SC Regulation 61-69.

C. Authorization

1. New Bulk Petroleum Storage Facilities

a. A new Bulk Petroleum Storage Facility discharger must, except as provided in 1.b below, submit a complete Bulk Petroleum Storage Facility General Permit Notice of Intent (NOI) (DHEC 2624) in accordance with the requirements of Part III of this permit at least 60 days prior to the commencement of the industrial activity at the facility. A new Bulk Petroleum Storage Facility discharger is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage.

b. The Department may determine that an individual permit application for a proposed Bulk

Petroleum Storage Facility discharge qualifies for coverage under this permit. Discharges for which individual permit applications for Bulk Petroleum Storage Facility discharge have been submitted are authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions.

c. A new Bulk Petroleum Storage Facility discharger is required to meet all final effluent limits in Part VII of this permit upon commencement of operation.

2. Existing Bulk Petroleum Storage Facilities

a. Any existing Bulk Petroleum Storage Facility discharger not previously covered by the General Permit who has submitted a timely, complete NPDES application for an existing individual permit which the Department determines qualifies for general permit coverage is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions. Until coverage and limitations are determined, the limitations from the previous permit for the covered outfall(s) remain in effect.

b. Any existing Bulk Petroleum Storage Facility discharger previously covered by the General

Permit who has submitted a timely, complete Notice of Intent (NOI), in accordance with Part III, for coverage under the General Permit is authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage. The Department may require additional information from the permit applicant to determine appropriate permit conditions.

3. A Bulk Petroleum Storage Facility discharger is not precluded from submitting an NOI in accordance with the requirements of this part after the effective date of this permit. In such instances, the Department may bring an enforcement action for failure to submit an NOI in a timely manner or for any unauthorized discharges that have occurred.

4. The Department may deny coverage under this permit and require submittal of an application for an individual NPDES permit based on a review of the NOI or other information.

PART III. Notice of Intent Requirements

A. Notice of Intent (NOI) Submittal

The NOI Submittal shall include the following information:

1. The completed NOI Form (DHEC 2624). Forms are available by calling (803) 898-4232 or by visiting the Department’s website at www.scdhec.net/water, and

2. A transmittal letter requesting coverage under this general permit.

B. Individual Applications

Any applicant that has previously filed an individual application and has not received an NPDES permit can receive coverage under this general permit. To request general permit coverage, a letter may be sent to the Department requesting coverage in lieu of an individual permit. The Department may notify the applicant of any information needed to complete an NOI for the facility’s discharge(s).

C. Changes to the NOI

For changes such as name and address changes or changes in discharges, the permittee shall submit a revised NOI form as soon as possible to the Department at the address on the NOI form.

PART IV. Standard Conditions

A. Duty to comply

The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the Clean Water Act and the Pollution Control Act and is grounds for enforcement action;

for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The Department’s approval of wastewater facility plans and specifications does not relieve the permittee of responsibility to meet permit limits.

1. The permittee shall comply with effluent standards or prohibitions established under section

307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement.

2. Failure to comply with permit conditions or the provisions of this permit may subject the permittee to civil penalties under S.C. Code Section 48-1-330 or criminal sanctions under S.C. Code Section

Part IV

48-1-320. Sanctions for violations of the Federal Clean Water Act may be imposed in accordance with the provisions of 40 CFR Part 122.41(a)(2) and (3).

3. A person who violates any provision of this permit, a term, condition or schedule of compliance contained within this NPDES permit, or the State law is subject to the actions defined in the State law.

B. Duty to reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. A permittee with a currently effective permit shall submit a new NOI or permit application 180 days before the existing permit expires, unless permission for a later date has been granted by the Department.

C. Need to halt or reduce activity 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 conditions of this permit.

D. Duty to mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

E. Proper operation and maintenance

1. The permittee shall at all times properly operate and maintain in good working order and operate as efficiently as possible all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance includes effective performance based on design facility removals, adequate funding, adequate operator staffing and training and 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 permit.

2. Power Failures. In order to maintain compliance with effluent limitations and prohibitions of this permit, the permittee shall either:

a. provide an alternative power source sufficient to operate the wastewater control facilities;

b. or have a plan of operation which will halt, reduce, or otherwise control production and/or all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater control facilities.

3. The permittee shall develop and maintain at the facility a complete Operations and Maintenance

Manual for all waste treatment facilities. The manual shall be made available for on-site review during normal working hours. The manual shall contain operation and maintenance instructions for all equipment and appurtenances associated with the waste treatment facilities. The manual shall contain a general description of the treatment process(es), the operational procedures to meet the requirements of E.1 above, and the corrective action to be taken should operating difficulties be encountered.

4. Facilities with oil/water separators, pH adjustment systems, carbon absorption units, and/or settling (retention and detention) ponds shall provide for the performance of weekly treatment facility inspections by a certified Grade D-P/C operator. If the discharge is less frequent than weekly, the inspection of the wastewater treatment system may be performed based on the frequency of discharge, but in no case less than monthly. The inspections shall include, but should not necessarily be limited to, areas which require visual observation to determine efficient operation and for which immediate corrective measures can be taken using the O & M manual as a guide.

All inspections shall be recorded and shall include the date, time, and name of the person making the inspection, corrective measures taken, and routine equipment maintenance, repair, or replacement performed and information to document that the inspection frequency requirement has been met. The permittee shall maintain all records of inspections at the permitted facility as required by the permit, and the records shall be made available for on-site review during normal working hours.

5. The name and grade of the operator of record shall be submitted to the Department prior to placing a new treatment system into operation. A roster of operators associated with the facility's operation and their certification grades shall also be submitted with the name of the “operator-in-charge.” Any changes in operator or operators shall be submitted to the Department as they occur.

This information shall be submitted to

S.C. Department of Health and Environmental Control Bureau of Water/Water Pollution Control Division 2600 Bull Street Columbia, South Carolina 29201

F. Permit actions

This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

G. Property rights

This permit does not convey any property rights of any sort, or any exclusive privilege nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

H. Duty to provide information

The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit.

I. Inspection and entry

The permittee shall allow the Department, or an authorized representative (including an authorized contractor acting as a representative of the Department), upon presentation of credentials and other documents as may be required by law, to:

1. 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 permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and Pollution Control Act, any substances or parameters at any location.

J. Monitoring and records

1. a. (1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(2) Samples shall be reasonably distributed in time, while maintaining representative sampling.

(3) No analysis, which is otherwise valid, shall be terminated for the purpose of preventing the analysis from showing a permit or water quality violation.

b. Flow Measurements.

(1) Where primary flow meters are required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be present and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. The primary flow device, where required, must be accessible to the use of a continuous flow recorder.

(2) Where permits require an estimate of flow, the permittee shall maintain at the permitted facility a record of the method(s) used in estimating the discharge flow (e.g., pump curves, production charts, water use records) for the outfall(s) designated on limits pages to monitor flow by an estimate.

(3) Records of any necessary calibrations must be kept.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by R.61-9.503 or R.61-9.504), 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 permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Department at any time.

3. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

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.

4. a. Analyses for required monitoring must be conducted according to test procedures approved under 40 CFR Part 136, equivalent test procedures approved by the Department or other test procedures that have been specified in the permit.

In the case of sludge use or disposal, analysis for required monitoring must be conducted according to test procedures approved under 40 CFR Part 136, test procedures specified in R.61-9.503 or R.61-9.504, equivalent test procedures approved by the Department or other test procedures that have been specified in the permit.

b. Unless addressed elsewhere in this permit, the permittee shall use a sufficiently sensitive analytical method that achieves a value below the derived permit limit stated in Part III. If more than one method of analysis is approved for use, the Department recommends for reasonable potential determinations that the permittee use the method having the lowest practical quantitation limit (PQL) unless otherwise specified in Part V of the permit. For the purposes of reporting analytical data on the Discharge Monitoring Report (DMR):

(1) Analytical results below the PQL conducted using a method in accordance with Part

II.J.4.a above shall be reported as zero (0). Zero (0) shall also be used to average results which are below the PQL. When zero (0) is reported or used to average results, the permittee shall report, in the “Comment Section” or in an attachment to the DMR, the analytical method used, the PQL achieved, and the number of times results below the PQL were reported as zero (0).

(2) Analytical results above the PQL conducted using a method in accordance with Part

II.J.4.a shall be reported as the value achieved. When averaging results using a value containing a “less than,” the average shall be calculated using the value and reported as “less than” the average of all results collected.

5. The PCA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment provided by the Clean Water Act is also by imprisonment of not more than 4 years.

K. Signatory requirements

1. All NOIs, applications, reports, or information submitted to the Department shall be signed and certified.

a. NOIs and Applications. All NOIs and permit applications shall be signed as follows:

(1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or

(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where 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 or public facility: By either a principal executive officer, mayor, or other duly authorized employee or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:

(a) The chief executive officer of the agency, or

(b) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator, Region 4, EPA).

b. All reports required by permits, and other information requested by the Department, shall be signed by a person described in Part IV.K.1.a of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(1) The authorization is made in writing by a person described in Part IV.K.1.a of this section;

(2) The authorization specifies 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 a well field, superintendent, 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 Department.

c. Changes to authorization. If an authorization under Part IV.K.1.b of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part IV.K.1.b of this section must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

d. Certification. Any person signing a document under Part IV.K.1.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 fine and imprisonment for knowing violations.”

2. The PCA 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 permit, including monitoring reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both.

L. Reporting requirements

1. Planned changes.

The permittee shall give written notice to DHEC/Bureau of Water/Water Facilities Permitting

Division 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 R 61-9.122.29(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 permit, nor to notification requirements under Part IV.L.8 of this section.

c. The alteration or addition results in a significant change in the permittee's sewage sludge or industrial sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan (included in the NPDES permit directly or by reference);

2. Anticipated noncompliance.

The permittee shall give advance notice to the DHEC/Bureau of Water/Water Pollution Control

Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

3. Transfers.

a. Coverage under this general permit may be transferred to another party under the following conditions:

(1) The permittee notifies the Department of the proposed transfer at least thirty (30) days in advance of the proposed transfer date;

(2) A written agreement is submitted to the Department between the existing and new permittee containing a specific date for the transfer of permit responsibility, coverage, and liability for violations up to that date and thereafter Such agreement must be signed in accordance with Part IV.K.1(a) of this permit; and

(3) The new owner files an NOI with the Department prior to beginning to discharge.

b. Transfers are not effective if, within thirty (30) days of receipt of the proposal, the Department disagrees and notifies the current permittee and the new permittee of the intent to modify, revoke and reissue, or terminate the permit coverage and to require that a new NOI or application be filed.

4. Monitoring reports.

a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Department for reporting results of monitoring obtained during each reporting period. DMRs shall be submitted once per quarter on the 28th day of the month following the end of the monitoring period. One original and one copy of the Discharge Monitoring Reports (DMRs) shall be submitted to:

S.C. Department of Health and Environmental Control Bureau of Water/Water Pollution Control Division Data Administration Section 2600 Bull Street Columbia, South Carolina 29201

b. If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in R.61-9.503 or R.61-9.504, or as specified in the permit, all valid results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department. The permittee has sole responsibility for scheduling analyses, other than for the sample date specified in Part V, so as to ensure there is sufficient opportunity to complete and report the required number of valid results for each monitoring period.

c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Department in the permit.

5. Twenty-four hour reporting

a. The permittee shall report any non-compliance, which may endanger health or the environment. Any information shall be provided orally to local DHEC office within 24 hours from the time the permittee becomes aware of the circumstances. During normal working hours call:

b.

County EQC Region Address Phone No.

Anderson, Oconee Region 1- Anderson EQC Office

2514 Belton Hwy Anderson, SC 29621

864-260-5569

Abbeville, Edgefield, Greenwood, Laurens, Region 1 – Greenwood EQC Office

613 South Main Street Greenwood, SC 29646-3245

864-223-0333

McCormick, Saluda

Greenville, Pickens Region 2 – Greenville EQC Office

301 University Ridge Suite 5800 Greenville, SC 29601-4703

864-241-1090

Cherokee, Spartanburg, Union

Region 2 – Spartanburg EQC Office

900 South Pine Street, Suite 2A Spartanburg, SC 29302

864-596-3800

Fairfield, Lexington, Newberry, Richland

Region 3 –Columbia EQC Office

Bldg #5 / P.O. Box 156 State Park, SC 29147-0156

803-896-0620

Chester, Lancaster, York Region 3 – Lancaster EQC Office

2475 DHEC Road Lancaster, SC 29720-2901

803-285-7461

Chesterfield, Darlington, Dillon, Florence, Marion, Marlboro

Region 4 – Florence EQC Office

145 E. Cheves Street Florence, SC 29506-2526

843-661-4825

Clarendon, Kershaw, Lee, Sumter

Region 4 – Sumter EQC Office

105 Magnolia Street (office) P.O. Box 1628 (mailing) Sumter, SC 29151-1628

803-778-6548

Aiken, Allendale, Bamberg, Barnwell, Calhoun, Orangeburg

Region 5 – Aiken EQC Office

206 Beaufort Street, NE Aiken, SC 29801-4476

803-641-7670

Georgetown, Horry, Williamsburg

Region 6 – Myrtle Beach EQC Office

927 Shine Avenue Myrtle Beach, SC 29577

843-238-4378

Berkeley, Charleston, Dorchester

Region 7 – Charleston EQC Office

1362 McMillan Avenue Suite 300 Charleston, SC 29405-2048

843-953-0150

Beaufort, Colleton, Hampton, Jasper

Region 8 – Beaufort EQC Office

104 Parker Drive Burton, SC 29906-8315

843-846-1030

*After-hour reporting should be made to the 24-Hour Emergency Response telephone number 803-253-6488 or 1-888-481-0125 outside of the Columbia area.

A written submission shall also be provided to the address in Part IV.L.4.a(4) 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 cause; 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.

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (See R.61- 9.122.44(g)).

(2) Any upset which exceeds any effluent limitation in the permit.

c. The Department may waive the written report on a case-by-case basis for reports under Part

II.L.5.b of this section 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 IV.L.4 and 5 of this section at the time monitoring reports are submitted. The reports shall contain the information listed in Part IV.L.5 of this section.

7. Other information.

Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information to the Water Facilities Permitting Division. This information may result in permit modification, revocation and reissuance, or termination in accordance with Regulation 61-9.

8. Existing manufacturing, commercial, mining, and silvicultural dischargers.

In addition to the reporting requirements under Part IV.L.1-7 of this section, all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the DHEC/Bureau of Water/Water Pollution Control Division of the Department as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following “notification levels”:

(1) One hundred micrograms per liter (100 µg/l);

(2) Two hundred micrograms per liter (200 µg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;

and one milligram per liter (1 mg/l) for antimony;

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed in the highest of the following “notification levels”:

(1) Five hundred micrograms per liter (500 µg/l);

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with R.61-9.122.21(g)(7).

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

M. Bypass

1. 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 Part IV.M.2 and 3 of this section.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least ten days before the date of the bypass to the DHEC/Bureau of Water/ Water Facilities Permitting Division.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part IV.L.5 of this section.

3. Prohibition of bypass

a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment 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

(3) The permittee submitted notices as required under Part IV.M.2 of this section.

b. The Department may approve an anticipated bypass, after considering its adverse effects, if the

Department determines that it will meet the three conditions listed above in Part IV.M.3.a of this section.

N. Upset

1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Part II.N.2 of this section 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.

2. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

b. The permitted facility was at the time being properly operated; and

c. The permittee submitted notice of the upset as required in Part IV.L.5.b(2) of this section.

d. The permittee complied with any remedial measures required under Part IV.D of this section.

3. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

O. Misrepresentation of Information

1. Any person making application for a NPDES discharge permit or filing any record, report, or other document pursuant to a regulation of the Department, shall certify that all information contained in such document is true. All application facts certified to by the applicant shall be considered valid conditions of the permit issued pursuant to the application.

2. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, or other documents filed with the Department pursuant to the State law, and the rules and regulations pursuant to that law, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for pursuant to 48-1-320 or 48-1-330.

PART V. Termination Of Coverage

A. Notice of Termination

When all discharges associated with bulk petroleum storage facilities that are authorized by this permit are eliminated, the operator of the facility may submit a Notice of Termination (NOT). The NOT shall include the following information:

1. Name, mailing address, and location of the facility for which the notification is submitted. Where a mailing address for the site is not available, the location can be described in terms of the latitude and longitude of the facility to the nearest 15 seconds;

2. The owner/operator's name, address, telephone number, and e-mail address.

3. The NPDES permit number for the discharge associated with bulk petroleum storage facilities identified by the Notice of Termination, and

4. The following certification signed in accordance with Part IV.K of this permit:

Part V

“I certify under penalty of law that all discharges associated with bulk petroleum storage facilities from the identified facility that are authorized by a NPDES general permit have been eliminated. I understand that by submitting this notice of termination, that I am no longer authorized to discharge facility wastewater and/or contaminated storm water (runoff) associated with bulk petroleum storage facilities under this…