Document ZJOL7Y4bGnxnxmOQoVbj6OpRV
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III
1650 Arch Street Philadelphia, Pennsylvania 19103-2029
Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Facility Name: Permittee(s): Facility Operator: Facility Address:
Latitude: County/Parish: Permit Number: NAICS Code: Unique Project #:
Clean Water Act Compliance Inspection Report
09/02/2021
To or Blank Last day or Space
National Pollutant Discharge Elimination System (NPDES)
Industrial Stormwater
Tri Gas & Oil Company, Inc.
Tri Gas & Oil Company, Inc.
Tri Gas & Oil Company, Inc.
40 S. Market Street
Seaford, Delaware 19973
38.639554
Longitude: -75.608775
Sussex
DEI000428
454310
SIC: 5983
3E21WN080A
Facility Representative(s):
Point of Contact
Jeffrey Dean
Phone: (410) 754-1027 ext. 1015 Email: jdean@trigas-oil.com
EPA Inspectors:
Shane McAleer
Phone: (215) 814-5616 Email: mcaleer.shane@epa.gov
Ingrid Hopkins
Phone: (215) 814-5437 Email: hopkins.ingrid@epa.gov
State/Local Inspectors:
Bill Tanner, Environmental Scientist III, Delaware Department of Natural Resources
and Environmental Control (DNREC)
Phone: (302) 739-9946 Email: Bill.Tanner@delaware.gov
Report Preparer Signature/Date
Shane
Digitally signed by Shane McAleer
McAleer
Date: 2021.10.29 13:36:17 -04'00'
Shane McAleer, Inspector
NPDES Enforcement Section
Date
MARK ZOLANDZ
Digitally signed by MARK ZOLANDZ Date: 2021.10.29 17:20:33 -04'00'
October 29, 2021
Supervisor
Mark Zolandz, Acting Chief
Date
Signature/Date
NPDES Enforcement Section
Unique Project#: 3E21WN080A
Tri Gas & Oil Company, Inc. 09/02/2021
Section
Table of Contents
Page
I Introduction............................................................................ 3
A Inspection Opening Conference...................................................................... 3
B Weather and Precipitation Conditions............................................................. 3
C Summary of the Facility..........................................................................
4
II Facility Activity........................................................................................
4
III Observations.................................................................................................... 7
IV Records Review............................................................................................... 9
V Closing Conference......................................................................................... 9
VI List of Attachments.......................................................................................... 10
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I. Introduction
On September 2, 2021, an inspection team composed of staff from the U.S. Environmental Protection Agency ("EPA") Region III (hereinafter, "EPA Inspection Team") conducted a compliance evaluation inspection of the Tri Gas & Oil Company, Inc. facility (hereinafter, "the facility"). The purpose of the inspection was to observe compliance with the Clean Water Act (CWA) and to verify compliance with the facility's National Pollutant Discharge Elimination System (NPDES) Permit No. DEI000428 (hereinafter, the "Permit") and applicable State and Federal regulations.
A. Inspection Opening Conference
The EPA Inspection Team arrived at the facility at est. 9:00 AM for the inspection. Inspectors met with the following facility representatives:
Name Shane McAleer Ingrid Hopkins
Jeffrey Dean Paul Nichols
Ken Russ
Bill Tanner
Table 1: Inspection Attendee List
Affiliation
Telephone
Email
EPA Region III Inspectors and Contractors
EPA Region III
215-814-5616
mcaleer.shane@epa.gov
EPA Region III
215-814-5417
hopkins.ingrid@epa.gov
Facility Representatives
Tri Gas & Oil
410-754-1027
jdean@trigas-oil.com
Company, Inc.
Tri Gas & Oil
410-754-2000
pnichols@trigas-oil.com
Company, Inc.
Tri Gas & Oil
-
-
Company, Inc.
State or County Representatives
DNREC
302-739-9946
bill.tanner@delaware.gov
Shane McAleer and Ingrid Hopkins displayed their credentials to Jeff Dean, Paul Nichols, and Ken Russ at the outset of the inspection, and explained the purpose of the inspection was to observe compliance with its Permit. A copy of the Permit and the facility's Notice of Intent (NOI) is provided in Attachment 1. The EPA Inspection Team informed Jeff Dean that any information that the Facility deemed to be confidential business information ("CBI") should be identified to EPA representatives during the inspection and it would be handled as CBI according to EPA's CBI procedures. During the opening conference, the facility representatives presented a signed copy of the facility Stormwater Plan (SWP), titled "Tri Gas & Oil, Company, Inc. Blades Plant Storm Water Plan" dated May 2021 and written by Duffield Associates (See Photograph DSCN2490). A copy of the SWP in included as Attachment 3.
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B. Weather and Precipitation Conditions
During the inspection, weather was sunny and approximately 70 degrees F. The closest National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and 5 days prior are provided in the Table 2 below:
Station Name
GEORGETOWN, DE GEORGETOWN, DE GEORGETOWN, DE GEORGETOWN, DE GEORGETOWN, DE GEORGETOWN, DE
Table 2. Precipitation Data
Date
8/28/2021 8/29/2021 8/30/2021 8/31/2021 9/1/2021 9/2/2021
Precipitation Amount (inches)1 0.12 0.00 0.04 0.00 0.83
0.02
C. Summary of the Facility
Tri Gas & Oil, Company, Inc. ("Tri Gas") is a commercial and residential propane gas and heating oil delivery service. From their website "Tri Gas & Oil offers a full range of energy solutions to both residential and commercial customers in Maryland, Delaware, and throughout the Delmarva Peninsula." The facility, also referred to as the Tri Gas & Oil Blades Plant, is located at 40 South Market Street, Seaford, DE, and features fuel storage tanks and a filling station for fuel trucks. The industrial activity at the facility includes the storage and distribution of petroleum products to residential and commercial customers. The facility site is comprised of a single tax parcel covering approximately 2.8 acres that includes the industrial activities and a wetlands area, which is separated from the industrial activities by a fence. Stormwater from the facility discharges into the Nanticoke River via overland flow and a stormwater inlet / catch basin located along S. Market Street.
II. Facility Activity
The facility consists of a fuel tank farm, fueling station consisting of a loading and unloading rack, storage pod, pump building, and parking area for fueling trucks. The fuel tanks in operation consist of four 25,000-gallon tanks located within a concrete secondary containment area: Tank 1 (home heating oil); Tank 2 (clear / highway diesel fuel); Tank 3 (off-road / red dye diesel fuel); and Tank 4 (gasoline). The facility also contains one 500,000-gallon tank that was permanently closed in 2011 and is planning to be removed. The Standard Industrial Classification (SIC) code associated with the Facility is 5983 (fuel oil dealers). This SIC code is not automatically regulated by Delaware's Regulations Governing Storm Water Discharges Associated wth
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/).
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Industrial Activities (Delaware Administrative Code Title 7, Chapter 7201 Subsection 9.1.1); however, given the location of the facility adjacent to the Nanticoke River and historical concerns regarding the facility's potential for contaminating storm water runoff, the Delaware Department of Natural Resources and Environmental Control (DNREC) assigned Sector AD to the Facility. As such, the facility is regulated by Subsection 9.1. of the Regulations and requires coverage under Delaware's NPDES General Industrial Storm Water Permit, which is a permit by Regulations.
During the inspection, the EPA Inspection Team observed: the facility conditions; facility operations, activities, and industrial equipment; stormwater discharge locations; and wetlands area. The inspection observations were made pursuant to the requirements of the Permit. The observations from the inspection are described in detail below. Photographs were taken during the inspection by Ingrid Hopkins, and are provided in Attachment 2.
The EPA Inspection Team began the facility walkthrough at the entrance to the facility, which was bordered by an approximately 9-foot-high chain-link fence and gate (See Photograph DSCN2460). All the industrial activities and equipment are contained within a chained link security fence. The wetlands area is separate and does not have a fence. The industrial area consisted of driveway / parking lot covered in #3 stone / gravel, a fueling island with a concrete surface, and the tank secondary containment area made of concrete (See Photograph DSCN2461). With the exceptions of the site representatives' personal vehicles, the parking area did not contain any vehicles at the time of inspection. The Tri Gas representatives stated that Tri Gas vehicles access the site for filling and offloading fuel. During the inspection, a fuel truck labeled "Peninsula" accessed the filling station to pump fuel (See Photographs DSCN2506 and DSCN2508).
Located in the stone lot was a small storage shed labeled "Spill Clean Up Kit" that was accessed and observed to contain the spill clean-up kit (See Photographs DSCN2474 & DSCN2476). Also located in the stone lot were two larger storage sheds: one that contained bags of "OIL-DRI Premium Absorbent" and spill absorbing material (See Photograph DSCN2482); and one that contained equipment for groundwater monitoring wells, including piping and pumps for sampling of the wells (See Photograph DSCN2501 for the equipment and DSCN2500 for a map of the monitoring well locations located on the wall of the storage shed). There were also two small fuel tanks located on the stone lot, one contained on a concrete pad (See Photograph DSCN2484) and one directly on the stone (See Photograph DSCN2497).
Located on a concrete slab in the middle of the site was a fueling island (See Photographs DSCN2461, DSCN2463 and DSCN2466). On the slab were a small fuel tank labeled "E-5 Peninsula" (See Photograph DSCN2464) and a tote with a funnel located on top that appeared to contain spent oil (See Photograph DSCN2475). The fueling island contained a trench drain, which drained to an oil / water separator (OWS). The OWS was accessed during the inspection.
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(See Photographs DSCN2468 and DSCN2469). There was a small amount of staining on the slab (See Photograph DSCN2472).
The concrete secondary containment area consisted of an approximately three-foot high concrete wall. The four operating 25,000-gallon fuel storage tanks located within the secondary containment area contained the following fuel: Tank 1 (home heating oil); Tank 2 (clear / highway diesel fuel); Tank: 3 (off-road / red dye diesel fuel); and Tank 4 (gasoline) (See Photograph DSCN2474). The decommissioned 500,000-gallon tank, also located within the concrete secondary containment area, was labeled "Permanently Closed Container June 30, 2011" (See Photographs DSCN2462 and DSCN2480). Site representatives stated they were planning to remove the 500,000-gallon tank due to the upkeep required (e.g. cost of painting the structure). Small concrete slabs extended out from the secondary containment wall at two locations. At these locations were four valves, one for each of the 25,000-gallon storage tanks to connect by hose to the filling station for filling the fuel transport vehicles. Each valve was labeled with the type of fuel for the corresponding storage tank and had a closed 5-gallon bucket below it. (See Photographs DSCN2478 and DSCN2479).
The secondary containment area contained several inches of water, as it had rained the day prior (See Photographs DSCN2477, DSCN2489, and DSCN2505). According to the site representatives, the containment area contains a pump that discharges stormwater to the wetlands area to the east of the secondary containment structure, and they do not sample this discharge. This discharge location was not accessed during the inspection due to overgrowth in the wetlands area (See Photograph DSCN2486). The secondary containment wall contained a vertical crack that ran the length of the wall in the southeast corner of the containment area, adjacent to the wetlands area (See Photograph DSCN2487).
Two outfalls were observed during the site visit: 1) the outfall with a sign labeled "Stormwater Outfall 8" was a stormwater inlet / catch basin located in the grassed area between the South Market street curb and the chain link fence on the westerly side of the site. This inlet grate was overtopped wth grass, soil and other debris (See Photographs DSCN2492, DSCN2494, DSCN2495, and DSCN2496). The second outfall labeled "Stormwater Outfall 7" was located in an area in the northeast corner of the stone lot where the stone lot met the chain-link fence. Beyond the chain link fence was the wetlands. The area of stone in the vicinity of the outfall was wet from the rainfall the day prior (See Photographs DSCN2503 and DSCN 2504).
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III. Observations
Proper Operation and Maintenance:
Section 9.1.2.3 of the Permit
9.1.2.3 Proper Operation and Maintenance: "Any person subject to this Subsection shall at all times properly operate and maintain all facilities, systems and practices of pollution control which are installed, or implemented to achieve compliance with the requirements of this Subsection and with the measures of the Storm Water Plan."
Observation #1:
The EPA Inspection Team observed a crack in the exterior wall of the secondary containment area around the four operating 25,000-gallon tanks and the decommissioned 500,000-gallon tank. The vertical crack ran the length of the wall in the southeast corner of the containment area, adjacent to the wetlands area (See Photograph DSCN2487).
Observation #2:
The EPA Inspection Team observed debris and vegetation overgrowth on the grate of the stormwater inlet / batch basin located adjacent to South Market Street (See Photographs DSCN2492 and DSCN 2495). This is the facility stormwater outfall labeled as Outfall #8 during the inspection, and later changed to Outfall #2.
Sample Location
Section 9.1.4.2.2 of the Permit
9.1.4.2.2 Sample Location: Sampling is conducted to capture storm water with the greatest exposure to significant sources of pollution. Each distinct point of discharge (outfall) off-site must be sampled and analyzed separately if activities and site conditions that may pollute the storm water are likely to result in discharges that will significantly vary in the concentration or type of pollutants. All samples, except storm water discharges from coal piles, are to be taken as close to the point of discharge as reasonably practical and can be achieved safely. Storm water from coal piles is sampled before the storm water from the coal pile commingles with storm water for other sources.
Observation #3:
During the inspection, site representatives informed the EPA Inspection Team that the secondary containment area contains a pump that discharges stormwater from inside the secondary containment area to the wetlands area located to the east of the containment area, and this discharge is not monitored. This discharge was not identified in the SWP and appears to significantly vary in the concentration or type of pollutants from the other facility outfalls.
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Quarterly Visual Monitoring
Section 9.1.4.3.1 of the Permit
9.1.4.3.1 Quarterly Visual Monitoring: "All facilities required to monitor storm water discharges, must perform and document quarterly visual examinations of storm water discharges associated with industrial activities from each storm water outfall. The examination(s) must be made at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December. The examination must document observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen and other obvious indicators of storm water pollution. The examination must be performed during daylight hours and must be made of samples collected within the first thirty (30) minutes of when runoff or snowmelt begins discharging from the facility. If no storm event resulted in runoff from the facility during a monitoring quarter, the permittee is excused from visual monitoring for that quarter provided that documentation is included with the monitoring records indicating that no runoff occurred."
Observation #4:
In response to EPA's records request, the facility representative provided copies of visual inspection reports dated 6/22/21 and 8/20/21 for Outfall 1 (See Attachment 3). Facility representative stated that the NOI was issued 3/9/21 and the SWP went into effect May 2021, at which time facility personnel commenced performing visual inspections. Visual inspection reports were not provided for Outfall 2, nor for the discharge from the secondary containment area stormwater pump.
Stormwater Plan (SWP) Requirements
Section 9.1.5 of the Permit
9.1.5.1: "Persons covered by this Subsection... Who engage in industrial activities identified in 9.1.1.3.1.2, excluding those facilities classified as Industrial Activity Codes HZ and LF, shall develop and continually implement a Storm Water Plan (SWP). The SWP shall identify potential sources of pollutants, which may reasonably be expected to affect the quality of storm water discharges associated with industrial activities from a facility. In addition, the SWP shall describe and ensure the implementation of practices and programs which are used to reduce or eliminate the pollutants in storm water discharges associated with industrial activity at a facility and to assure compliance with the terms and conditions of this Subsection."
Observation #5:
During the opening conference, the EPA Inspection Team received a copy of the Facility Stormwater Plan titled "Tri Gas & Oil, Company, Inc. Blades Plant Storm Water Plan" dated May 2021 by Duffield Associates (the "SWP" is appended as Attachment 3). The SWP contained a map with one outfall (Outfall 1). However, during the inspection, the EPA
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Inspection Team observed two outfalls with signs labeled "Stormwater Outfall 7" and "Stormwater Outfall 8. Outfall 8 (in the field) was in the approximate location of Outfall 1 in the SWP. On September 2, Jeffrey Dean submitted photos via email (See Attachment 6) that showed that the Outfall signs in the field were modified, and the SWP was modified to match. The "Outfall 8" sign was modified to be "Outfall 1", the "Outfall 7" sign was modified to be "Outfall 2", and the map was modified to indicate the location of Outfall 2 (formerly Outfall 7 in the field).
The discharge location from the secondary containment area stormwater pump was not identified in the SWP.
Routine Inspections
Section 9.1.5.7.4.1 of the Permit
9.1.5.7.4.1 Routine Inspections: "The facility shall conduct routine inspections of the equipment and areas of the facility designated in the SWP. The SWP shall identify the frequency for which these inspections are conducted. At a minimum, routine inspections shall be conducted once per quarter. These inspections shall ensure the proper operation of plant equipment and storm water controls. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be maintained with the SWP. Any deficiencies noted shall be corrected as soon as practicable, but no later than 14 days after the inspection."
Observation #6:
In response to EPA's records request, the facility representative provided copies of monthly routine inspection reports for 6/2021, 7/2021, 8/2021, and 9/2021 (See Attachment 5). Facility representative stated that the NOI was issued 3/9/21 and the SWP went into effect May 2021, at which time facility personnel commenced performing routine inspections.
Comprehensive Site Plan Evaluations
Section 9.1.5.7.4.2 of the Permit
9.1.5.7.4.2 Comprehensive Site Evaluations: "Persons subject to this Part shall conduct comprehensive site evaluations. The comprehensive site evaluations shall be used to assess the effectiveness of the current SWP. The evaluation(s) are in addition to the periodic inspections required by this Part. The evaluations may substitute for a periodic inspection if it is conducted during the regularly scheduled periodic inspection. The comprehensive site evaluations shall be conducted for the frequency indicated in the table below: Sector AD: Annual"
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Observation #7:
In response to EPA's records request, the facility representative stated that the NOI was issued 3/9/21 and the SWP went into effect May 2021, and therefore the first Annual Comprehensive Site Evaluation is not due until 2022.
IV. Records Review
During the opening conference, the EPA Inspection Team reviewed documentation including the Facility SWP. In response to an EPA records request, Jeffrey Dean submitted an updated SWP to the EPA Inspection Team on 9/2/21. Additionally, Mr. Dean submitted copies of monthly routine inspection forms (See Attachment 5), and quarterly visual inspection forms (See Attachment 4) on October 14, 2021. The NOI was issued 3/9/21 and the SWP went into effect May 2021, at which time facility personnel commenced performing visual and routine inspections.
V. Closing Conference
After the facility walkthrough, the EPA Inspection Team met with the facility representatives for a closing conference. The EPA Inspection Team shared preliminary observations with the facility. The EPA Inspection Team reiterated to the facility representatives that all preliminary observations discussed were not compliance determinations. All preliminary observations shared were subject to further evaluation upon the review of the provided records and documentation. It was also stated that other observations may be contained in the inspection report that were not identified at the time of the closing conference.
The inspection concluded at 10:45 AM.
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VI. List of Attachments
Attachment 1:
Exhibit A: Notice of Intent Exhibit B: NPDES General Industrial Storm Water Permit (Permit by Regulations, Delaware Administrative Code Title 7 Chapter 7201 Subsection 9.1.1)
Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6:
Photograph Log Tri Gas & Oil, Company, Inc. Blades Plant Storm Water Plan Quarterly Visual Inspection Reports Routine Inspection Reports Tri Gas Modified Outfall Photos and SWP Map
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Tr Gas & Oil Company, Inc. Inspection Report Attachment 1
NOI and NPDES Permit
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7201 Regulations Governing the Control of Water Pollution
9.1.1 Permit Coverage
9.1.1.1 Coverage Under This Subsection
Storm water discharges from facilities engaging in industrial activities are point source discharges of pollutants and are subject to the National Pollutant Discharge Elimination System (NPDES) Permit Program requirements of Section 6 of the State of Delaware "Regulations Governing the Control of Water Pollution." Section 6 requires storm water discharges associated with industrial activities to comply with the requirements set forth within this Subsection. This Subsection does not include discharges from facilities or activities excluded from the NPDES Program, as identified by Section 6.
9.1.1.1.1 Permit Coverage
Coverage under this Subsection authorizes discharges of storm water associated with industrial activities from regulated facilities to waters of the State or to municipal separate storm sewer systems (MS4s). Private entities, State and local government facilities are required to obtain coverage under this Subsection for both new and existing facilities. Storm water discharges that must be covered under this Subsection include, but are not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the facility; material handling activities; refuse sites; sites used for
the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and Industrial Materials remain.
This Subsection contains effluent limitations and requirements applicable to industrial activities that are eligible for coverage.
9.1.1.1.2 Permit Applicability
Owners or operators of facilities identified in subparagraphs 9.1.1.1.2.1 and 9.1.1.1.2.2 below must obtain authorization to discharge storm water under this Subsection (The General Permit Program). Unless otherwise precluded, such facilities are eligible for coverage under this Subsection. Commercial facilities that do not perform any of the activities identified in subparagraphs 9.1.1.1.2.1 and 9.1.1.1.2.2 are not required to obtain coverage unless specifically designated in writing by the Director as a Sector "AD" facility.
activities;
9.1.1.1.2.1 ConstructionActivities Construction activities including clearing, grading, and excavation
9.1.1.1.2.2 Industrial Activities: Coverage under this Subsection may be obtained to authorize discharges of storm water associated with industrial activities, and certain other non-storm water discharges (see 9.1.7), from the following sectors. Industrial activities are grouped into thirty sectors of similar activities based on either Standard Industrial Classification (SIC) codes or Industrial Activity Codes. References to "sectors" in this Subsection refer to these sectors.
SIC Code or Activity
Code
ACTIVITY REPRESENTED
Sector A: Timber Products
2421
General Sawmills and Planning Mills
2491
Wood Preserving
2411
Log Storage and Handling
2426
Hardwood Dimension and Flooring Mills
2429
Special Product Sawmills, Not Elsewhere Classified
2431-2439 (except 2434)
Millwork, Veneer, Plywood and Structural Wood
2448, 2449 Wood Containers
2451, 2452 Wood Buildings and Mobile Homes
2493
Reconstituted Wood Products
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2499
7201 Regulations Governing the Control of Water Pollution
Wood Products, Not Elsewhere Classified
Sector B: Paper and Allied Products
2611
Pulp Mills
2621
Paper Mills
2631
Paperboard Mills
2652-2657 Paperboard Containers and Boxes
2671-2679 Converted Paper and Paperboard Products, Except Containers and Boxes
Sector C: Chemical and Allied Products
2812-2819 Industrial Inorganic Chemicals
2821-2824 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass
2833-2836
Medicinal Chemicals and Botanical Products, Pharmaceutical Preparations, Invitro and Invivo Diagnostic Substances and Biological Products Except Diagnostic Substances
2841-2844
Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics and Other Toilet Preparations
2851
Paints, Varnishes, Lacquers, Enamels and Allied Products
2861-2869 Industrial Organic Chemicals
2873-2879
Agricultural Chemicals (including facilities that make fertilizer solely from leather scraps and leather dust)
2891-2899 Miscellaneous Chemical Products
3952 (limited to list)
Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and Artist's Watercolors
Sector D: Asphalt Paving and Roofing Materials and Lubricants 2951, 2952 Asphalt Paving and Roofing Materials
2992, 2999 Miscellaneous Products of Petroleum and Coal
Sector E: Glass Clay, Cement, Concrete and Gypsum Products
3211
Flat Glass
3221, 3229 Glass and Glassware, Pressed or Blown
3231
Glass Products Made of Purchased Glass
3281
Cut Stone and Stone Products
3291-3292 Abrasive and Asbestos Products
3296
Mineral Wool
3299
Nonmetallic Mineral Products, Not Elsewhere Classified
3241
Hydraulic Cement
3251-3259 Structural Clay Products
3261-3269 Pottery and Related Products
3297
Non-Clay Refractories
3271-3275 Concrete, Gypsum and Plaster Products
3295
Minerals and Earth's, Ground or Otherwise Treated
Sector F: Primary Metals 3312-3317 Steel Works, Blast Furnaces and Rolling and Finishing Mills
3321-3325 Iron and Steel Foundries
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3331-3339
7201 Regulations Governing the Control of Water Pollution
Primary Smelting and Refining of Nonferrous Metals
3341
Secondary Smelting and Refining of Nonferrous Metals
3351-3357 Rolling, Drawing, and Extruding of Nonferrous Metals
3363-3369 Nonferrous Foundries (Casting)
3398, 3399 Miscellaneous Primary Metal Products
Sector G: Metal Mining (Ore Mining and Dressing)
1011
Iron Ores
1021
Copper Ores
1031
Lead and Zinc Ores
1041, 1044 Gold and Silver Ores
1061
Ferroalloy Ores, Except Vanadium
1081
Metal Mining Services
1094, 1099 Miscellaneous Metal Ores
Sector H: Coal Mines and Coal Mining Related Facilities
1221-1241 Coal Mines and Coal Mining-Related Facilities
Sector I: Oil and Gas Extraction and Refining
1311
Crude Petroleum and Natural Gas
1321
Natural Gas Liquids
1381-1389 Oil and Gas Field Services
2911
Petroleum Refineries
Sector J: Mineral Mining and Dressing
1411
Dimension Stone
1422-1429 Crushed and Broken Stone, Including Rip Rap
1481
Nonmetallic Minerals Services, Except Fuels
1442, 1446 Sand and Gravel
1455, 1459 Clay, Ceramic and Refractory Minerals
1474-1479 Chemical and Fertilizer Mineral Mining
1499
Miscellaneous Nonmetallic Minerals, Except Fuels
Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities
HZ
Hazardous Waste Treatment, Storage, or Disposal Facilities subject to
the "Delaware Regulations Governing Solid Waste" (DRGSW)
Sector L: Landfills and Land Application Sites
LF
Landfills, Land Application Sites and Open Dumps that receive or have received
any industrial wastes (waste that is received from any of the facilities described
under this Subsection) subject to the DRGSW.
Sector M: Automobile Salvage Yards*
5015
Automobile Salvage Yards
Sector N: Scrap Recycling Facilities*
5093
Scrap Recycling Facilities
Sector O: Steam Electric Generating Facilities
SE
Steam Electric Generating Facilities
Sector P: Land Transportation and Warehousing**
4011, 4013 Railroad Transportation
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7201 Regulations Governing the Control of Water Pollution
4111-4173 4212-4231 4311 5171
Local and Highway Passenger Transportation Motor Freight Transportation and Warehousing United States Postal Service Petroleum Bulk Stations and Terminals
Sector Q: Water Transportation** 4412-4499 Water Transportation
Sector R: Ship and Boat Building or Repairing Yards 3731, 3732 Ship and Boat Building or Repairing Yards
Sector S: Air Transportation 4512-4581 Air Transportation Facilities
Sector T: Treatment Works***
TW
Treatment Works
Sector U: Food and Kindred Products
2011-2015 Meat Products
2021-2026 Dairy Products
2032
Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties
2041-2048 Grain Mill Products
2051-2053 Bakery Products
2061-2068 Sugar and Confectionary Products
2074-2079 Fats and Oils
2082-2087 Beverages
2091-2099 Miscellaneous Food Preparations and Kindred Products
2111-2141 Tobacco Products
Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products
2211-2299 Textile Mill Products 2311-2399 Apparel and Other Finished Products Made From Fabrics and Similar Materials 3131-3199 Leather Products (except 3111)
Sector W: Furniture and Fixtures
2511-2599 Furniture and Fixtures
2434
Wood Kitchen Cabinets
Sector X: Printing and Publishing 2711-2796 Printing, Publishing, and Allied Industries
Sector Y: Rubber, Miscellaneous Plastic Products and Miscellaneous Manufacturing Industries
3011
Tires and Inner Tubes
3021
Rubber and Plastics Footwear
3052, 3053
Gaskets, Packing and Sealing Devices, and Rubber and Plastics Hose and Belting
3061, 3069 Fabricated Rubber Products, Not Elsewhere Classified
3081-3089 Miscellaneous Plastics Products
3931
Musical Instruments
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3942-3949
3951-3955 (except 3952 facilities as specified in Sector C)
3961, 3965
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Dolls, Toys, Games and Sporting and Athletic Goods
Pens, Pencils, and Other Artists' Materials
Costume Jewelry, Costume Novelties, Buttons and Miscellaneous Notions, Except Precious Metals Miscellaneous Manufacturing Industries
Sector Z: Leather Tanning and Finishing
3111
Leather Tanning and Finishing
Sector AA: Fabricated Metal Products
3411-3499 Fabricated Metal Products, Except Machinery and Transportation Equipment and Cutting, Engraving and Allied Services
3911-3915 Jewelry, Silverware and Plated Ware
3479
Coating, Engraving and Allied Services
Sector AB: Transportation Equipment, Industrial or Commercial Machinery 3511-3599 Industrial and Commercial Machinery (Except Computer and Office Equipment
(except 3571, - see Sector AC) 3579)
3711-3799 Transportation Equipment (Except Ship and Boat Building and Repairing - see (except 3731, Sector R) 3732)
Sector AC: Electronic, Electrical, Photographic and Optical Goods
3612-3699 Electronic, Electrical Equipment and Components, Except Computer Equipment
3812-3873
Measuring, Analyzing and Controlling Instrument, Photographic and Optical Goods, Watches and Clocks
3571-3579 Computer and Office Equipment
Sector AD: Non-Classified Facilities
N/A
Other storm water discharges designated by the Department as needing a
permit or any facility discharging storm water associated with industrial activities
not described by any of Sectors A-AC. Note: Facilities may not elect to be
covered under Sector AD. Only the Department may assign a facility to Sector
AD.
* Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers and salvage yards, including but not limited to those classified as Standard Industrial
Classification codes 5015 [Motor Vehicle Parts, Used] and 5093 [Scrap & Waste Materials], but not including recycling collection centers consisting solely of "igloos" or similar structures.
** Only those portions of the facility that are involved in vehicle maintenance activities (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning
operations, and/or airport deicing operations are associated with industrial activity.
*** Treatment works with a design flow of one (1) million gallons per day or more treating domestic sewage or any other sewage sludge or waste water treatment device or system, used in the storage, treatment, recycling and reclamation of municipal or domestic sewage, including
land dedicated to the disposal of sewage sludge that are located within the confines of the facility, or required to have an approved pretreatment program under 7 Del.C. 6033. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas
that are in compliance with 40 C.F.R. 503.
9.1.1.1.3 Co-Located Activities
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Facilities conducting industrial activities identified by two (2) or more sectors indicated in subparagraph 9.1.1.1.2.2 above, must comply with all applicable sector-specific requirements indicated in this Subsection. The extra sectorspecific requirements apply only to areas of the facility where the extra-sector activities occur.
9.1.1.2 Eligibility
Program).
The following discharges and activities are eligible for coverage under this Subsection (NPDES General Permit
9.1.1.2.1 All new and existing discharges that are composed in whole or in part of storm water associated with industrial activities. This includes any inactive industrial facility where Industrial Materials remain on-site and are exposed to storm water.
9.1.1.2.2 Facilities with existing individual NPDES permits for discharges other than storm water, may be covered by this Subsection, for any storm water discharges not covered by the existing individual NPDES permit. For those facilities, coverage under this Subsection shall exist until amendments which fully address storm water discharges can be made to the existing individual NPDES permits.
9.1.1.2.3 No person shall discharge storm water associated with an industrial activity except as authorized by an individual NPDES permit or this Subsection. Part 9.1.2.1 of this Subsection shall apply to all discharges of storm water associated with industrial activities. Part 9.1.2.2 of this Subsection shall apply to construction activities and modifies certain parts of Part 9.1.2.1. Coverage under this Subsection can be obtained through by submitting a Notice of Intent (NOI) Form in accordance with the respective Part of this Subsection. Once coverage under this Subsection has been obtained, the person is authorized to discharge storm water only from the location indicated on the submitted NOI form.
9.1.1.3 Limits on Eligibility
Program).
The following discharges and activities are not eligible for coverage under this Subsection (General Permit
9.1.1.3.1 Discharges of storm water associated with industrial activities fully addressed by facilities with individual NPDES permits.
9.1.1.3.2 Activities that have been determined by the Secretary to be significant contributors of a pollutant to storm water runoff and required to be covered under an individual NPDES permit.
9.1.1.3.3 Discharges of pollutants occurring in watersheds for which there is a Total Maximum Daily Load (TMDL) allocation for associated water bodies are not eligible for coverage under this Subsection unless the facility has an approved Storm Water Plan (SWP) that is shown to reduce pollutant loading to the level required by the TMDL or to the maximum extent practicable. To be eligible for coverage under this Subsection, the facility must incorporate into their SWP any conditions applicable to their discharges necessary for consistency with any TMDL implementation plan for achieving State surface water quality standards. For discharges not eligible for coverage under this Subsection, the discharger must apply for and receive an individual NPDES Permit.
9.1.1.3.4 Discharges of pollutants in quantities that would cause or contribute to an exceedance of any applicable surface water quality standard for the receiving waters, the discharger must apply for and receive an individual NPDES Permit, including:
9.1.1.3.4.1 Discharges of substances or materials in amounts that are toxic, or that would be toxic to humans, fish, aquatic life, or wildlife;
9.1.1.3.4.2 Discharges of floatable debris, oils, scum, foam, or grease in other than trace amounts. Excluded from this are naturally occurring substances such as leaves and twigs provided no person has placed such substances in or near the discharges; and
9.1.1.3.4.3 Discharges that cause or contribute to degradation or loss of State designated beneficial uses of the receiving waters and violation of State water quality standards.
Subsection.
9.1.1.3.5 Discharges of materials other than storm water are prohibited and are not authorized by this
9.1.1.4 Individual NPDES Permit Coverage
9.1.1.4.1 Any person covered by this Subsection may request to seek coverage under an individual NPDES permit by submitting an individual application (Form 1 and Form 2F[1]) as prescribed in Section 6 of the "Regulations Governing The Control of Water Pollution." Coverage under this Subsection will continue until authorization for coverage under an individual permit has been issued to the person making the request.
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9.1.1.4.2 The Secretary may require any person covered by this Subsection to submit an application and seek coverage under an individual NPDES permit as described in 9.1.1.1.3.4
9.1.1.4.2.1 The Secretary shall notify a person in writing when an individual permit application is required. The notice shall include a brief statement of the reasons for the decision, an application and a statement setting a deadline for the person to file the application.
9.1.1.4.2.2 If a person fails to submit an individual permit application in compliance with a notice from the Secretary, the applicability of this Subsection to the person shall automatically terminate at the end of the day specified for application.
9.1.1.4.3 When an individual NPDES permit is issued to a person for discharges otherwise covered by this Subsection, the applicability of this Subsection is automatically terminated on the effective date of the individual NPDES permit.
9.1.1.5 Conditional "No Exposure" Exclusion
9.1.1.5.1 A Conditional "No Exposure" Exclusion from the requirements of 9.1.1.4 (Monitoring) and 9.1.5 (Storm Water Plan) of this Subsection is available for industrial facilities whose processes and materials are protected by storm resistant shelters to prevent exposure to rain, snow, snowmelt, and/or runoff, as defined herein. This exclusion is applicable to all industrial categories identified in 9.1.1.3.2 of this Subsection. To qualify for a Conditional "No Exposure" Exclusion, the facility must submit and receive written Department approval of a "No Exposure" Certification Form. A facility who obtains an approved Conditional "No Exposure" Exclusion is covered under this Subsection, but excluded from having to comply with the requirements of 9.1.4. and 9.1.5.
9.1.1.5.2 A "No Exposure" Certification Form must be provided for each facility qualifying for the Conditional "No Exposure" Exclusion. The exclusion is available on a facility-wide basis only, not for individual outfalls.
9.1.1.5.3 A storm resistant shelter is not required for the following industrial materials and activities:
9.1.1.5.3.1 Lidded Dumpsters: Lidded dumpsters containing waste materials, providing the containers are completely covered and there are no holes in the bottom of the container to allow leakage. Industrial refuse and trash that is stored uncovered, however, is considered exposed.
9.1.1.5.3.2 Adequately Maintained Vehicles: Adequately maintained vehicles such as trucks, automobiles, forklifts, trailers, or other general purpose vehicles found on-site (but no industrial machinery) which are not leaking or are otherwise a potential source of contaminants.
9.1.1.5.3.3 Fueling Activities: Vehicle or vessel maintenance facilities in which the only maintenance activity conducted on-site is vehicle fueling. If the fuel is dispensed from an above ground storage tank, there must be adequate secondary containment for the tank or the tank must be double walled. In addition, a spill containment and clean-up kit must be maintained on-site.
9.1.1.5.3.4 Above Ground Storage Tanks: Storm resistant shelters are not required for above ground storage tanks provided the following conditions are met:
9.1.1.5.3.4.1 Above ground storage tanks must be physically separated from and not associated with vehicle maintenance operations;
contact storm water;
9.1.1.5.3.4.2 There must be no piping, pumps or other equipment leaking contaminants that could
9.1.1.5.3.4.3 The tanks must be double walled tanks or must be provided with secondary containment. Secondary containment structures must be constructed to hold at least 110% of the entire contents of the tank plus 6 inches to allow for precipitation;
managed; and
9.1.1.5.3.4.4 Precipitation collected in secondary containment structures must be properly
product.
9.1.1.5.3.4.5 A spill containment and clean-up kit must be available for personnel dispensing
9.1.1.5.3.5 Final Products: Final products built and intended for use outdoors (e.g., new cars), provided the final products have not deteriorated or are otherwise a potential source of contaminants. Types of products not qualifying for "no exposure" certification:
9.1.1.5.3.5.1 Products that would be mobilized in storm water discharges (e.g., rock salt);
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9.1.1.5.3.5.2 Products which may, when exposed, oxidize, deteriorate, leak, or otherwise be a potential source of contaminants (e.g., junk cars, stockpiled train rails); and
9.1.1.5.3.5.3 Final products which are, in actuality, intermediate products. Intermediate products are those used in composition of yet another product (e.g., sheet metal, tubing and paint used in making tractors). Even if the intermediate product is final for a manufacturer and destined for incorporation in a final product intended for use outdoors, these products are not allowed to be exposed because they may be chemically treated or are insufficiently impervious to weathering.
9.1.1.5.3.5.4 There are circumstances where permanent, uninterrupted sheltering of industrial activities or materials is not possible. Under such conditions:
9.1.1.5.3.5.4.1 Materials and activities may be sheltered with temporary covers (e.g., tarpaulins) until permanent enclosure can be achieved; and
9.1.1.5.3.5.4.2 The "No Exposure" provision does not specify every such situation, but the Secretary can address this issue on a case-by-case basis, i.e., determine if the temporary covers will meet the requirements of 9.1.1.5.
9.1.1.5.3.5 The "No Exposure" Exclusion is conditional. If there is a change in circumstances that causes the exposure of industrial activities or materials to storm water, the owner/operator is required to comply immediately with all requirements of this Subsection.
9.1.1.5.3.6 The Secretary retains the authority to require the facility to comply with the requirements of this Subsection if it is determined that there is exposure at the facility, or that the discharge of storm water is contributing to the violation of water quality standards.
9.1.2 Standard Conditions
9.1.2.1 Entry and Inspection
Any person subject to this Subsection shall allow the Department to:
9.1.2.1.1 enter the facility subject to this Subsection during standard business hours;
Subsection;
9.1.2.1.2 inspect and copy at reasonable times, any records that must be kept under the conditions of this
9.1.2.1.3 inspect at reasonable times any facilities or equipment; and
9.1.2.1.4 perform sampling of the storm water discharges from the site.
9.1.2.2 Signature Requirements
9.1.2.2.1 All Notice Of Intent (NOI) Forms and "No Exposure" Certification Forms shall be signed by:
9.1.2.2.1.1 a president, vicepresident, secretary or treasurer for a corporation; or
9.1.2.2.1.2 a general partner or proprietor for a partnership or sole proprietorship; or
9.1.2.2.1.3 a principal executive officer or ranking official for a municipality or public agency.
9.1.2.2.2 All other reports or information required by this Subsection shall be signed by a person described above or by a duly authorized representative. A person is a duly authorized representative only if:
the Department; and
9.1.2.2.2.1 the authorization is made in writing by the person described above and is submitted to
9.1.2.2.2.2 the authorization specifies either an individual or position having responsibility for the overall operation of the regulated facility, such as the position of manager, operator, superintendent, or position of equivalent responsibility or an individual or position having overall responsibility of environmental matters (A duly authorized representative may thus be either a named individual or any individual occupying a named position).
certification:
9.1.2.2.3 Any person signing documents in accordance with this Subsection shall make the following
"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 gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those
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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 willful violations."
9.1.2.3 Proper Operation and Maintenance
Any person subject to this Subsection shall at all times properly operate and maintain all facilities, systems and practices of pollution control which are installed, or implemented to achieve compliance with the requirements of this Subsection and with the measures of the Storm Water Plan.
9.1.2.4 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.
9.1.2.5 Duty to Mitigate
Any person subject to this Subsection shall take all reasonable steps to minimize or prevent any discharge of pollutants in violation of this Subsection.
9.1.2.6 Duty to Provide Information
The permittee shall furnish to the Secretary, within a reasonable timeframe, any information which the Secretary may request to determine cause for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Secretary upon request, copies of records required to be maintained by this Subsection.
9.1.2.7 Property Rights
Coverage under this Subsection does not convey any property rights of any sort, any exclusive privileges, any authorization to damage, injure or use any private property, any authority to invade personal rights, any authority to violate federal, State, or local laws or regulations, or any taking, condemnation or use of eminent domain against any property owned by third parties. The State does not warrant that the permittee's compliance with this permit and operation under this permit will not cause damage, injury, or use of private property, an invasion of personal rights, or violation of federal, state, or local laws or regulations. The permittee is solely and severably liable for all damage, injury or use of private property, invasion of personal rights, infringement of federal, State, or local laws and regulations, or taking or condemnation of property owned by third parties, which may result from actions taken under the permit.
9.1.2.8 Adverse Impacts
Any person subject to the requirements of this Subsection shall take all reasonable steps to minimize any adverse impact to State waters resulting from noncompliance with this Subsection, including such accelerated or additional monitoring as necessary to determine the nature and extent of the non-complying discharge.
9.1.2.9 Transfers
9.1.2.9.1 For industrial activities identified in 9.1.2.2.2.1 (construction activities), coverage under this Subsection is transferable. Coverage under this Subsection shall be transferred in accordance with the provisions outlined in 9.1.2.
9.1.2.9.2 For industrial activities identified in 9.1.1.3.1.2 (9.1.1.3.2), coverage under this Subsection is not transferable. When the ownership of a facility changes, the new operator must submit either an NOI Form or "No Exposure" Certification Form within ten (10) days of the change in ownership.
9.1.2.10 Continuation of Regulatory Requirements
The requirements of this Subsection shall continue in force and effect until this Subsection is re-promulgated.
9.1.2.11 Severability
Any portion of this permit that is found to be void, or that is challenged, shall not affect the validity of the various permit requirements that are not void or challenged.
9.1.2.12 Other State or Federal Laws
Nothing in this Subsection shall be construed to preclude the institution of any legal action or relieve any person subject to this regulation from any responsibilities, liabilities, or penalties established pursuant to any applicable State or Federal law or regulation.
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9.1.2.13 Penalties for Violations
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Any person who violates conditions of this Subsection may be subject to penalties in accordance with 7 Del.C. Chapter 40, 7 Del.C. Chapter 60, or both. Violation of this Subsection is also a violation of the Clean Water Act and may be subject to penalties established under that statute.
9.1.2.14 Oil and Hazardous Substance Liability
Nothing in this Subsection shall preclude the institution of any legal action or relieve any person from any responsibilities, liabilities, or penalties to which a person is or may be subject under 40 C.F.R. Part 117 or 7 Del.C.Chapters 60, 62 or 63.
9.1.3 Notification
9.1.3.1 Application For Coverage
9.1.3.1.1 Any person who intends to obtain coverage for storm water discharges associated with industrial activity under this Subsection, must submit a Notice of Intent (NOI) Form in accordance with this Subsection. For those persons who intend to certify that a condition of "no exposure" exists at their facility, a "No Exposure" Certification Form must be submitted in accordance with this Subsection. Once the submitted documentation has been approved, the permittee will receive a letter either acknowledging coverage under this Subsection or exclusion of coverage under this Subsection. Failure to submit a complete and accurate Form will result in the facility being denied coverage under this Subsection.
9.1.3.1.2 Where a facility or activity is owned by one person but is operated by another person, it is the operator's duty to submit the NOI Form or the "No Exposure" Certification Form.
9.1.3.1.3 When ownership changes, the new owner of the facility must submit a new NOI Form or a new "No Exposure" Certification Form consistent with the Transfers provision of 9.1.2.I.
9.1.3.2 Deadlines
9.1.3.2.1 Industrial Activities identified in 9.1.1.3.1.2, excluding Industrial Activity Codes HZ and LF. Any person intending to obtain coverage under this Subsection for storm water discharges associated with the industrial activities identified in 9.1.1.3.1.2, excluding those facilities classified as Industrial Activity Codes HZ and LF, shall meet the following deadlines.
9.1.3.2.1.1 Facilities Currently Covered Under This Subsection
Coverage will continue for all facilities with existing coverage under this Subsection unless otherwise notified by the Department. Any person intending to obtain a Conditional "No Exposure" Exclusion from the requirements of this Subsection, that presently have and intend to maintain coverage, but will attain a condition of "no exposure" in the future, may submit a "No Exposure" Certification Form at any time during the permit's term following completion of the on-site changes that will result in the condition of "no exposure".
9.1.3.2.1.2 Facilities With Coverage Pending
Facilities that submitted NOI Forms for coverage under the previous regulations that were received before the effective date of this Subsection, but processing was incomplete, will be processed for coverage under the reissued Subsection. Those with pending NOI Forms are not required to submit new NOI Forms unless otherwise notified by the Department.
9.1.3.2.1.3 New Facilities or Existing Facilities Not Covered Under This Subsection
New facilities and existing facilities that currently are not covered under this Subsection must submit an NOI Form or, if eligible, a "No Exposure" Certification Form to obtain coverage. New facilities shall submit an NOI Form or "No Exposure" Certification Form within 10 days prior to the commencement of industrial activities. Existing facilities shall submit an NOI Form or "No Exposure" Certification Form within 10 days of notification by the Department that coverage is required.
9.1.3.2.1.4 Where a facility that has been granted a Conditional "No Exposure" Exclusion proposes changes to its activities that will result in industrial activities or materials being exposed to storm water, the Conditional "No Exposure" Exclusion shall become void. The facility must then obtain full coverage under this Subsection or apply for an individual NPDES permit within 30 days prior to implementing proposed changes.
9.1.3.2.2 Industrial Activities Classified as Industrial Activity Codes HZ and LF.
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Any person intending to obtain coverage under this Subsection for storm water discharges associated with the industrial activities identified as Industrial Activity Codes HZ and LF, shall meet the following deadlines.
9.1.3.2.2.1 Facilities Currently Covered Under This Subsection
Coverage will continue for all facilities with existing coverage under this Subsection unless otherwise notified by the Department.
9.1.3.2.2.2 Facilities With Coverage Pending
Facilities that submitted NOI Forms for coverage under the previous regulations that were received before the effective date of this Subsection, but processing was incomplete, will be processed for coverage under the reissued Subsection. Those with pending NOI Forms are not required to submit new NOI Forms unless otherwise notified by the Department.
9.1.3.2.2.3 New Facilities or Existing Facilities Not Covered Under This Subsection
Any person who intends to obtain coverage under this Subsection for storm water discharges associated with the industrial activities classified as Industrial Activity Codes HZ and LF, which commence after the effective date of this Subsection, shall submit a certification that a permit or approval has been obtained in accordance with the "Delaware Regulations Governing Solid Waste" (DRGSW). Activities subject to the DRGSW shall not commence and coverage under this Subsection shall not apply until a permit or approval has been obtained in accordance with the DRGSW.
9.1.3.2.2.3.1 The requirements of notification will be satisfied when an NOI Form with accompanying information is submitted in accordance with this Subsection.
9.1.3.2.2.3.2 Persons complying with 9.1.1.2.2, shall be considered in compliance with the NOI provisions outlined in 9.1.3.2.1.3 of this Subsection.
9.1.3.2.2.3.3 Persons identified in any plans required by a DRGSW permit or approval shall sign and maintain on-site a copy of the following certification statement before conducting any professional service identified in the plans:
"I certify under penalty of law that I understand the terms and conditions of the Delaware National Pollutant Discharge Elimination System (NPDES) General Permit Regulation for Storm Water Discharges Associated with Activities subject to the DRGSW."
9.1.3.2.3 Construction Activities
Any person who intends to obtain coverage under this Subsection for storm water discharges associated with the industrial activities described in 9.1.1.3.1.1 (construction activities) of this Subsection shall comply with the provisions of 9.1.2 of the Regulations.
9.1.3.3 Contents of the Notice of Intent Form
The Notice of Intent (NOI) shall be submitted on a form provided by the Department.
9.1.3.3.1 For industrial activities described in 9.1.1.3.1.2, the NOI Form shall include, at a minimum, the following information:
the mailing address;
9.1.3.3.1.1 The name of the owner, the facility, facility mailing address and location, if different from
9.1.3.3.1.2 The latitude and longitude of the facility;
9.1.3.3.1.3 Up to four Standard Industrial Classification (SIC) codes that best represent the principal products or activities of the facility;
9.1.3.3.1.4 A brief description of the type of industrial activities conducted and products manufactured at the facility.
9.1.3.3.1.5 The name, address and telephone number of the individual who is directly responsible for development, implementation, maintenance, and revision of the Storm Water Plan; and
9.1.3.3.1.6 The name of the receiving waters or municipal storm water system.
9.1.3.3.1.7 The following certification:
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"I certify under penalty of law this document and all attachments were prepared under my direction, or supervision, in accordance with a system designed to assure that qualified personnel gathered and evaluated the information submitted. Based upon my inquiry of the person(s) directly responsible for gathering the information, the information is, to the best of my knowledge, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations."
9.1.3.3.2 For industrial activities described in 9.1.1.3.1.1 (construction activities), the NOI Form shall be submitted in accordance with the provisions of 9.1.2.
9.1.3.4 Contents of the "No Exposure" Certification Form
The Conditional "No Exposure" Certification shall be submitted on a form provided by the Department.
9.1.3.4.1 The name of the owner, the facility, facility mailing address and location (if different from the mailing address);
9.1.3.4.2 The latitude and longitude of the facility;
9.1.3.4.3 Up to four Standard Industrial Classification (SIC) Codes that best represent the principal products or activities of the facility;
permit;
9.1.3.4.4 Indication as to whether or not the facility was previously covered under a NPDES storm water
9.1.3.4.5 Indication as to whether or not the facility paved or roofed over a formerly exposed, pervious area in order to qualify for the Conditional "No Exposure" Exclusion; and
9.1.3.4.6 An Exposure Checklist. The facility must indicate whether or not the following areas are exposed to precipitation, now or in the foreseeable future. If any of the following areas are or will be exposed to precipitation, the facility is not eligible for the Conditional "No Exposure" Exclusion:
water;
9.1.3.4.6.1 Industrial materials used, stored, or cleaned and that remain and are exposed to storm
9.1.3.4.6.2 Materials or residuals on the ground or in storm water inlets from spills/leaks;
9.1.3.4.6.3 Materials or products from past industrial activity;
9.1.3.4.6.4 Material handling equipment (except adequately maintained vehicles);
9.1.3.4.6.5 Materials or products during loading/unloading or transporting activities;
9.1.3.4.6.6 Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where exposure to storm does not result in the discharge of pollutants).
9.1.3.4.6.7 Materials contained in exposed storage drums, barrels, tanks (provided the tanks do not meet the conditions outlined in 9.1.1.5.3.3.), and similar containers;
discharger;
9.1.3.4.6.8 Materials or products handled/stored on roads or railways owned or maintained by the
9.1.3.4.6.9 Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]);
9.1.3.4.6.10 Application or disposal or process wastewater (unless otherwise permitted); and
9.1.3.4.6.11 Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality control permit) and evident in the storm water outflow.
9.1.3.4.7 The following certification:
"I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility. I understand that I am obligated to submit a "No Exposure" Certification Form as required by the Department. I understand that I must allow the Department to perform inspections to confirm the condition of "no exposure." I understand that I must obtain coverage under a NPDES permit prior to any point source discharge of storm water from the facility."
9.1.3.5 Additional Information
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When any person subject to this Subsection becomes aware that any relevant facts were omitted or submitted incorrectly on the NOI Form, the "No Exposure" Certification Form, or on any other records required by this Subsection, that person shall promptly submit such corrected information to the Department.
9.1.3.6 Where to Submit
Persons intending to obtain coverage through this Subsection must submit an NOI to the following address:
9.1.3.6.1 Persons intending to obtain coverage under this Subsection for industrial activities identified in 9.1.1.3.1.2 must submit an NOI Form or "No Exposure" Certification Form to the following address:
Delaware Department of Natural Resources and Environmental Control
Division of Water Resources
Surface Water Discharges Section NPDES Storm Water Program
89 Kings Highway
Dover, DE 19901
9.1.3.6.2 Persons intending to obtain coverage under this Subsection for industrial activities identified in 9.1.1.3.1.1 (construction activities), must submit an application with accompanying information in accordance with the provisions of 9.1.2 of the Regulations.
9.1.3.7 Failure to Notify
Persons who discharge storm water associated with industrial activity, who fail to notify the Department of their intent to be covered under this Subsection, and who discharge to waters of the State without an individual NPDES permit, are in violation of 7 Del.C. Chapter 60 and the federal Clean Water Act and may be subject to penalties.
9.1.4 Monitoring
9.1.4.1 Beginning on the effective date of this Subsection, persons conducting industrial activities:
9.1.4.1.1 identified in 9.1.1.3.2.1.2, excluding those facilities classified as Industrial Activity Codes HZ and LF, shall monitor the discharges of storm water associated with industrial activities as specified by this Part.
9.1.4.1.2 identified in 9.1.1.1.2 as Industrial Activity Codes HZ and LF shall perform monitoring in accordance with the DRGSW.
9.1.4.1.3 identified in 9.1.1.3.1.1 (construction activities) shall perform monitoring in accordance with the provisions of 9.2 (Part 2) of this Subsection.
9.1.4.2 Sampling Procedures and Conditions
Storm water must be sampled according to the instructions below.
9.1.4.2.1 Sample Type
9.1.4.2.1.1 A grab sample shall be collected from a storm water discharge resulting from a storm event that is greater than 0.1 inches of magnitude and that occurs at least 72 hours from the previously measured (greater than 0.1 inch rainfall) storm event. The required 72 hour interval is waived where a preceeding measurable storm event did not result in a measurable discharge from the facility. The grab sample shall be taken within the first thirty (30) minutes of a storm water discharge. If it is not practicable to take the sample during the first 30 minutes, sample during the first hour of discharge and indicate why a grab sample during the first 30 minutes was impracticable. The permittee shall also allow for two (2) full days of standard operating activities at the facility since the last rainfall event that resulted in runoff from the facility.
9.1.4.2.1.2 For discharges from holding ponds or other impoundments with a 24-hour or greater retention capability, grab samples of the discharge may be obtained at any time.
9.1.4.2.2 Sample Location
Sampling is conducted to capture storm water with the greatest exposure to significant sources of pollution. Each distinct point of discharge (outfall) off-site must be sampled and analyzed separately if activities and site conditions that may pollute the storm water are likely to result in discharges that will significantly vary in the concentration or type of pollutants. All samples, except storm water discharges from coal piles, are to be taken as close to the point of
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discharge as reasonably practical and can be achieved safely. Storm water from coal piles is sampled before the storm water from the coal pile commingles with storm water for other sources.
9.1.4.2.3 Test Methods
Samples shall be representative of the monitored discharge. Sample collection and analysis must be conducted according to test procedures approved under 40 CFR Part 136, or an alternative method approved by the Department.
9.1.4.2.4 Representative Discharge
If any person subject to this Part reasonably believes that two or more outfalls discharge storm water substantially identical (based on consideration of industrial activity, Industrial Materials, management practices and activities within the area drained by the outfalls) that person may test the discharges of one of such outfalls and report that the quantitative data also applies to the substantially identical outfall(s).
9.1.4.2.5 Flow Measurement
information:
For each representative sampled storm event, person subject to this Part must provide the following
9.1.4.2.5.1 the date and duration (in hours) of the storm event(s) sampled;
9.1.4.2.5.2 rainfall measurements (in inches) or estimates of runoff (in gallons) of the storm event that generated the sampled runoff;
9.1.4.2.5.3 the duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event; and
9.1.4.2.5.4 an estimate of the total volume (in gallons) of the discharge sampled.
9.1.4.2.6 Monitoring Frequency
Persons subject to the monitoring requirements of this Part, shall implement their monitoring program in the first full calendar quarter following submission of the NOI Form. In accordance with 9.1.4.3, visual monitoring shall be performed on a quarterly basis and analytical monitoring shall be performed on a semi-annual basis.
9.1.4.3 Industry-Specific Monitoring Requirements and Effluent Limitations
Storm water must be sampled according to the instructions below unless persons subject to this Part submit an alternative plan as a modification of coverage and it is approved by the Department. Persons subject to this Part are not required to sample outside of regular business hours or during unsafe conditions. There are three (3) individual and separate categories of monitoring requirements [Visual Monitoring, Benchmark Monitoring and Numeric Effluent Limitations] that a facility may be subject under 9.1.4. The monitoring requirements applicable to a facility depend on the types of industrial activities generating storm water runoff from the facility. Persons subject to the monitoring requirements of this Part must review Tables 2.a. through 2.r. below and determine which monitoring requirements apply.
Sector-specific monitoring requirements and limitations are applied discharge by discharge at facilities with colocated activities. Where storm water from the co-located activities are commingled, the monitoring requirements and limitations are additive. Where more than one numeric limitation for a specified parameter applies to a discharge, compliance with the more restrictive limitation is required.
9.1.4.3.1 Quarterly Visual Monitoring
All facilities required to monitor storm water discharges, must perform and document quarterly visual examinations of storm water discharges associated with industrial activities from each storm water outfall. The examination(s) must be made at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December. The examination must document observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen and other obvious indicators of storm water pollution. The examination must be performed during daylight hours and must be made of samples collected within the first thirty (30) minutes of when runoff or snowmelt begins discharging from the facility. If no storm event resulted in runoff from the facility during a monitoring quarter, the permittee is excused fro visual monitoring for that quarter provided that documentation is included with the monitoring records indicating that no runoff occurred.
9.1.4.3.2 Analytical Monitoring - Benchmark Monitoring Concentrations and Effluent Limitations
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Analytical monitoring is required for the industry sectors or sub-sectors that are determined to have a high potential to discharge a pollutant at concentrations of concern. Facilities conducting industrial activities shall analyze grab samples for the parameters identified in Tables a. through r. below on a semi-annual basis. Monitoring shall be completed at least once in each of the following six-month periods: January through June and July through December. Industry-specific monitoring requirements and limitations are applied discharge by discharge at facilities with co-located activities. Where indicated, monitored results shall be compared to Numeric Effluent Limitations or Benchmark Monitoring Concentration values. The Numeric Effluent Limitations and Benchmark Monitoring Concentrations are requirements applicable to a facility and depend on the types of industrial activities generating storm water runoff from the facility. The discharge of pollutants at a level more than that identified and authorized by a specified Numeric Effluent Limitation shall constitute a violation of this Part. The Benchmark Monitoring Concentration values represent target pollutant concentrations for a facility to achieve through implementation of its Storm Water Plan (SWP) {9.1.5.}. Analytical results that exceed Benchmark Monitoring Concentration values are not a violation of this Part as these values are not Numeric Effluent Limitations. However, results that exceed a Benchmark Monitoring Concentration value are indications that the storm water discharge could potentially cause, or contribute to causing, water quality impairment in the receiving waterbody. The Benchmark Monitoring Concentration values are also viewed as a level, that if below, the discharge presents little potential for water quality concern.
9.1.4.3.2.1 Sector A - General Sawmills and Planning Mills
9.1.4.3.2.1.1 Numeric Effluent Limitation
Facilities identified by SIC code 2411 shall analyze grab samples for the parameters listed in the following table and shall not exceed the indicated Numeric Effluent Limitations. Persons subject to these Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage.
Parameter
Units
Effluent Limitations
Wet Decking Discharges at Log Storage and Handling Areas (SIC Code 2411)
Debris (woody material such as bark, twigs, branches, heartwood, or sapwood)
------------
No discharge of debris that will not pass through a 2.54 cm (1 inch) diameter round opening.
pH
standard units
6.0-9.0
Benchmark Monitoring
Facilities identified by SIC codes 2411, 2421, 2426, 2429, 2431-2439 (except 2334), 2448, 2449, 2451, 2452, 2491 and 2593 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Log Storage and Handling (SIC Code 2411)
Total Suspended Solids mg/l (TSS)
100.0
General Sawmills and Planning Mills (SIC Code 2421)
Chemical Demand (COD)
Oxygen
Total Suspended Solids (TSS)
Total Recoverable Zinc
pH
mg/l mg/l mg/l standard units
120.0 100.0 0.117 6.0-9.0
Wood Preserving (SIC Code 2491)
Total Arsenic
mg/l
0.16854
Total Copper
mg/l
0.0636
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pH
standard units
6.0-9.0
Hardwood Dimension and Flooring Mills (SIC Codes 2426, 2429, 2431-2439 (except 2434), 2448, 2449, 2451, 2452, 2499 and 2593)
Chemical Demand (COD)
Oxygen
Total Suspended Solids (TSS)
pH
mg/l mg/l standard units
120.0 100.0 6.0-9.0
parameters:
9.1.4.3.2.2 Sector B - Paper and Allied Products Benchmark Monitoring Requirements Facilities identified by SIC code 2631 shall analyze grab samples in accordance with the following
Parameter
Units
Benchmark Monitoring Concentrations
Paperboard Mills (SIC Code 2631)
Chemical Oxygen mg/l Demand (COD)
pH
standard
units
120.0 6.0-9.0
9.1.4.3.2.3 Sector C - Chemical and Allied Product Manufacturing
9.1.4.3.2.3.1 Numeric Effluent Limitations
Facilities identified by SIC code 2874 shall analyze grab samples for the parameters listed in the following table and shall not exceed the indicated Numeric Effluent Limitations. Persons subject to Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage.
Parameter
Units
Effluent Limitations Daily Maximum
30-Day Average
Phosphate Subcategory of the Fertilizer Manufacturing Point Source Category (SIC Code 2874) - applies to precipitation runoff that, during manufacturing or processing, comes into contact with any raw materials, intermediate product, finished product, by-products or waste product
Total Phosphorus (as mg/l
105.0
35.0
P)
Fluoride
mg/l
75.0
25.0
pH
standard 6.0-9.0
units
9.1.4.3.2.3.2 Benchmark Monitoring Requirements
Facilities identified by SIC codes 2812-2819, 2821-2824, 2841-2844 and 2873-2879 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Industrial Inorganic Chemicals (SIC Codes 2812-2819)
Total Recoverable mg/l
0.75
Aluminum
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Total Recoverable Iron
Nitrate plus Nitrite Nitrogen
pH
mg/l mg/l standard units
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1.0 0.68 6.0-9.0
Plastics, Synthetics, and Resins (SIC Codes 2821-2824)
Total Recoverable Zinc
pH
mg/l standard units
0.117 6.0-9.0
Soaps, Detergents, Cosmetics, and Perfumes (SIC Codes 2841-2844)
Nitrate plus Nitrite Nitrogen
Total Recoverable Zinc
pH
mg/l mg/l standard units
0.68 0.117 6.0-9.0
Agricultural Chemicals (SIC Codes 2873-2879)
Nitrate plus Nitrite Nitrate plus Nitrite
Nitrogen
Nitrogen
Total Recoverable mg/l Iron
Total Recoverable mg/l Zinc
Phosphorus
mg/l
Total Recoverable mg/l Lead
pH
standard units
0.68 1.0 0.117 2.0 0.0816 6.0-9.0
9.1.4.3.2.4 Sector D - Asphalt Paving and Roofing Materials and Lubricant Manufacturers
9.1.4.3.2.4.1 Numeric Effluent Limitations
Facilities identified by SIC codes 2951 and 2952 shall analyze grab samples for the parameters listed in the following table and shall not exceed the indicated Numeric Effluent Limitations. Persons subject to Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage.
Parameter
Units
Effluent Limitations Daily Maximum
30-Day Average
Discharges from areas where production of asphalt paving and roofing emulsions occurs (SIC Codes 2951 and 2952)
Total Suspended mg/l
23.0
15.0
Solids (TSS)
Oil and Grease
mg/l
15.0
10.0
pH
standard units
6.0-9.0
9.1.4.3.2.4.2 Benchmark Monitoring Requirements
Facilities identified by SIC codes 2951 and 2952 shall analyze grab samples in accordance with the following parameters:
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Parameter
Units
Benchmark Monitoring Concentrations
Asphalt Paving and Roofing Materials and Lubricant Manufacturers (SIC Codes 2951 and 2952)
Total
mg/l
Suspended Solids
(TSS)
100.0
pH
standard units
6.0-9.0
9.1.4.3.2.5 Sector E - Glass, Clay, Cement, Concrete and Gypsum Products
9.1.4.3.2.5.1 Numeric Effluent Limitations
Facilities conducting cement manufacturing activities shall analyze grab samples for the parameters listed in the following table and shall not exceed the indicated Numeric Effluent Limitations. Persons subject to Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage.
Parameter
Units
Effluent Limitations
Daily Maximum
Cement Manufacturing Facility, Material Storage Runoff: Any discharge composed of runoff that derives from the storage of materials including raw materials, intermediate products, finished products and waste materials that are used in or derived from the manufacture of cement.
Total Suspended mg/l
50.0
Solids (TSS)
pH
standard units
6.0-9.0
9.1.4.3.2.5.2 Benchmark Monitoring Requirements
Facilities identified by SIC codes 3245-3259, 3261-3269 and 3271-3275 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Clay Product Manufacturers (SIC Codes 3245-3259 and 3261-3269)
Total Recoverable mg/l 0.75 Aluminum
pH
standard units
6.0-9.0
Concrete and Gypsum Product Manufacturers (SIC Codes 3271-3275)
Total Suspended Solids (TSS)
Oil and Grease
Total Recoverable Iron
pH
mg/l mg/l mg/l standard units
100.0 15.0 1.0 6.0-9.0
9.1.4.3.2.6 Sector F - Primary Metals
9.1.4.3.2.6.1 Benchmark Monitoring Requirements
Facilities identified by SIC codes 3312-3317, 3321-3325, 3351-3357 and 3363-3369 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Steel Works, Blast Furnaces, and Rolling and Finishing Mills (SIC Codes 3312-3317)
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Total Recoverable Aluminum
Total Zinc
Recoverable
pH
mg/l
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0.75
mg/l
0.117
standard units
6.0-9.0
Iron and Steel Foundries (SIC Codes 3321-3325)
Total Recoverable Aluminum
Total
Suspended
Solids (TSS)
Total Copper
Recoverable
Total Recoverable Iron
Total Zinc
Recoverable
pH
mg/l mg/l mg/l mg/l mg/l standard units
0.75 100.0 0.0636 1.0 0.117 6.0-9.0
Rolling, Drawing, and Extruding of Nonferrous Metals (SIC Codes 3351-3357)
Total Copper
Total Zinc
pH
Recoverable Recoverable
mg/l mg/l standard units
0.0636 0.117 6.0-9.0
Nonferrous Foundries (SIC Codes 3363-3369)
Total Copper
Total Zinc
pH
Recoverable Recoverable
mg/l mg/l standard units
0.0636 0.117 6.0-9.0
9.1.4.3.2.7 Sector J - Mineral Mining and Dressing
9.1.4.3.2.7.1 Numeric Effluent Limitations
Facilities identified by SIC codes 1422-1429, 1442 and 1446 shall analyze grab samples for the parameters listed in the following table and shall not exceed the indicated Numeric Effluent Limitations. Persons subject to Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage.
Parameter
Units
Effluent Limitations
Daily Maximum
30-Day Average
Mine Dewatering Activities at Construction Sand and Gravel; Industrial Sand; and Crushed Stone Mining Facilities (SIC Codes 1422-1429, 1442 and 1446)
Total Suspended Solids (TSS)
pH
mg/l standard units
45.0
25.0
6.0-9.0
9.1.4.3.2.7.2 Benchmark Monitoring Requirements
Facilities identified by SIC codes 1411, 1422-1429, 1442, 1446, 1481 and 1489 shall analyze grab samples in accordance with the following parameters:
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Parameter
Units
Benchmark Monitoring Concentrations
Dimension Stone Crushed and Broken Stone and Nonmetallic Minerals (except fuels) (SIC Codes 1411, 1422-1429, 1481 and 1499)
Total Suspended Solids (TSS)
pH
Nitrate plus Nitrite Nitrogen
Total Suspended Solids (TSS)
pH
mg/l
100.0
standard units
6.0-9.0
Sand and Gravel Mining (SIC Codes 1442 and 1446)
mg/l
0.68
mg/l
100.0
standard units
6.0-9.0
parameters:
9.1.4.3.2.8 Sector M - Automobile Salvage Yards Benchmark Monitoring Requirements Facilities identified by SIC code 5015 shall analyze grab samples in accordance with the following
Parameter
Total Suspended Solids (TSS)
Total Recoverable Aluminum
Total Iron
Recoverable
Oil and Grease
Total Lead
Recoverable
pH
Units
Benchmark Monitoring Concentrations
Automobile Salvage Yards (SIC Code 5015)
mg/l
100.0
mg/l
0.75
mg/l
1.0
mg/l
15.0
mg/l
0.0816
standard units
6.0-9.0
parameters:
9.1.4.3.2.9 Sector N - Scrap Recycling and Waste Recycling Facilities Benchmark Monitoring Requirements Facilities identified by SIC code 5093 shall analyze grab samples in accordance with the following
Parameter
Units
Benchmark Monitoring Concentrations
Scrap Recycling and Waste Recycling Facilities (SIC Code 5093)
Total Suspended Solids (TSS)
mg/l
Total Recoverable Aluminum
mg/l
Total Recoverable Copper
mg/l
100.0 0.750 0.0636
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Total Recoverable Iron Total Recoverable Lead Total Recoverable Zinc Oil and Grease Chemical Oxygen Demand (COD) pH
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mg/l
1.0
mg/l
0.0816
mg/l
0.117
mg/l
15.0
mg/l
120.0
standard units
6.0-9.0
9.1.4.3.2.10 Sector O - Steam Electric Generating Facilities
Benchmark Monitoring Requirements
Facilities identified by Industrial Activity Code SE (Steam Electric Power Generating facilities) are required to analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Steam Electric Generating Facilities (Industrial Activity Code SE)
Total Recoverable Iron
mg/l
1.0
pH
standard units
6.0-9.0
9.1.4.3.2.11 Sectors P - Land Transportation and Warehousing
Benchmark Monitoring Requirements
Facilities identified by SIC Codes 4011-4013, 4111-4173, 4212-4273, 4311and 5171 shall analyze grab samples for the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Land Transportation and Warehousing (SIC Codes 4011-4013, 4111-4173, 4212-4273, 4311and 5171)
Oil and Grease
mg/L
15.0
Total Surfactants
mg/L
1.0
Total Suspended Solids
mg/L
100.0
pH
standard units 6.0-9.0
following parameters:
9.1.4.3.2.12 Sector Q - Water Transportation Benchmark Monitoring Requirement Facilities identified by SIC codes 4412-4499 shall analyze grab samples in accordance with the
Parameter
Units
Benchmark Monitoring Concentrations
Water Transportation Facilities (SIC Codes 4412-4499)
Total Recoverable Aluminum Total Recoverable Iron Total Recoverable Zinc Total Recoverable Lead pH
mg/l mg/l mg/l mg/l standard units
0.75 1.0 0.117 0.0816 6.0-9.0
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parameters:
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9.1.4.3.2.13 Sector S - Air Transportation Benchmark Monitoring Requirements Facilities identified by SIC codes 45xx shall analyze grab samples in accordance with the following
Parameter
Units
Benchmark Monitoring Concentrations
Facilities at airports that use more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis: monitor only those outfalls from the airport facility that collect runoff from areas where deicing/anti-icing activities occur (SIC Codes 45xx)
Biochemical
Oxygen mg/l
30.0
Demand (BOD5)
Ammonia
mg/l
19.0
Chemical Demand (COD)
Oxygen mg/l
120.0
pH
standard units
6.0-9.0
9.1.4.3.2.14 Sector U - Food and Kindred Products
Benchmark Monitoring Requirements
Facilities identified by SIC codes 2041-2048 and 2074-2079 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Grain Mill Products (SIC Codes 2041-2048)
Total (TSS)
pH
Suspended
Solids
mg/l standard units
100.0 6.0-9.0
Fats and Oils Products (SIC Codes 2074-2079)
Biochemical Demand (BOD5)
Oxygen
Nitrate plus Nitrite Nitrogen
Total Suspended Solids (TSS)
Chemical Oxygen Demand (COD)
pH
mg/l
mg/l mg/l mg/l standard units
30.0
0.68 100.0 120.0 6.0-9.0
Industries following parameters:
9.1.4.3.2.15 Sector Y - Rubber, Miscellaneous Plastic Products and Miscellaneous Manufacturing
Benchmark Monitoring Facilities identified by SIC codes 3011-3069 shall analyze grab samples in accordance with the
Parameter
Units
Benchmark Monitoring Concentrations
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Tires and Inner Tubes; Rubber Footwear; Gaskets, Packing and Sealing Devices; Rubber Hose and Belting; and Fabricated Rubber Products, Not Elsewhere Classified (SIC Codes 30113069, rubber)
Total Recoverable Zinc pH
mg/l standard units
0.117 6.0-9.0
parameters:
9.1.4.3.2.16 Sector Z - Leather Tanning and Finishing Benchmark Monitoring Facilities identified by SIC code 3111 shall analyze grab samples in accordance with the following
Parameter
Units
Leather Tanning and Finishing (SIC Code 3111)
Total Kjeldahl Nitrogen pH
mg/l standard units
Benchmark Monitoring Concentrations
1.5 6.0-9.0
9.1.4.3.2.17 Sector AA - Fabricated Metal Product
Benchmark Monitoring
Facilities identified by SIC codes 3411-3471, 3479, 3482-3499 and 3911-3915 shall analyze grab samples in accordance with the following parameters:
Parameter
Units
Benchmark Monitoring Concentrations
Fabricated Metal Products Except Coating (SIC Codes 3411-3471, 3482-3499, 39113915)
Total Recoverable Aluminum Total Recoverable Iron Total Recoverable Zinc Nitrate plus Nitrite Nitrogen pH
mg/l mg/l mg/l mg/l standard units
0.750 1.0 0.117 0.68 6.0-9.0
Fabricated Metal Coating and Engraving (SIC Code 3479)
Total Recoverable Zinc pH
mg/l
standard units
0.117 6.0-9.0
9.1.4.3.2.18 Coal Pile Runoff
Facilities that have discharges of storm water from coal storage piles regardless of a facility's sector of industrial activity shall analyze grab samples in accordance with the following parameters and shall not exceed the indicated Numeric Effluent Limitations. The coal pile runoff must not be diluted with other storm water flows in order to meet the Numeric Effluent Limitations indicated below. Persons subject to Numeric Effluent Limitations must be in compliance with these limitations through the duration of coverage
Parameter
Units
Numeric Effluent Limitation
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Coal Pile Runoff Total Suspended Solids pH
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mg/l standard units
50.0 6.0-9.0
9.1.4.4 Record Keeping
9.1.4.4.1 Records of all analytical monitoring shall include the following:
9.1.4.4.1.1 the date, exact place and time of sampling or measurement;
9.1.4.4.1.2 the name(s) of the individual(s) who performed the sampling or measurement as well as the procedures used for sample collection and preservation;
9.1.4.4.1.3 the date and time when the analysis of the samples took place along with the name of the individual(s) who performed the analysis;
methods used; and
9.1.4.4.1.4 references and written procedures, when available, for the analytical techniques or
9.1.4.4.1.5 the results of such analyses, including the bench sheets, instrument readouts, computer disks or tapes, used to determine these results.
9.1.4.4.1.6 In the event that analytical results exceed Benchmark Monitoring Concentration values or Numeric Effluent Limitations, the facility shall investigate the cause for such exceedance and the results of this investigation shall be documented. The results of the investigation shall identify potential sources of pollution, additional Best Management Practices (BMPs) necessary, revisions to the Industrial Material Management Section of the SWP, or identify other areas of the SWP that may require revision in order to meet the goal of the Benchmark Monitoring Concentration values. Background concentrations of specific pollutants may also be considered during the investigation.
9.1.4.4.2 Records of all quarterly visual monitoring shall include the following:
9.1.4.4.2.1 the date, outfall location and time of examination;
9.1.4.4.2.2 the name(s) of the individual(s) who performed the examination;
9.1.4.4.2.3 the nature of the discharge (i.e., runoff or snowmelt);
9.1.4.4.2.4 visual quality of the storm water discharge (including observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen and other obvious indicators of storm water pollution); and
9.1.4.4.2.5 probable sources of any observed storm water contamination.
9.1.4.5 Additional Monitoring
The Secretary may provide written notification to any facility, including those otherwise exempt from sampling requirements, requiring additional storm water monitoring.
9.1.4.6 Monitoring Waiver
9.1.4.6.1 The Department may waive specific monitoring requirements, as follows:
9.1.4.6.1.1 Adverse Climatic Conditions
9.1.4.6.1.1 When the permittee is unable to collect samples or perform visual examinations within a specific sampling period due to adverse climatic conditions, the permittee shall collect a substitute sample from a separate qualifying event in the next sampling period. Adverse weather conditions are those that create dangerous conditions for personnel (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc) or otherwise make the collection of a sample impracticable (drought, extended frozen conditions, etc.).
9.1.4.6.2 Inactive or Unstaffed Facilities
When the permittee is unable to conduct the required monitoring at an inactive or unstaffed facility, the permittee may seek a Department approved waiver from the monitoring requirements as long as the facility remains inactive and unstaffed. The facility must maintain the Department approval letter with its Storm Water Plan (9.1.1.5).
9.1.4.6.3 Benchmark Monitoring Waivers
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Waivers from Benchmark Monitoring requirements are available to facilities whose discharges are below benchmark monitoring concentration values. On both a parameter by parameter and outfall by outfall basis, the permittee may petition the Department, after the completion of 4 consecutive sampling events, to be exempted from the subsequent 4 sampling events as long as the permittee provides verification that the following conditions have been met. However, a facility that conducts a significant process change must continue monitoring and may not use previous monitoring to demonstrate consistent attainment.
9.1.4.6.3.1 Samples were collected in four (4) consecutive monitoring periods and the parameter concentrations were below the benchmark monitoring concentration values indicated.
9.1.4.6.3.2 A waiver request is submitted and approved by the Department. The waiver request should include supporting monitoring data for 4 consecutive monitoring periods and a certification that based on current potential pollutant sources and Best Management Practices (BMPs) used, discharges from the facility are reasonably expected to be essentially the same (or cleaner) compared to when the monitoring for the 4 consecutive periods was completed.
9.1.4.6.3.3 Following the sampling suspension, sampling shall resume as specified in this Part.
9.1.5 Storm Water Plan (SWP)
9.1.5.1 Persons covered by this Subsection:
9.1.5.1.1 Who engage in industrial activities identified in 9.1.1.3.1.2, excluding those facilities classified as Industrial Activity Codes HZ and LF, shall develop and continually implement a Storm Water Plan (SWP). The SWP shall identify potential sources of pollutants, which may reasonably be expected to affect the quality of storm water discharges associated with industrial activities from a facility. In addition, the SWP shall describe and ensure the implementation of practices and programs which are used to reduce or eliminate the pollutants in storm water discharges associated with industrial activity at a facility and to assure compliance with the terms and conditions of this Subsection.
9.1.5.1.2 Who engage in industrial activities identified as Industrial Activity Codes HZ and LF shall, in place of the SWP, maintain at the site/central location of activities subject to the "Delaware Regulations Governing Solid Waste" (DRGSW), any certifications and/or approved plans for complying with the DRGSW.
9.1.5.1.3 Who engage in industrial activities identified by 9.1.1.3.1.1 (construction activities), shall comply with the provisions of 9.1.2.5 (Sediment and Stormwater Plan) of the Regulations.
9.1.5.2 The SWP shall be signed in accordance with this Subsection and maintained at the facility.
9.1.5.3 Persons covered by this Subsection shall retain records of all information required by the SWP (i.e., monitoring results, inspection reports, and any other documentation of compliance with this Subsection) for a minimum of five (5) years.
9.1.5.4 Keeping the SWP Current
Persons covered by this Subsection shall amend the SWP whenever:
9.1.5.4.1 there is a change in the design, construction, operation, or maintenance of activities associated with industrial activities conducted at the facility, which has a significant effect on the potential for the discharge of pollutants to the waters of the State;
9.1.5.4.2 the SWP proves to be ineffective in eliminating or significantly minimizing pollutants from Industrial Materials identified in 9.1.5.7.2.3, or in otherwise achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity;
9.1.5.4.3 any sources or potential sources of pollution identified as a result of a facility's Inspection Program pursuant to 9.1.5.7.2.4; or
9.1.5.4.4 notified by this Department that the SWP does not adequately address the requirements of this Subsection, persons subject to this Subsection shall amend the SWP and submit these amendments to this Department within 30 days of notification. The notification from the Department shall list and describe deficiencies of the SWP. The Department may grant additional time for amending the SWP. This extension must be obtained from the Department in writing.
9.1.5.5 Failure to Prepare or Amend the SWP
In no event shall failure to complete or update a SWP in accordance with this Part relieve any persons covered under this Subsection of responsibility to implement actions required to protect the waters of the State, complete any actions
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that would have been required by such Storm Water Plan and to comply with all conditions of this Subsection.
9.1.5.6 SWP Deadlines
9.1.5.6.1 Existing Facilities
9.1.5.6.1.1 Facilities that were covered under the 1998 regulation who are continuing coverage under this Subsection shall update and implement any revisions to the SWP within 45 days of the effective date of this Subsection. Once updated, the SWP shall be submitted to the Department for review.
9.1.5.6.1.2 .Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility must update and implement any revisions to the SWP within 30 days of the ownership change.
9.1.5.6.2 New Facilities
New facilities,facilities covered by an individual permit, and existing facilities not currently covered by a NPDES permit who elect to be covered under this Subsection must prepare and implement the SWP prior to submitting the NOI Form. The SWP must be submitted with the NOI form.
9.1.5.6.3 Extensions
Upon a showing of good cause, the Director may establish a later date in writing for the preparation and compliance with the SWP.
9.1.5.7 Contents of the SWP
Persons covered by this Subsection shall comply with the following requirements when developing and administering the SWP. The SWP shall include at a minimum, but not be limited to, the following items:
9.1.5.7.1 Facility Identification
The name, address, and telephone number of the individual who is responsible for development, implementation, maintenance and revision of the SWP.
9.1.5.7.2 Facility Assessment
9.1.5.7.2.1 Facility Description:
A narrative description must be developed to describe all activities and potential sources of pollutants that may reasonably be expected to add pollutants to storm water discharges or that may result in dry weather discharges from the storm water conveyance system. Examples include the following activities and potential sources when they are exposed to storm water:
are transferred);
9.1.5.7.2.1.1 loading and unloading areas (including areas where chemicals and other materials
9.1.5.7.2.1.2 outdoor storage areas;
9.1.5.7.2.1.3 outdoor processing areas;
9.1.5.7.2.1.4 dust producing activities;
9.1.5.7.2.1.5 on-site waste disposal;
9.1.5.7.2.1.6 vehicle/equipment maintenance, cleaning and fueling areas;
9.1.5.7.2.1.7 liquid storage tanks;
9.1.5.7.2.1.8 railroad sidings, tracks, and rail cars; and
9.1.5.7.2.1.9 other.
9.1.5.7.2.2 Map of the Facility
All markings, delineations and designations on the map shall be clearly identifiable. A narrative description of the markings, delineations and designations shall accompany the facility map. The map shall identify:
9.1.5.7.2.2.1 all of the buildings at the facility;
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9.1.5.7.2.2.2 the areas where Industrial Materials are stored, handled or used in processes and the types of Industrial Materials associated with each areas;
9.1.5.7.2.2.3 the drainage areas associated with each storm water discharge from the facility/site and the associated ground cover;
9.1.5.7.2.2.4 all storm water related drainage and discharge structures including all conveyances systems and appurtenances;
storm water diversions);
9.1.5.7.2.2.5 any structural storm water controls (i.e. detention basins, secondary containment,
9.1.5.7.2.2.6 all surface waters that receive storm water discharges from the facility;
9.1.5.7.2.2.7 directions of storm water flow;
9.1.5.7.2.2.8 locations of the following activities where such activities are exposed to precipitation: fueling stations, vehicle and equipment maintenance and/or cleaning areas, loading/unloading areas, locations used for the treatment, storage or disposal of wastes and liquid storage tanks;
9.1.5.7.2.2.9 locations of non-storm water discharges;
9.1.5.7.2.2.10 locations of the following activities where such activities are exposed to precipitation; processing and storage areas, access roads, rail cars and tracks, the location of transfer of substance in bulk and machinery;
9.1.5.7.2.2.11 location and source of runoff from adjacent property containing significant quantities of pollutants of concern to the facility (an evaluation of how the quality of the storm water running onto your facility impacts your storm water discharges may be included); and
9.1.5.7.2.2.12 locations of where major spills or leaks have occurred.
9.1.5.7.2.3 Inventory of Industrial Materials
An estimate of the yearly quantities of Industrial Materials handled by the facility, unless subject to Part 2. This inventory of materials shall list all of the types of materials handled at the site that potentially may be exposed to precipitation or runoff and that may be transported off-site or that may contaminate storm water.
9.1.5.7.2.4 Inventory of Spills and Leaks
Clearly identify areas where potential spills and leaks, which can contribute pollutants to storm water discharges, can occur and their accompanying drainage points. A list of substantial spills, leaks or residual deposits of Industrial Materials that have occurred within the last three years in areas that are exposed to precipitation or that otherwise drain to a storm water conveyance at the facility. The list shall be updated annually unless subject to Part 2.
9.1.5.7.3 Industrial Material Management
The Storm Water Plan shall describe storm water management controls appropriate for a facility and implementation of such controls. The appropriateness for implementing controls listed in the SWP must reflect identified potential sources of pollutants at the facility. The SWP must describe the location of existing non-structural and structural controls selected for the areas where industrial materials or activities are exposed to storm water. For areas where controls are not currently in place, the SWP must describe appropriate controls that will be used to control pollutants in storm water discharges.
The description of storm water management controls must, at a minimum, address the following and provide a reasonable schedule for implementing such controls:
9.1.5.7.3.1 Good Housekeeping Practices
The SWP shall identify the practices/programs used to define the ongoing maintenance and cleanup, as appropriate, of areas which may contribute pollutants to storm water discharges.
9.1.5.7.3.2 Preventative Maintenance Program
The SWP shall include a program that identifies qualified facility personnel to conduct inspections and maintenance of storm water management devices (structural controls) as well as inspections, testing, maintaining and repairing facility equipment and systems to avoid breakdowns and failures that may result in the exposure of industrial
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materials to storm water. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. A log of inspections and any actions taken shall be maintained on-site.
9.1.5.7.3.3 Spill Prevention and Response Measures
The SWP must describe the procedures that will be followed for cleaning up spills or leaks. The procedures and necessary spill response equipment must be made available to those employees who may cause or detect a spill or leak. Where appropriate, the plan must include an explanation of existing or planned material handling procedures, storage requirements, secondary containment, and equipment (e.g., diversion valves) that are intended to minimize spills or leaks at the facility. If applicable, the spill response plan shall address prevention and minimization of releases of oil and hazardous material into the storm water system. When required, the management of oil and hazardous material shall be performed in accordance with 40 CFR Part 117 and 7 Del.C. Chapters 60, 62, and 63.
The SWP shall identify a team of individuals responsible for implementing spill response procedures. Personnel identified as the spill response team are responsible for follow-up inspections to ensure that spills have been properly handled to meet environmental and safety standards.
9.1.5.7.3.4 Minimizing Exposure
Where practicable, industrial materials and activities should be protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt or runoff.
9.1.5.7.3.5 Erosion Control Practices
All facilities must evaluate the risk of soil erosion on their site that could contaminate storm water. At a minimum, the SWP must include a narrative that describes whether there is reasonable potential for soil erosion of a significant amount at the site. Where reasonable potential exist, the permittee must include BMPs to prevent or minimize the potential for soil erosion on-site.
9.1.5.7.3.6 Best Management Practices
The SWP shall include a section that establishes BMPs to reduce the discharge and potential discharge of pollutants in storm water. Section 9.1.9 includes a list of BMPs for specific industrial activities. Facilities conducting activities described in Section 9.1.9 shall implement the corresponding BMPs, as appropriate. Those BMPs listed are considered the minimum set of required structural BMPs for a specific industrial activity. The permittee may select equivalent BMPs that provide the same result as those listed.
Nothing in Section 9.1.9 is intended to preclude the application of innovative treatment, source control, reduction or recycle, or operational BMPs that are not identified by this Part. The permittee may substitute equivalent/superior BMPs for those listed in Section 9.1.9 but must document the basis for the substitution in the SWP, and the permittee assumes the liability if the BMPs are not equivalent/superior to the SWP. Additional BMPs beyond those identified in Appendix B could be necessary to achieve compliance with standards. However, treatment BMPs that include the addition of chemicals to provide treatment must be approved by the Department prior to implementation
9.1.5.7.3.7 Additional Requirements for Salt Storage
The SWP shall provide that storage piles of salt (including pure salt or salt mixed with other materials) shall be enclosed or covered to prevent exposure to precipitation, except for exposure resulting from adding or removing materials from the pile.
9.1.5.7.3.8 Management of Runoff
The SWP must contain a narrative assessment of the appropriateness of all existing storm water management controls and practices at the facility. Based on an assessment of the potential of various sources at the site to contribute pollutants to storm water discharges, the SWP must provide that storm water management controls, determined to be reasonable and appropriate, are implemented and maintained.
9.1.5.7.3.9 Off-Site Vehicle Tracking
Off-site vehicle tracking of raw, final, or waste materials or sediments, and the generation of dust must be minimized. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas must be minimized.
9.1.5.7.4 Inspections. The SWP shall detail the following inspection programs. Results of each inspection shall be maintained with the SWP.
9.1.5.7.4.1 Routine Inspections
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The facility shall conduct routine inspections of the equipment and areas of the facility designated in the SWP. The SWP shall identify the frequency for which these inspections are conducted. At a minimum, routine inspections shall be conducted once per quarter. These inspections shall ensure the proper operation of plant equipment and storm water controls. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be maintained with the SWP. Any deficiencies noted shall be corrected as soon as practicable, but no later than 14 days after the inspection.
9.1.5.7.4.2 Comprehensive Site Evaluations
Persons subject to this Part shall conduct comprehensive site evaluations. The comprehensive site evaluations shall be used to assess the effectiveness of the current SWP. The evaluation(s) are in addition to the periodic inspections required by this Part. The evaluations may substitute for a periodic inspection if it is conducted during the regularly scheduled periodic inspection. The comprehensive site evaluations shall be conducted for the frequency indicated in the table below:
SIC Code/Industrial Activity Code
Compliance Evaluation Frequency
Sectors A, B, G, H, I, J, O, T, V, W, X, Y, Z, and AD
Annual
Sectors C, D, E, F, P, Q, R, S, U, AA, AB, and AC
Semi-annual
[evaluations shall be conducted once in the fall (September-November) and once during the spring (April-June)]
Sectors M and N Quarterly
[evaluations shall be conducted at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December]
The evaluations shall be conducted by one or more qualified employees or contractor personnel, who are familiar with the industrial activities performed at the facility and the elements of the SWP, and shall evaluate:
9.1.5.7.4.2.1 areas identified in the Inventory of Industrial Materials of the SWP;
9.1.5.7.4.2.2 structural controls, including their maintenance and effectiveness;
9.1.5.7.4.2.3 non-structural controls, including good housekeeping measures and spill prevention;
9.1.5.7.4.2.4 storm water outfalls and reasonably accessible areas immediately downstream of each storm water outfall that is authorized under this Subsection; and
9.1.5.7.4.2.5 records required by this Subsection.
Records of each evaluation shall be maintained, indicating the following: date and time of the inspection; person(s) responsible for conducting inspection; findings of the inspection; and any corrective actions taken. Persons subject to this Part must correct any deficiencies noted during the inspection as soon as practicable, but no later than 14 days after the inspection.
9.1.5.7.4.3 Secondary Containment Inspections
A visual inspection by a facility employee shall be conducted before accumulated storm water is released from a secondary containment system. The secondary containment system shall be visually observed for color, foam, outfall staining, visible sheen and dry weather flow prior to release. Accumulated storm water shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated storm water and the date and time of the release shall be maintained.
9.1.5.7.5 Monitoring Data
The SWP shall include a description of the monitoring program and sampling data for storm water discharges at the facility, in accordance with 9.1.4.
9.1.5.7.6 Training
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Facility employees and contractor personnel that work in areas where Industrial Materials are used or stored shall be appropriately trained to meet the requirements of the SWP. Employee training shall be conducted and documented not less than once per year. Training should address topics such as spill response, good housekeeping practices, material management practices, truck wash out procedures, equipment washdown procedures, etc.
9.1.5.7.7 Non-Storm Water Certification
The SWP shall include the Non-Storm Water Certification required by 9.1.6.
9.1.5.7.8 Facility Security
Facilities shall have the necessary security systems to prevent an accidental or intentional discharge of hazardous material or oil through vandalism.
9.1.5.7.9 Additional Requirements for Facilities Subject to SARA III 313 (Water Priority Chemicals)
The SWP shall indicate that appropriate containment, drainage control and/or diversionary structures are provided in all areas where Water Priority Chemicals (WPCs) are stored, processed or otherwise handled. At a minimum, the appropriate preventive systems or its equivalent shall be used (an equivalent practice may be used if approved by the Department in writing for this purpose).
9.1.5.7.9.1 Storage locations for Non-liquid WPCs shall have roofs, covers or other forms of appropriate protection to prevent exposure of storage piles to storm water and wind; and
9.1.5.7.9.2 Storage locations for Liquid WPCs shall include secondary containment providing at least 110% of the entire contents of the largest single tank plus 6 inches to allow for precipitation.
9.1.5.8 Inadequate Industrial Material Management
If a continued transport of substantial amounts of Industrial Material through a facility's storm water discharges persists, the Department may require treatment of the contaminated storm water discharges along with limits for contaminant levels. If treatment of the contaminated storm water discharges or limits for contaminant levels is required, permit coverage through an individual NPDES Storm Water Permit may be required.
9.1.5.9 Consistency with Other Plans
The Storm Water Plan must comply with any other plans developed for the facility to control discharges of Industrial Materials into the environment.
9.1.5.10 Copy of Permit Requirements
Persons subject to this Part must include a copy of your letter indicating acquisition of coverage under this Subsection with the SWP.
9.1.6 Outfall Indentification
All persons conducting industrial activities identified in 9.1.1.3.1.2 with discharges that flow through a regulated outfall, shall identify each storm water outfall covered under this Subsection with a legible outfall tag or stencil. The mechanism for identification should be attached to an outfall pipe, stenciled on an outfall pipe, or posted in close proximity of the outfall area. The identification shall indicate the designated outfall number.
9.1.7 Non-Storm Water Discharges
9.1.7.1 Discharges to a storm water system of anything other than storm water, except those discharges described in subparagraph (9.1.7.2) below, shall either be eliminated or in compliance with an appropriate individual NPDES permit.
If nonstorm water discharges to a storm water system occur, compliance with this Part must be attained by submitting a schedule to the Department within 15 days of identifying the non-storm water discharge, unless granted a written extension by the Department. The schedule shall indicate a sequence of steps which will either result in the elimination of the non-storm water discharge to the storm water system or that will result in obtaining an appropriate individual NPDES permit.
9.1.7.2 Industrial facilities that qualify for coverage under this Subsection may discharge the following non-storm water discharges, through outfalls identified in the SWP:
9.1.7.2.1 discharges from fire fighting activities and fire hydrant flushings;
9.1.7.2.2 uncontaminated potable water sources including waterline flushings;
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9.1.7.2.3 lawn watering and similar irrigation drainage;
9.1.7.2.4 water from the routine external washing of buildings, conducted without the use of detergents or other chemicals;
9.1.7.2.5 water from the routine washing of pavement conducted without the use of detergents or other chemicals and where spills or leaks or toxic or hazardous materials have not occurred (unless a spilled material has been removed);
9.1.7.2.6 uncontaminated air conditioner condensate, compressor condensate, and condensate that externally forms on steam lines;
9.1.7.2.7 water from foundation or footing drains where flows are not contaminated with pollutants (e.g. process materials, solvents, and other pollutants);
9.1.7.2.8 springs and other uncontaminated ground water; and
9.1.7.2.9 mist discharges which originate from cooling towers (as long as the discharge has been evaluated for contaminated chemicals used in the cooling tower and determined that the levels of such chemicals in discharges would not cause or contribute a violation of applicable water quality standards).
9.1.7.3 The facility shall include a certification that the storm water discharges have been evaluated or tested for the presence of non-storm water discharges. Such certification shall be signed in accordance with 9.1.2.2 and shall be maintained with the SWP. The certification shall include:
9.1.7.3.1 the identification of potential sources of non-storm water at the site;
discharges;
9.1.7.3.2 description of the results of any tests or evaluation for the presence of non-storm water
9.1.7.3.3 the evaluation criteria or testing method used;
9.1.7.3.4 the date of any testing or evaluation; and
9.1.7.3.5 the on-site drainage points that were directly observed during the test.
9.1.7.4 Any facility that is unable to provide the certification required by 9.1.7.3, shall notify the Department 60 days after submitting an NOI Form to be covered by this Subsection. If the failure to certify is caused by the inability to perform adequate tests for evaluations, such notification shall describe:
9.1.7.4.1 the procedure of any test conducted for the presence of non-storm water discharges;
9.1.7.4.2 the results of such test or other relevant observations;
9.1.7.4.3 potential sources of non-storm water discharges to the storm water conveyance system(s); and
9.1.7.4.4 why adequate tests for such storm water conveyance system(s) were not feasible.
9.1.8 Effective Date of Coverage Under This Subsection
9.1.8.1 Commencement of Coverage
Coverage under this Subsection begins when the Department has received and approved of notification pursuant to the NOI or "No Exposure" Certification requirements outlined in 9.1.3.
9.1.8.2 Duration of Coverage
Coverage under this Subsection shall be granted for a specific duration which will be determined by the Department. In no case shall coverage be valid for more than five years.
9.1.8.3 Re-notification
9.1.8.3.1 Any person wishing to extend or renew coverage under this Subsection must submit a new NOI Form or a new "No Exposure" Certification Form not less than 60 days prior to the expiration date of coverage, unless permission for a later date has been granted by the Department. In the event that the permittee submits a timely request to extend or renew existing coverage, and the Department through no fault of the permittee, is unable to make a final determination on the request before the expiration date of coverage, the terms and conditions of the existing coverage shall be continued and remain fully effective and enforceable until the Department makes a final determination on the request.
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9.1.8.3.2 Any person subject to the provisions of this Subsection is required to submit a new NOI Form or a new "No Exposure" Certification Form in a timeframe specified by the Department upon re-promulgation of this Subsection.
9 DE Reg 1250 (02/01/06)
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Tri Gas & Oil Company, Inc. Attachment 2 - Photograph Log
September 2, 2021
Photos taken by Ingrid Hopkins
1
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc.
Inspection Date: September 2, 2021
DSCN2460 Entrance to Facility
DSCN2461 View of Facility
1
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc.
Inspection Date: September 2, 2021
DSCN2462 View of decommissioned 500,000-gallon
storage tank
DSCN2463 View of Facility Filling Station
2
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc.
Inspection Date: September 2, 2021
DSCN2464 View of small fuel tank labeled "E-5 Peninsula"
DSCN2466 View of Filling Station
3
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc.
Inspection Date: September 2, 2021
DSCN2468 View of a trench drain and oil / water separator located on
concrete slab of filling station
DSCN2469 View of oil / water separator located on concrete slab of filling
station
4
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc.
Inspection Date: September 2, 2021
DSCN2472 View of small stained area located on concrete slab of filling
station
DSCN2474 View of four operating 25,000-gallon fuel storage tanks located
within the secondary containment area
5
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2475 View of tote with a funnel located on top that appeared to contain spent oil, located on concrete slab of filling station
DSCN2476 View of "Spill Clean Up Kit" storage shed
6
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2477 View of secondary containment area containing several inches
of water
DSCN2478 View of valves for the 25,000-gallon storage tanks to connect by hose to the filling station for filling the fuel transport vehicles
7
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2479 View of valve for the 25,000-gallon storage tank to connect by hose to the filling station for filling the fuel transport vehicles
DSCN2480 View of decommissioned 500,000-gallon storage tank
8
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2482 View of storage shed containing bags of "OIL-DRI Premium
Absorbent" and spill absorbing material
DSCN2484 View of fuel tanks located on the stone area contained on a
concrete pad
9
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2486 View of wetlands area overgrowth adjacent to secondary
containment area
DSCN2487 View of vertical crack that ran the length of the secondary
containment wall
10
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2489 View of secondary containment area containing several inches
of water
DSCN2490 Storm Water Plan
11
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2492 View of Outfall 1 stormwater inlet (labeled as Outfall 8 during
the inspection)
DSCN2494 View of Outfall 1 stormwater inlet (labeled as Outfall 8 during
the inspection)
12
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2495 View of Outfall 1 stormwater inlet (labeled as Outfall 8 during
the inspection)
DSCN2496 View of Outfall 1 stormwater inlet sign (labeled as Outfall 8
during the inspection)
13
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2497 View of fuel tank located on the stone area
DSCN2500 Map of groundwater monitoring well locations located on the
wall of storage shed
14
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2501 View of groundwater monitoring well equipment located in
storage shed
DSCN2503 View of outfall location in the northeast corner of the stone lot this outfall was labeled "Outfall 7" during inspection, but later
changed to "Outfall 2"
15
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2504 View of outfall location in the northeast corner of the stone lot - this outfall was labeled "Outfall 7" during inspection, but later
changed to "Outfall 2"
DSCN2505 View of secondary containment area containing several inches
of water
16
Unique Project Identifier: 3E21WN080A
Tri Gas & Oil Company, Inc
Inspection Date: September 2, 2021
DSCN2506 View of fuel truck accessing the station for filling during the
inspection
DSCN2508 View of fuel truck accessing the station for filling during the
inspection
17
Unique Project Identifier: 3E21WN080A
Tr Gas & Oil Company, Inc. Inspection Report Attachment 3 Storm Water Plan
TRI GAS & OIL COMPANY, INC. BLADES PLANT
40 SOUTH MARKET STREET SEAFORD, DELAWARE
STORM WATER PLAN
MAY 2021
TABLE OF CONTENTS
Page
Facility Management Certification
i
I. Background ....................................................................................................1 A. Purpose.................................................................................................1 B. Facility Description..............................................................................2 C. Water Priority Chemicals Requirements..............................................2
II. Site Assessment .............................................................................................4 A. Drainage Areas and Outfalls................................................................4 1 Drainage Area 1........................................................................4 2. Drainage Area 2........................................................................4 B. Inventory of Industrial Materials .........................................................5 1. Drainage Area 1........................................................................5 2. Drainage Area 2........................................................................6 C. Inventory of Spills and Leaks ..............................................................6 D. Non-Storm Water Discharges ..............................................................7 E. Monitoring Requirements ....................................................................7
III. Industrial Material Management....................................................................9 A. Best Management Practices .................................................................9 1. General Discussion ...................................................................9 2. Good Housekeeping..................................................................9 3. Maintenance and Inspection .....................................................11 B. Structural Controls ...............................................................................13 C. Erosion Control....................................................................................13 D. Response Plans.....................................................................................14
IV. Compliance Responsibilities..........................................................................15 A. Implementation of Best Management Practices ..................................15 B. Employee and Contractor Training......................................................15 C. Annual Site Compliance Evaluation....................................................16 D. Plan Revisions......................................................................................18 E. Record Keeping ...................................................................................18 1. Spills, Leaks and Other Discharges ..........................................19 2. Inspections and Maintenance Activities ...................................19 3. Training Program......................................................................20 4. SWP Revisions .........................................................................20
FIGURES
Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10
Location Map Site Plan Visual Examination Log Storm Event Monitoring Log Clean-Up Log Visual Inspection Schedule Visual Inspection Checklist Verbal Spill Report Written Spill Report Employee Training Log
APPENDICIES Appendix A - Section 313 Water Priority Chemicals
I. BACKGROUND
A. Purpose
The discharge of storm water from the Tri Gas & Oil Company, Inc. (Tri Gas) facility (Facility) in Blades, Delaware is subject to the conditions of the Delaware Regulations Governing the Control of Water Pollution (RGCWP), Section 9 The General Permit Program, Subsection 1 - Regulations Governing Storm Water Discharges Associated with Industrial Activities, Part 1 - Baseline General Permit. The Delaware Department of Natural Resources and Environmental Control (Department) is the implementing agency for the RGCWP. The RGCWP require the Facility to develop, implement, and maintain a storm water plan (SWP) to minimize the discharge of contaminated storm water from the Facility. This document has been prepared in accordance with the RGCWP using a format provided in the EPA reference Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. Failure to comply with the provisions of the regulations may result in an enforcement action as described in Section 12 of the RGCWP as stated below:
"Pursuant to 7 Del. C. Chapter 60, the Secretary may enforce the provisions of these regulations, or any condition of any permit issued pursuant to 6003 of the Law by exercising any or a combination of the following options:
Seek a civil penalty imposed by Superior Court in accordance with 6005(b)(1) or 6005(b)(2) of the Law;
Impose an administrative penalty in accordance with 6005(b)(3) of the Law;
Endeavor to obtain voluntary compliance by way of order, warning, notice or other educational means per 6005(b)(2) and 6019 of the Law;
Compel compliance through temporary restraining order, injunction or other appropriate remedy under 6005(b)(1) or 6005(b)(2) of the Law;
Seek criminal penalties imposed by Superior Court or the courts of the justices of the peace in accordance with 6013 of the Law;
In accordance with 6018 of the Law, issue an order to cease and desist from violating these regulations or any permit condition; or
1
In accordance with 6017 of the Law, seal, any source required to have a permit which is installed, altered, used or operated without such permit or which is in violation of a cease and desist order."
B. Facility Description
The Facility is located at 40 South Market Street in Blades, Delaware as shown on Figure 1. The industrial activity at the Facility is the storage and distribution of petroleum products to residential and commercial customers. The Facility consists of a tank farm, loading and unloading rack, storage pod, pump building, and parking area for fueling trucks. The Facility is comprised of a single tax parcel covering approximately 2.77 acres as shown on the site plan provided as Figure 2. Storm water from the Facility discharges into the Nanticoke River.
The Standard Industrial Classification (SIC) code associated with the Facility is 5983 (fuel oil dealers). This SIC code is not regulated by the RGCWP. However, given the location of the Facility adjacent to the Nanticoke River and historical concerns regarding the Facility's potential for contaminating storm water runoff, the Department has assigned Sector AD of the RGCWP to the Facility. As such, the Facility is regulated by the RGCWP.
C. Water Priority Chemicals Requirements
There are special provisions in the RGCWP for certain chemicals identified in Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Section 313 requires operators of facilities that handle toxic chemicals in amounts exceeding specified threshold levels to submit to EPA and a designated state agency an annual toxic release inventory (TRI) report. The Department of Natural Resources and Environmental Control (DNREC) has concluded that facilities that handle toxic chemicals have an increased potential to degrade the water quality of receiving streams. Therefore, DNREC has established specific control requirements in RGCWP at Section 9.1.5.7.9 that apply to facilities that
2
handle Section 313 water priority chemicals. The requirements include monitoring and provisions for containment, drainage control and/or diversionary structures. Water priority chemicals include any of over 200 chemicals that have been specifically identified by EPA as especially toxic to water ecosystems. The complete list of Section 313 water priority chemicals is included as Appendix A. This list is subject to change but can be considered complete and accurate as of the effective date of the SWP. At this time, there are no Section 313 water priority chemicals exposed to storm water at the Facility. Thus, the Section 313 water priority chemical requirements of the RGCWP do not apply.
3
II. SITE ASSESSMENT
A. Drainage Areas and Outfalls
The Facility is divided into 2 storm water drainage areas. The drainage areas and respective drainage patterns are shown on Figure 2. The drainage areas have been delineated based on visual observation and Facility drawings and are described below. The industrial activity of these drainage areas, as defined in the RGCWP, is also included.
1. Drainage Area 1
Drainage area 1 collects storm water from the southwestern part of the Facility yard. The drainage area is predominantly covered with crushed stone. Storm water flows via overland flow into a catch basin that discharges into the Nanticoke River. Storm water from other sources also flow through the catch basin. Outfall 1 consists of the point at which storm water flow from the Facility enters the catch basin.
The industrial activity in drainage area 1 is fuel handling and storage.
2. Drainage Area 2
Drainage Area 2 collects storm water from the balance of the Facility yard. The drainage area is primarily covered with crushed stone, but also has a concrete pad around the truck unloading and loading rack and tank farm. Storm water from this drainage area flows into the marsh adjoining the area associated with industrial activity via overland flow through many different low-lying areas. There is no single point at which flow leaves the drainage area.
4
The industrial activity in drainage area 2 is fuel handling and storage.
The outfall must be identified with a legible outfall tag or stencil. The mechanism for identification should be attached to an outfall pipe, stenciled on an outfall pipe, or posted in close proximity of the outfall area. The identification should include the designated outfall number.
B. Inventory of Industrial Materials
According to the RGCWP, the term "industrial material" means "substances, products, or wastes that are exposed to precipitation and that can potentially contribute pollutants to storm water runoff or storm water infiltration. Materials which cannot contribute pollutants to storm water runoff are not considered "industrial materials." Industrial materials or activities include, but are not limited to: material handling equipment or activities; industrial machinery; raw materials; intermediate products; by-products; final products; or waste products, however packaged." If industrial materials are exposed to storm water runoff, the potential exists for them to be carried to a receiving stream with the storm water flow. Therefore, identification of these materials helps to determine where potential contamination exists and helps identify the need for appropriate controls to address storm water pollution prevention.
An inspection of the Facility's grounds was performed during normal working hours on March 11, 2021 to identify industrial materials exposed to storm water. Industrial material storage and handling areas exposed to storm water are described as follows:
1. Drainage Area 1
Fuel trucks are stored in this drainage area. On occasion, small amounts of fuel or leaked vehicular fluids are present on the ground. These
5
materials have the potential to contaminate storm water runoff. Windblown domestic and industrial trash are often present in this drainage area and could be carried off-site with storm water runoff.
2. Drainage Area 2
Fuel trucks are stored in this drainage area. On occasion, small amounts of fuel or leaked vehicular fluids are present on the ground. These materials have the potential to contaminate storm water runoff. Wind-blown domestic and industrial trash are often present in this drainage area and could be carried off-site with storm water runoff.
Section 9.1.5.7.2.3 of the RGCWP requires that the SWP include the yearly quantities of all industrial materials handled by the Facility. An approximation of the annual quantities of industrial materials handled at the Facility is presented as follows:
Industrial Material No. 2 fuel oil Diesel fuel Gasoline
Annual Quantity 1,300,000 gallons 700,000 gallons 800,000 gallons
C. Inventory of Spills and Leaks
EPA has defined significant spills to include releases of hazardous substances, within a 24 hour period, in excess of reportable quantities. Reportable quantities are specific amounts of substances in pounds, gallons, or other units that are listed in 40 CFR Part 117, 40 CFR Part 302, and state regulations. Releases are defined to include any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the environment. During the preparation of this document, the Risk, Compliance &
6
Training Manager reported that he has no knowledge of incidents which satisfy the reporting criteria in the past three years.
This section of the plan must be updated each time the SWP is revised and should include all spills or leaks that occurred up to three years prior to the effective date of the revision. Information to be documented should a spill or leak occur includes date, material, quantity spilled and method of clean-up.
D. Non-Storm Water Discharges
The RGCWP require discharges to the storm water system of anything other than storm water to be eliminated or be in compliance with an individual NPDES permit. Since the Facility does not have an individual NPDES permit, non-storm water discharges must be eliminated. During an inspection of the Facility on March 11, 2021, no non-storm water discharge sources were observed.
E. Monitoring Requirements
Section 9.1.4 of the RGCWP requires that all persons conducting industrial activities as defined therein to monitor the discharges of storm water associated with industrial activities. The Facility should perform and document quarterly visual inspections (examinations) of the storm water outfall (outfall 1).
The visual examinations should be made at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December. The inspections should be performed on samples resulting from a qualifying storm event. A qualifying storm event is an event that meets the following criteria:
results in runoff during daylight hours; results in at least 0.1 inches of precipitation;
7
occurs at least 72 hours from the previously measured storm event; and poses no personal safety concerns. For a qualifying rain event, samples should be collected within the first 30 minutes of when runoff or snow melt begins discharging from the Facility. A suggested visual examination log is included as Figure 3. Records of all quarterly visual examinations should include the following: the date, outfall location, and time of examination; the name of the individual(s) who performed the examination; the nature of the discharge (i.e. runoff or snow melt); visual quality of the storm water discharge (including observations of color,
odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen and other obvious indicators of storm water pollution); and probable sources of any observed storm water contamination.
8
III. INDUSTRIAL MATERIAL MANAGEMENT
A. Best Management Practices
1. General Discussion
This section provides recommendations for Best Management Practices (BMPs) that have been identified as appropriate for preventing or minimizing pollutant loadings in storm water discharges from the site. The practices presented in this chapter are based on analysis of the potential pollutant sources identified in Chapter II. BMPs are a very broad class of measures and may include processes, procedures, schedules of activities, prohibitions on practices, or capital improvements to prevent or minimize storm water pollution.
The following categories of BMPs apply to the Facility:
good housekeeping; maintenance and inspection; employee training; and record keeping.
Each of these practices is discussed in the remaining sections of this chapter. Employee training and record keeping are not given separate sections, but rather, are incorporated where appropriate throughout this chapter and discussed further in Chapter IV.
2. Good Housekeeping
A clean and orderly work area reduces the potential for accidental spills and minimizes industrial materials that may be exposed to storm water. The
9
primary responsibility for the housekeeping program rests with each Facility. Oversight inspections should be performed by the Seaford District Manager or his designee.
Housekeeping programs address specific measures aimed at reducing the probability of storm water mixing with pollutants. Such measures include maintenance of Facility grounds, material storage practices, material inventory controls, and educational programs for employees.
a. Industrial Material Clean-Up
All drainage areas should be kept free of potential storm water pollutants. This can be accomplished by implementing a clean-up inspection program to afford a site relatively free of industrial materials. This program should be documented with a clean-up log. The log should indicate when clean-up occurs, the quantity of material that is removed and methods of disposal. Figure 5 is a suggested format for the clean-up log that can be customized by Facility personnel. Clean-up should include maintaining clean ground surfaces by 1) routinely removing debris and waste from the Facility as it is observed during routine inspection and 2) picking up and disposing of garbage and waste material regularly.
For the Facility, the clean-up program should be directed at the following:
regularly inspecting the areas; removing trash and debris littering the ground; regularly cleaning the containment dike; and regularly cleaning the loading / unloading area concrete pad.
10
b. Educational Programs
Frequent and proper training of employees in good housekeeping techniques reduces the probability that chemicals or equipment will be spilled. Section 9.1.5.7.6 of the RGCWP requires Facility employees and contractor personnel that work in areas where industrial materials are used or stored to be appropriately trained. Pollution prevention program training must be conducted not less than once per year as identified in Chapter IV.
Motivating employees to reduce waste generation is an important pollution prevention technique. Practices for involving employees in good housekeeping are as follows:
incorporate information sessions on good housekeeping practices into the Facility's employee training program;
discuss good housekeeping at employee meetings; publicize pollution prevention concepts through posters; and post bulletin boards with updated good housekeeping
procedures, tips, and reminders.
Posters on pollution prevention and good housekeeping procedures may be purchased from suppliers or developed by the Seaford District Manager, or his designee, using the information contained in this document.
3. Maintenance and Inspection
The purpose of this section is to identify visual inspection procedures that enable personnel to identify conditions that may result in pollution of storm
11
water runoff. When such a condition is identified, response actions will be necessary to correct this item. Employees carrying out the visual inspection program must be properly trained, familiar with the storm water pollution prevention program, and knowledgeable of proper record keeping and reporting procedures. Training and record keeping procedures are presented in Chapter IV.
The following areas should be inspected by the Seaford District Manager, or his designee, to ensure that processes and equipment are working well and that spills, leaks, and refuse will not be exposed to runoff:
areas where spills and leaks have occurred in the past; outside material storage areas; and material loading, unloading, and transfer areas.
Specific inspections and their scheduled frequency are detailed in the visual inspection schedule provided as Figure 6. A suggested inspection checklist is included as Figure 7. The schedule and checklist shall be updated as necessary to include future equipment and systems with potential for polluting storm water runoff. Checks for the following deficiencies should be examined in each visual inspection:
corroded or damaged tanks, tank supports, and tank drain valves; corroded or leaking pipes; leaking or improperly closed valves and valve fittings; leaking pumps or hose connections; and wind-blown dry materials.
Proper security of the Facility grounds and significant storage areas is an important consideration in the prevention of discharges of industrial materials. The Facility has security fencing to restrict access from South
12
Market Street. The Nanticoke River with adjoining dense vegetation and marsh provide a natural security barrier on the remaining sides. An access gate is locked closed at all times when the Facility is not occupied. Ample lighting is provided to illuminate storage areas. These actions deter unauthorized personnel from having access to industrial material storage areas and will reduce the risk of having situations that could possibly lead to a spill incident. Continued use of security measures is emphasized by the Facility management. Security measures are evaluated periodically to assure that methods remain valid and effective.
B. Structural Controls
The truck loading and unloading area is contained by a curbed concrete pad. The pad has a trench drain with a sump pump that automatically pumps any accumulated liquid into the tank farm adjacent to the pad.
The tank farm is contained by a concrete dike. Any accumulated liquid within the dike is to be inspected for oil sheen prior to being manually pumped out of the dike.
No additional structural controls are necessary for the Facility.
C. Erosion Control
There is little potential for soil erosion at this Facility. The Facility is primarily covered with crushed stone, concrete or marsh. Other portions of the Facility are covered with vegetation. Vegetation reduces the soil's potential to erode. There is no need for additional erosion control practices at the Facility.
13
D. Response Plans Tri Gas has an oil Spill Prevention, Control and Countermeasure Plan (SPCC), dated May 17, 2021, for the control oil discharges. The SPCC plan is incorporated into this Storm Water Plan by reference.
14
IV. COMPLIANCE RESPONSIBILITIES
At the Facility, the Seaford District Manager is responsible for the development, implementation, maintenance and revision of the SWP. As of the date of this document, the Seaford District Manager is Mr. Alan Selser. Mr. Selser's phone number and work address are as follows:
Mr. Alan Selser Seaford District Manager Tri Gas & Oil Company, Inc. 40 South Market Street Seaford, Delaware 19973 (302) 493-7552
A. Implementation of Best Management Practices
Four essential elements necessary to successfully implement Best Management Practices are as follows:
1. development of a detailed implementation schedule (if necessary); 2. assignment of specific individuals with responsibility for implementing
aspects of the plan or monitoring their implementation (or both); 3. management approval of the implementation schedule and strategy; and 4. regularly scheduled implementation progress reports to management.
B. Employee and Contractor Training
Employee training is essential to the effective implementation of the SWP. The goal of the training program is to teach personnel, at all levels of responsibility, the components and goals of the SWP. Properly trained employees are more capable of preventing spills, responding safely and effectively to accidents, and recognizing
15
and minimizing potential pollutant sources of storm water. Pollution prevention program training must take place annually at a minimum and include good housekeeping. Contractors working in areas that contain industrial materials must be informed of their responsibilities to meet the requirements of the SWP.
Facility personnel must receive training on how to maintain a clean and orderly work environment and how to carry out the adopted procedures of the housekeeping program for their specific area. Formal training sessions should be scheduled for all new employees. Ongoing training should be implemented through routine employee meetings. The good housekeeping training programs should emphasize the following points.
notify the Seaford District Manager of the presence of spilled materials and promptly clean up spilled materials;
identify places where good housekeeping and spill response equipment is located;
discuss updated procedures and report on the progress of practicing good housekeeping; and
provide instruction on frequently checking for leaks and spills.
C. Annual Site Compliance Evaluation
The Seaford District Manager, or his designee, responsible for conducting an annual site compliance evaluation. In order to conduct the annual site compliance evaluation, the Seaford District Manager must be familiar with the Facility's operations and the SWP goals and requirements.
The annual site compliance evaluation must provide the basis for evaluating the overall effectiveness of the SWP. The specific goals of the evaluation must be to verify that the description of potential pollutant sources contained in the SWP is accurate, that the site plan is accurate or has been updated to reflect current
16
conditions, and that the controls identified in the SWP to reduce pollutants in storm water discharges are accurately identified, in place, and working. The evaluation must also identify where new controls are needed so that they may be implemented and incorporated into the SWP.
In conducting annual site compliance evaluations, the Seaford District Manager, or his designee must:
1. Review the SWP and develop a list of those items that are part of material handling, storage and transfer areas covered by the SWP.
2. List all spill clean-up and control equipment and containment structures in areas covered by the SWP.
3. Review Facility operations for the past year to determine if any drainage areas were modified so as to require modification of the SWP.
4. Inspect storm water drainage areas for evidence of pollutants entering the drainage system.
5. Inspect storm water outfalls for the presence of non-storm water discharges. 6. Evaluate the effectiveness of measures to reduce pollutant loadings and
whether additional measures are needed. 7. Observe structural measures, sediment controls, and other storm water
BMPs to insure proper operation. 8. Inspect any equipment needed to implement the SWP such as spill response
equipment. 9. Revise the SWP as appropriate. Revisions must include, but not be limited
to, changes and additions to potential pollutant source descriptions and descriptions of BMPs, where appropriate. 10. Implement any changes to the SWP. Where capital improvements are necessary, Facility management must establish an implementation schedule for completing the improvements. This schedule must be included as part of the revised SWP. 11. Prepare a report summarizing the evaluation results, follow-up actions, the
17
date of the evaluation, and personnel who conducted the evaluation. All incidents of non-compliance must be documented in the evaluation report. If there are no incidents of non-compliance, the evaluation report must contain a certification that the Facility is in compliance with the SWP. The report must be signed by the Seaford District Manager and maintained with the SWP. Reports must be retained for at least three years.
D. Plan Revisions
For the SWP to be effective, it must accurately represent Facility features and operations. When modifications in design, construction, operation, or maintenance have a significant impact on the potential for discharging pollutants in the storm water, the SWP must be modified to reflect the changes and new conditions. The SWP modification must consider additional or alternative BMPs. Should the evaluation reveal that existing controls are not effective in controlling storm water contamination, the Risk, Compliance & Training Manager is responsible for verifying that the existing SWP is functional and for the preparation of necessary revisions.
If notified by DNREC that the SWP does not adequately address the requirements of the RGCWP, the Risk, Compliance & Training Manager should verify the claim, amend the SWP. If the DNREC claim is deemed accurate, the amended SWP should be submitted to DNREC within the time specified in the notice. The notification from DNREC will list or describe the deficiencies of the SWP. DNREC may grant additional time for amending a SWP. Should the Risk, Compliance & Training Manager dispute the claim, he should communicate with DNREC to resolve the issue.
E. Record Keeping
Keeping records of and reporting spill events that occur on site is an effective way
18
of tracking the progress of the pollution prevention efforts. Analyzing records of past spills, for example, can provide useful information for developing improved BMPs to prevent future spills of the same kind. Record keeping and internal reporting represent good operating practices because they increase the effectiveness of the SWP.
The Seaford District Manager must compile and maintain records as described herein. Such records must be maintained for a period of five years.
1. Spills, Leaks, and Other Discharges
All reporting of release incidents should be conducted and documented according to the format of the release report forms provided as Figures 8 and 9, respectively. Figure 8 is used for verbal telephone reporting. Figure 9 supplements the information on Figure 8 so that both form a written report for the release. It is very important that release reporting to the appropriate agencies be done as soon as the release is discovered even if it is necessary to later follow-up with the required data identified in Figure 9. Figure 8 and Figure 9 have the same content as Attachments I and J, respectively, from the Spill Prevention, Control and Countermeasure Plan.
2. Inspection and Maintenance Activities
A record keeping system must be implemented to document all inspections including routine clean-up, visual inspections, analytical monitoring and annual site compliance evaluations. Figures 5 and 7 can be used to document clean-up and visual inspections. Documenting all inspections whether, simple or detailed, is a good preventive maintenance technique because analysis of inspection records allows early detection of potential problems. Record keeping also provides a database that may be used to improve the BMP program after inspection records have been analyzed.
19
3. Training Program A training program record must be maintained to document all training related to the SWP. A sample record form is provided as Figure 10 and must be maintained by the Risk, Compliance & Training Manager. The Risk, Compliance & Training Manager must also regularly evaluate the effectiveness of the training efforts.
4. SWP Revisions The SWP will be periodically revised as described in Section D of this chapter. The revised SWP should be dated and filed by the Risk, Compliance & Training Manager with all previous versions of the SWP.
20
FIGURES
$
FACILITY LOCATION
Date: 05/2021 SCALE: AS SHOWN
PROJECT NO. 13000.EB SHEET: A-1
0
FIGURE 1
LOCATION MAP TRI GAS & OIL COMPANY, INC.
BLADES FACILITY SEAFORD, DELAWARE
2,000
4,000
6,000
Copyright: 2013 National Geographic Society, iF-ceubeetd
DESIGNED BY: KLS
DRAWN BY: KLS CHECKED BY: BL
FILE: 13000EB_A1.mxd
5400 LIMESTONE ROAD WILMINGTON, DE 19808-1232 TEL. (302)239-6634 FAX (302)239-8485
OFFICES IN PENNSYLVANIA, SOUTHERN DELAWARE, MARYLAND AND NEW JERSEY
EMAIL: DUFFIELD@DUFFNET.COM
$ 5400 LIMESTONE ROAD WILMINGTON, DE 19808 TEL. (302)239-6634 FAX (302)239-8485 OFFICES IN DELAWARE, MARYLAND, PENNSYLVANIA, AND NEW JERSEY
E-MAIL: DUFFIELD@DUFFNET.COM
FIGURE 2
SITE PLAN TRI GAS & OIL COMPANY, INC.
BLADES FACILITY SEAFORD, DELAWARE
OUTFALL 1
DRAINAGE AREA 1
DRAINAGE AREA 2
BASEMAP: AERIAL DRAWN BY: KLS
CHECKED BY: BL
FILE: 13000EB_SitePlan.mxd
Legend
SITE BOUNDARY
DRAINAGE AREA DIRECTION OF STORM WATER RUNOFF 0
45
90
180 Surdex Corp,F2e0e17t
DATE: MAY 2021
SCALE: AS SHOWN DUFFIELD PROJECT NO. 13000EB
FIGURE 2
VISUAL EXAMINATION LOG
Outfall Runoff or Date Time No. Snow Melt)
Describe Quality of Storm Water
Indicate probable sources
Inspector
FIGURE 3
STORM EVENT MONITORING LOG
Storm
Duration Between
Total
Event
Current Storm
Discharge
Storm Rainfall Generated Event and End of
Volume
Length Amount Runoff
Previous Storm
Sampled
Date
(hours) (inches) (gallons)
Event (hours)
(gallons)
FIGURE 4
CLEAN-UP LOG
Date
Material
Method of Clean-Up
Employee's Signature
FIGURE 5
VISUAL INSPECTION SCHEDULE
General Outdoor Area
Inspect All areas Grassed areas Catch basins and drains Areas where spills have occurred in the past Material storage areas All areas All products handled
Aboveground Storage Tanks
Inspect Containment dike Valves, fill lines, and vents Aboveground storage tanks Damaged tanks, tank supports, and drain valves
Loading and Unloading Area
Inspect Loading and unloading rack Corroded or leaking pipes Leaking or improperly closed valves or fittings Leaking pumps or hose connections Drainage systems Curbing or other storm water diversion structures
For Spilled materials Bare spots or soil erosion Debris or clogging Signs of spillage Spill potential Wind-blown dry materials Water priority chemicals
For Cracks or damage, signs of leakage Signs of damage Signs of leakage Signs of damage
For Signs of leakage Signs of leakage Spill potential Spill potential Accumulation of debris, blockage Damage
Weekly X
X
Frequency Monthly
X X X
Quarterly X
X
Weekly X
Frequency Monthly X X
X
Quarterly
Weekly X
X X
Frequency Monthly X
X
Quarterly X
FIGURE 6
VISUAL INSPECTION CHECKLIST
General Outdoor Area
Inspect All areas Grassed areas Catch basins and drains Areas where spills have occurred in the past Material storage areas All areas All products handled
Aboveground Storage Tanks
Inspect Containment structures Valves, fill lines, and vents Aboveground storage silos Damaged tanks, silo supports, and drain valves
Loading and Unloading Area
Inspect Loading and unloading rack Corroded or leaking pipes Leaking or improperly closed valves or fittings Leaking pumps or hose connections Drainage systems Curbing or other storm water diversion structures
For Spilled materials Bare spots or soil erosion Debris or clogging Signs of spillage Spill potential Wind-blown dry materials Water priority chemicals
For Cracks or damage, signs of leakage Signs of damage Signs of leakage Signs of damage
For Signs of leakage Signs of leakage Spill potential Spill potential Accumulation of debris, blockage Damage
Signature _________________________ Date ___________ Printed Name: ______________________________________
ACCEPTABLE ?
YES
NO
COMMENTS / ACTION NEEDED
ACCEPTABLE ?
YES
NO
COMMENTS / ACTION NEEDED
ACCEPTABLE ?
YES
NO
FIGURE 7
VERBAL SPILL REPORT
A REPORTABLE QUANTITY IS EITHER A RELEASE OF 25 GALLONS TO ANY MEDIA OR A DISCHARGE THAT CAUSES A SHEEN ON SURFACE WATER
1. PETROLEUM PRODUCT RELEASE TO SURFACE WATER, NOTIFY:
NRC USCG DNREC
(800) 424-8802 (215) 271-4881 (800) 662-8802
DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM)
2. PETROLEUM PRODUCT RELEASE TO GROUND, NOTIFY:
NRC DNREC
(800) 424-8802 (800) 662-8802
DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM)
3. HAZARDOUS MATERIAL RELEASE GREATER THAN RQ, NOTIFY:
NRC LEPC SERC DNREC
(800) 424-8802 (302) 855-7801 (302) 659-3362 (800) 662-8802
DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM) DATE_______AT_______ (AM/PM)
CALL IMMEDIATELY EVEN IF ALL OF THE FOLLOWING INFORMATION IS NOT AVAILABLE
1. THIS IS ________________ FROM ___________, TELEPHONE NUMBER_______________. 2. I AM CALLING TO REPORT A SPILL ____ RELEASE ____ FIRE ____ EXPLOSION_____
OTHER (EXPLAIN) _____ AT OR FACILITY LOCATED AT _________________________. 3. THE MATERIAL INVOLVED IS ________________ CAS NUMBER ____________. 4. THE AMOUNT INVOLVED IS ________________. 5. THE MATERIAL IS _____ IS NOT _____ AN EXTREMELY HAZARDOUS SUBSTANCE. 6. THE MATERIAL IS A GAS _____ LIQUID _____ SOLID _____. 7. THE DISCHARGE WAS TO THE LAND _____, WATER _____, AIR _____ OTHER _____
(EXPLAIN)____________________. 8. THE INCIDENT BEGAN AT ______ AND IS ONGOING _____ OR TERMINATED AS OF
______________ (TIME) ON ________________ (DATE). 9. THE INCIDENT IS _____ IS NOT _____ AFFECTING A WATERWAY _________ (NAME OF
WATERWAY). 10. THERE ARE _____ ARE NOT _____ INJURIES. NUMBER _____. 11. THE POTENTIAL HEALTH AND ENVIRONMENTAL HAZARDS OUTSIDE THE FACILITY
ARE ______________________________________. 12. WE ARE TAKING THE FOLLOWING PRECAUTIONS:______________________________. 13. THIS REPORT IS _____ IS NOT _____ COMPLETE WITH MORE INFORMATION TO FOLLOW
WITHIN 24 HOURS.
FIGURE 8
WRITTEN SPILL REPORT
COMPLETE THE FOLLOWING AND SUBMIT WITH THE VERBAL SPILL REPORT
1. COMPLETE NAME AND ADDRESS OF THE FACILITY WHERE THE RELEASE OCCURRED:________________________________________________________________________ _________________________________________________________________________.
2. FACTORS CONTRIBUTING TO THE RELEASE INCLUDED THE FOLLOWING: ____________________________________________________________________________________ ________________________________________________________________________.
3. QUANTITY RELEASED: ____________ DURATION OF RELEASE:____________________. METHOD USED TO DETERMINE QUANTITY RELEASED: _________________________.
4. ACTIONS TAKEN TO RESPOND, CONTAIN, CLEANUP, AND DISPOSE OF THE SPILLED MATERIAL IS DESCRIBED ON ATTACHMENTS TO THIS FORM. (ATTACH)
5. ATTACHED IS A SKETCH SHOWING THE PATHWAY THROUGH WHICH THE DISCHARGE TO THE ENVIRONMENT OCCURRED. AFFECTED MEDIA AND ORGANISMS ARE ALSO DEPICTED. (ATTACH)
6. KNOWN OR ANTICIPATED HEALTH EFFECTS OF THE RELEASE ARE AS FOLLOWS: ______________________________________________________________________________.
7. TOTAL INJURIES RESULTING FROM THE RELEASE: _______. 8. TOTAL HOSPITALIZATIONS RESULTING FROM THE RELEASE: _____. 9. ADDITIONAL ADVICE TO EXPOSED INDIVIDUALS WAS _____ WAS NOT _____
NECESSARY. ADVICE GIVEN WAS: ____________________________________________. 10. ALL PERTINENT PREVENTION AND RESPONSE PLANS WERE REVIEWED AND IT WAS
CONCLUDED THAT NO _____ THE FOLLOWING _____ CHANGES WERE NECESSARY: _________________________________________________________________. 11. MEASURES TO BE TAKEN TO PREVENT A DISCHARGE OF THIS TYPE IN THE FUTURE ARE: ____________________________________________________________________________________ ____________________________________________________________________________________ __________________________________________________________________. 12. AN INCIDENT INVESTIGATION WAS PERFORMED BY A TEAM CONSISTING OF THE FOLLOWING PERSONNEL: ____________________________________________________________________________________ ________________________________________________________________________.
I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH THE INFORMATION SUBMITTED AND BELIEVE THAT THE SUBMITTED INFORMATION IS TRUE, ACCURATE AND COMPLETE.
SIGNATURE OF REPORTING REPRESENTATIVE
DATE
____________________________________________
___________
FIGURE 9
EMPLOYEE TRAINING LOG
Date
Training Program / Topic
Attendees
FIGURE 10
APPENDICES
Tr Gas & Oil Company, Inc. Inspection Report Attachment 4 Visual Inspections
Tr Gas & Oil Company, Inc. Inspection Report Attachment 5 Routine Inspections
Tri Gas & Oil Company, Inc. Inspection Report Attachment 6
Tri Gas Modified Outfall Photos and SWP Map