NCS000444_Lowell NOV-2020-PC-0093_20200218

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City of Dowell
Attention: KCvfln : r-itise, City N/1aRi1i?el-
101 West first Street
Dowell, North Carolina 28098
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rm—q You City of Dowell
$ Attention: Kevin KioUSC, City Manager
a Sef1 101 West First Street
o srie Dowell, North Carolina 28098

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
City of Lowell
Attention: Kevin Krouse, City Manager
101 West First Street
Lowell, North Carolina 28098
NORTH CAROLINA
Environmental Quality
February 18, 2020
70161370 0000 2591 9854
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0093)
City of Lowell
NPDES MS4 Permit No. NCS000444
Gaston County
Dear Mr. Krouse:
On October 30, 2019, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the City of Lowell National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your reference, a copy of the
MS4 Program Audit Report issued by DEQ is enclosed with this notice. This report lists and
describes the serious deficiencies with certain components of the MS4 permit, which constitutes a
violation of the Clean Water Act and is grounds for enforcement action.
In accordance with Part VI of the permit and DEQ policy, a -new 5-year MS4 permit will be issued in
response to the audit. To address the MS4 permit deficiencies, the City of Lowell
is required to complete the following actions:
(1) Respond in writing within thirty (30) calendar days from the date of receipt of this notice to
acknowledge these requirements and the intent to comply.
(2) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of this
notice. The resolution must declare support for a compliant stormwater management
program. A sample council resolution with the minimum requirements is enclosed with this
letter. An original signed document must be submitted to DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120) calendar
days from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with
the permit conditions found in Part II Section B: Public Education and Outreach;
Section C, Public Involvement and Participation; Section D: Illicit Discharge
Detection and
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
D E Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROLINA
704.663.1699

Notice of Violation
City of Lowell (NCS000444)
February 18, 2020
Page 2 of 3
Elimination; Section E: Construction Site Runoff Controls; Section F: Post -
Construction Site Runoff Controls; Section G: Pollution Prevention and Good
Housekeeping; Section H: Total Maximum Daily Loads. The self -audit must be
documented utilizing the DEQ standard MS4 Permit Compliance Audit Report
Template.
b. Develop a Draft Stormwater Management Plan (SWMP) which details specific
actions, measurable goals, and implementation timelines to bring the stormwater
management program into compliance with NPDES MS4 requirements over the new
5-year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4
SWMP Template. The SWMP must address all known compliance deficiencies
including, at a minimum, the items detailed in the DEQ MS4 Program Audit Report
and the City of Lowell self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ
concurrence that the submitted Draft SWMP documents a compliant stormwater management
program. A new 5-year NPDES MS4 permit will be public noticed along with the submitted
SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Zahid.khandancdenr.gov or to:
DEQ-DEMLR Stormwater Program
Attention: Zahid S. Khan, Regional Engineer
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
If the City of Lowell fails to meet the aforementioned requirements and/or submits a significantly
noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section
A.1(c) of the permit:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25, 000)
per violation may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit [North Carolina General Statute 143-
215.6A]. Please note that compliance with the requirements of this NOD andlor issuance of
civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its
own enforcement case against the permittee.

Notice of Violation
City of Lowell (NCS000444)
February 18, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact Zahid
Khan at [phone] or zahid.khan;cuncdenr.gov.
Sincerely,
Zahid Khan, CPM, CPESC,, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (October 30, 2019, City of Lowell)
Copy of NPDES MS4 Permit No. NCS000444
Sample Council Resolution
cc: Annette Lucas, PE Stormwater Program Administrator
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File