NCS000585_MS4 Admin_NSW MS4 Memo_20181130

ROY COOPER
Governor
MICHAEL S. REGAN
Secremry
WILLIAM E. (TOBY) VINSON, JR.
lnterim Director
NORTH CAROLINA
Environmental Quality
MEMORANDUM
TO: NPDES MS4 Permittees Subject to euse & Tar -Pamlico NSW Urban Stormwater Requirements
FROM: William E. Toby Vinson, Jr
DATE: November 30, 2018
SUBJECT: Utilizing NSW Programs to meet NPDES MS4 Permit Requirements
Cc: Stormwater Program
Nonpoint Source Planning
It has come to the attention of Division of Energy, Mineral and Land Resources (DEMLR) that some National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permitted
municipalities may be erroneously relying upon NSW Urban Stormwater Program implementation and/or
documentation to meet all of their NPDES MS4 Permit requirements.
Under Session Law 2006-246, Neuse and Tar -Pamlico NSW programs are deemed compliant with NPDES MS4
post -construction site runoff control requirements in the areas where the NSW Program is implemented and is
in compliance. This law also provides that a federal, state or local government must comply with the
requirements of a county or city stormwater control ordinance unless the entity has its own NPDES stormwater
permit.
NPDES MS4 permits require a comprehensive Stormwater Management Program that addresses all pollutants
of concern, not just nutrients, through six minimum control measures which are implemented throughout the
permitted area:
1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Controls
5. Post -Construction Site Runoff Controls
6. Pollution Prevention and Good Housekeeping for Municipal Operations
Each MS4 must have a current Stormwater Management Plan (SWMP) which provides the details of the
NPDES-compliant stormwater management program to be implemented during the permit term. The SWMP is
an enforceable part of the permit and must address all six minimum measures, as well as specific
requirements for program administration, documentation and annual reporting. Appropriate NSW program
elements can be utilized to comply with NPDES MS4 permit requirements. However, post construction site
runoff control is the only MS4 component that a compliant NSW Program automatically meets.
If your MS4 is utilizing NSW program requirements to meet NPDES post construction site runoff control or other
NPDES requirements, it is recommended that your SWMP clearly state the reliance on the appropriate NSW
program component(s) and provide sufficient information to demonstrate that the NSW Program:
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200

• Complies with the NSW urban stormwater management requirements, and
• Is implemented throughout the entire MS4 permitted area.
Where the NSW program requirements are not implemented throughout the entire permitted MS4 area, the
SWMP should document the other program(s) that apply.
Please note that this information is specifically reviewed as part of any NPDES Phase II MS4 Permit compliance
audit; and the reliance on NSW program elements makes those elements an enforceable part of the NPDES
MS4 permit. The significant differences between the NSW and MS4 programs are summarized in Table 1
below.
Table 1: Comparison of NSW and NPDES MS4 Program Requirements
NSW Requirements
NPDES MS4 Requirements
State program
Federal program
State compliance and enforcement
State and/or Federal compliance and enforcement
General requirements to submit an NSW plan for
Specific requirements to comply with all permit
EMC approval
conditions
Requires an NSW annual report submittal
Requires an MS4 annual report submittal
Nutrient management program
Comprehensive stormwater management and
pollution prevention program
Does not apply to state and federal property such as
Applies to state and federal property such as
universities, buildings, etc. unless being utilized to
universities, buildings, etc.
meet NPDES MS4 requirements
Failure to comply may result in issuance of an
Failure to comply may result in civil penalties up to
NPDES MS4 Permit
$37,500 per day for each violation, criminal
penalties, and/or imprisonment
While NSW Reports have been accepted by DEMLR to meet NPDES MS4 reporting requirements in the past,
this practice does not meet the NPDES MS4 program requirements and puts the MS4s at risk of non-
compliance with their NPDES MS4 permit. Beginning in 2019, DEMLR will no longer accept NSW Annual
Reports as the sole NPDES MS4 Permit annual reporting documentation. Permitted MS4s have two options
for meeting required NSW and NPDES MS4 annual reporting requirements:
1. Submit a single NPDES MS4 annual report that includes the NSW Program reporting requirements
(this single report satisfies both program(s requirements), or
2. Submit both an NSW Program annual report and an NPDES MS4 annual report to DEMLR. If desired,
the MS4 annual report can reference specific applicable sections of the NSW Program annual report.
EPA is currently in the midst of a statewide NPDES Phase II MS4 compliance and enforcement initiative. This
initiative is resulting in significant NPDES MS4 Permitting Program restructuring and includes ongoing NPDES
MS4 permit compliance audits and enforcement of violations. Each MS4 will be audited by either EPA or
DEMLR at least once per permit term. Standard MS4 reporting tools are being developed by DEMLR and
associated training for MS4s will be available in February/March of 2019.
For current NPDES MS4 Permitting Program information, please visit the DEMLR MS4 web page which is
updated frequently. Informational a -mails are also sent to the permitted MS4s. If you would like to be added
to the e-mail distribution list, have MS4 questions or need MS4 permit assistance, please contact:
Jeanette Powell, MS4 Program Coordinator
i ea n ette. D owe I I@ n cd e n r. eov
[phone]
https://deq.nc gov/aboWdivisions/energy-mineral-land-resources/energyminemi-land-permits/stormwater-permiWnpdes-ms4
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200