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HomeMy WebLinkAboutNCS000445_OTHER_20060228STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. /vc o U DOC TYPE 0 FINAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION OPLIANCE THER DOC DATE ❑ ;1C� YYYYMMDD W A rf�pG 6 y Facility Name: NPDI S Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: . Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date) DOCUMENTS REVIEWED Michael F, rasley, Governor William G. [toss Jr., Secretary North Carolina Depannient of'Environmenl and Natural Resources Alan W. Klimek, 11. G Director Division of Water Qualily Coleen 11. Sullins,'Deputy Director Division of Walcr Quality STAFF REVIEW AND EVALUATION NPDES Stormwaier Permit Town of Wrightsville Beach NCS000445 Town of Wrightsville Beach Municipal Separate Storm Sewer System Howe Creek, the Intracoastal Waterway, Bradley Creek, Hewlett Creek, Lees Cut, Molts Channel, and Banks Channel Cape Fear SA, ORW, SC, SB, HQW See attached draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable April 13, 2006 NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 11, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature): Stormwater and General Permits Supervisor Concurrence by Regional Offic � Yy c�1.C�(. �CC� �.1/'/ •_%c"%� Water Quality Supervisor Date 7�12GO6 Dater Z.oa 6 Date Date N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 •vA'tw NO ENR Customer Service 1-877-623.6748 F WATF Michael F. Easley, Governor 9 William G. Ross Jr., Secretary `0 QG North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P. E. Director 3 Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality February 17, 2006 Ms. Andrea Surratt, Town Manger Town of Wrightsville Beach 321 Causeway Drive P.O. Box 626 Wrightsville Beach, North Carolina 28480 Subject: Draft NPDES Permit Number NCS000445 Dear Mr. Pagley: Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the Town of Wrightsville Beach. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase H permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase 11 Permits and the existing State Coastal Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase 11 Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. AN"A yCl7> h N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 (919) 733-7015 Customer Service 1-877-623-6748 • We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. Sincerely, 1;�� �- )jz, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc: Stormwater and General Permits Unit Wilmington Regional Office 0 • STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000445 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by t Management Commission, and the Federal Water Pollution Control Town of Wrightsville is hereby authorized to discharge stormwater from their within the Town of Wr New to receiving waters, Howe Creek, the Motts Channel, and Banks Channel, limitations, monitoring requirements VEIL hereof. This permit shall become effective Month Day, Year. J ronmental storm sewer system located: Area ►y, Bradley Creek, Hewlett Creek, Lees Cut, River Basin in accordance with the discharge set forth in Parts I, Q, III, IV, V, VI, VII and This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission • 0 PERMIT NO. NCS000445 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS. FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPA•TION�, , t SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION Aki 4 SECTION E: CONSTRUCTION SITE RUNOFF CONTRO S,' SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS Af SECTION G: POLLUTION PREVENTION AND G.00D`HOUSEKEEPING FOR MUNICIPAL OPERATIONS F PART III PROGRAM ASSESSMENT'z' PART IV REPORTING AND RECORD DKEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS u 0 e PERMIT NO. NCS000445 PART 1 . PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Wrightsville Beach is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Howe Creek, the Intracoastal Waterway, Bradley Creek, Hewlett Creek, Lees Cut, Motts Channel, and Banks Channel, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the,permittee's Phase II Municipal NPDES Stormwater Permit Application, NPDES Stonwater Permit Application Comprehensive Stormwater Management Program Report and,any aed modifications. Q Yp 2. All discharges authorized herein shall be adequately managedon accordance with the terms and conditions of this permit. Any other point source discharge a surface waters of the state is prohibited unless it is an allowable non-stormwater discharg o`r'is covered by another permit, authorization, or approval. 11 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local,law, rule standard; o dinance, order, judgment, or decree. 4. This permit covers activities associateQ�yith the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as d 6scribed in the approved local Stormwater Plan to control potential pollution from the MS4�The permit applies to current and future jurisdictional areas of the permittee, as well"as areasothat seek coverage under this permit through inter -local or other similar agreements withiperinittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority.of Section 402(p) of the Clean Water Act and implementing regulations 40 CPR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004- 163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. Part I Page I of 2 PRIT NO. NCS000445 • - s 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) (b) 9 Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: A water line flush landscape irrigE diverted stream rising groundw� uncontaminatec uncontaminatec discharges fron foundation drai air conditionin€ irrigation water .0200); springs; water from crai footing drains; lawn watering; residential and flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; flows from emergency fire fighting. in 15A NCAC 2H The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 • 0 PERMIT NO. NCS000445 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisionssof the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in�cordance with the schedule outlined in the Stormwater Plan. 1,1 The permittee's Stormwater Plan will be impler pollutants from the MS4 is reduced to the maxis order to meet this provision, implementation of given to priority areas and to management mess efficient at varying stages of the plan's imps Al e The permittee will implement the' maximum extent practicable, illici aged such that the discharge of ticable. It is anticipated that in Plan will occur with emphasis ms that are most effective and ;the Stormwater Plan to prohibit, to the spills and illegal dumping into the MS4. 4. The permittee will imp lement+provisionff the Stormwater Plan as appropriate to monitor and assess the performance of the c marious management measures that are a part of the Stormwater Plan. This will include the pl or ns of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. b. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge pernvt and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must,be submitted to the Director for approval. Page 1 of 10 • PAIT NO. NCS000445 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the Abiectiveso%the Eublic Education and Outreach Program and shall notify the Division prior to modification of any-'g`oals. ;,r i ii BMP� ` kY i • fzMeasur'able Goals <'rYR�YR ' Y } , -. 42. 5R4YR (a) Establish a Public Develop a public education progra nVand X X Education and Outreach implement within 12,months of thre permit Program issue date. Incorporate outreach elements for .�.�� significat,nortyand disadvantaged communities? .Develop -.-'and establish a plan to x,Vim., , set up regional CoopeA ive or establish educational partnerships to accomplish educational goals. (b) Informational Web Site Develop and,ilaintain internet web site. Post X X X X newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X materials for schools, material to appropriate target groups as likely homeowners, and/or to have a significant stormwater impact. businesses Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Educational curriculum. Possibilities include, developing educational X curriculum, presentations, and holding teacher workshops and presentations. (e) Public education material Distribute written educational material to a X X X X dissemination broad public audience. Possibilities include, but are not limited to utility mailouts, special events, and educational signs, creating a Green Business Program and Green Yard Programs or partnering with existing rogram, holding seminars. (f) Public Service Develop and/or submit PSAs X Announcements Page 2 of 10 • PERMIT NO. NCS000445 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meei the objec li ' s�of the Public Involvement and Participation Program and shall notify the Division to;modific anon of any goals. WAR',wsu�a.�#a��''� V }C� AT ' .€'- la. �:-�irr'S" .1 ".,M* easurable Goals T _YR 'Alp1 µ1 Yp� l { , � �} to '..pk.?,,wW 4 SR CE�� �d RAJ �Y^' �, c1 NT! d - YR YR� L YR YR' +x �-41- s?W','F'"i*P Y'af'AA I- T 41 i.. t. � :2 .1 ?.a','3,? , ,. 4; 5; ' (a) Administer a Public Involvement Program Develop and imp] eme�a Plll)I1C'.InVOIvement and Participation Program.. X X X X (b) Allow the public an Conductfadi�leastlorie public'meeting to allow X opportunity to review and the public an opportunity to review and comment on the comment on therStor�mwater Plan. Stormwater Plan (c) Organize a volunteer OrgOikean�diinplement a volunteer X X X community involvement stormwater-related program designed to program promote ongoing citizen participation. Possibilities include, volunteer education and monitoring teams, stream and beach cleanup teams, and storm drain stenciling teams. (d) Establish a Citizens' Develop a citizens' -panel for input on X X X Panel stormwater issues and the stormwater program. Page 3 of 10 0 PIT NO. NCS000445 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions.*# (d) Develop a storm sewer system map showing all otitfalls�and waters receiving discharges. (e) Inform employees, businesses, and the general pH,ublic ofliii associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimi The permittee shall implement the following BMPs ta'meetlie`iohjectives of the Illicit Discharge Detection and Elimination Program and shall notifyjthe,,Division prior to modification of any goals. °i syf LBMI' .* xy ` ' " r '° Nleasuiable Goals .� A 'IN-R I'R YR YR (a) Dcvelop/Implement Illicit Develop and:implem`enf an Illicit Discharge X X X X X Discharge Detection and Detection and Eliriihation Program. Include Elimination Program provisions for program assessment and eval ation. , (b) Illicit Discharge Adopf�4,111 licit Discharge Detection and X Detection and Elimination Ordinance. Establish adequate Elimination Ordinance legal authorities to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map stormwater X X X X X System Base Map drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to detect dry X X X X discharge detection weather flows at system outfalls. Establish procedures procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Conduct employee cross- In Year 1, Develop/obtain educational X X X X X training materials for municipal employees. In Year 2, conduct training for municipal staff on detecting and reporting illicit discharges, hold workshops tailored to job category. f) Provide public education 1 Inform public employees, businesses, and the X I X X Page 4 of 10 • • PERMIT NO. NCS000445 �BM t nip iMre I'V Rwsa ii�YR qw, Ys general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X X reporting mechanism mechanism for the public to report illicit discharges. Page 5 of 10' • PAT NO. NCS000445 SECTION E: CONSTRUCTION SITE RUNOFF. CONTROLS .. . 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. ) (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site opera rs to on rro�l waste such as discarded building materials, concrete truck washout, chemical litter; andsanitary waste at the construction site that may cause adverse impact�to water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of La Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. . ff The NCDENR Division of Land Resourc 05fosioHT .-,,,Sediment Control Program effective meets the requirements of the Construction Site Runo6zltroIsrby permitting and controlling development activities disturbing one or more acres oPland s 'urfa a and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15Aof the North Carolina Administrative Code. This program includes procedures for publijejnpu�sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout,. chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to. the permit. Page 6 of 10 0 0 PERMIT NO. NCS000445 SECTION F; POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. 01 Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to Stormwater Management Program, ves of the Post -Construction :;, :�.:BMP�c`" aw:xr�t; `Measura'bl'eGoals' zs�'R SY�YkNAIM pin: x5 �i' S..... .` , 3 Ya •. r i Fri k (a) Establish a Post- Develop -and adootd5y ordinance (or similar X X X X X Construction Stormwater regulatoryri eclhanisrri)°a program to address Management Program stormwater;runoff from new development and redevelopment. Implement and enforce the program within, 4 months of the permit issue date.1?1xThc ordinance must be reviewed and appro&by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies which Develop strategies that include a combination X X X X X include BMPs of structural and/or non-structural BMPs. appropriate for the MS4 Implement them within 24 months of the permit issue date. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional: (c) Establish a program to Control the sources of fecal coliform to the X X X X X control the sources of maximum extent practicable. Develop an fecal coliform to the oversight program to ensure proper operation maximum extent and maintenance of on -site wastewater practicable treatment systems for domestic wastewater. Implement them within 24 months of the permit issue date. Municipalities must coordinate this program with the county health department. Page 7 of 10 PEWT NO. NCS000445 3. Post -Construction Site Runoff Controls. (a) All development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall to the level specified in Paragraph (b) of this rule. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with the requirements of this Paragraph. A (b) Structural stormwater controls required under Paragrapl&@) shall meet the following criteria: (1) Remove an 85% average annual amountrdW,otal Suspended Solids. (2) For wet detention ponds draw do n he trea moment volume no faster than 48 hours, but no slower than 120 hou s (3) Discharge the storage volume at' rate equal or less than the pre -development discharge rate for the 1-year,44-hour storm. (4) Meet the General Engineering Des.Cnteria set forth in 15A NCAC 2H 7 (c) For the purposes of this permtta surface water shall be present if the feature is shown on either the most recent version ofahe soil survey map prepared by the Natural Resources Conservation Serviceof the Unit d States Department of Agriculture or the most recent version of the 1:24,0t0Wscale,(,7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a). (d) The permittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (e) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural stormwater control measure annually to the local program. (f) In addition to the other measures required in this rule, all development activities located within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining to Shellfishing (SA) waters shall: (1) Use stormwater control measures that result in fecal coliform die off and that control to the maximum extent practicable sources of fecal coliform while incorporating the requirements specified in Paragraph (b) of this Rule. (2) Prohibit new points of stormwater discharge to SA waters or expansion (increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances) of existing stormwater conveyance systems that drain to SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net amount or rate of Page 8 of 10 • 0 PERMIT NO. NCS000445 stormwater discharge through existing outfalls to SA waters. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or other natural area" capable of providing effective infiltration of the runoff from the 1-year, 24-hour storm shall not be considered a direct point of stormwater discharge. Consideration shall be given to soil type, slope, vegetation, and existing hydrology when evaluating infiltration effectiveness. Page 9 of 10 • PPRIT NO. NCS000445 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the,obj+ii"yes of the Pollution Prevention and Good Housekeeping Program and shall notify the Divisionor ta• primodification of any goals. w "+•y '% ? ,' 7' 7+`-x S i? _ t +1„ BMP �r ^ r rs4" y.s h= tt Cs 'u , 4 �l MeasurableGoals z 1 YR YyYYy� , l 1\ b 5 `Im1tR �: �, �: . _ ,YR, v,b >. w 1 ) 'Try ,� SR 3ro Rio t T 't-R .�, .+)6 a�, d'- s '°5� 3`} p '.i s+ v x� 3 n _ 3•. �, ` y yX �_ �5 (a) Pollution Prevention Adopt Pollution Preventioxf*idinance`4' X Ordinance / , V1_ f (b) Pollution Prevention Plan Develop a Pollution Prevention Plan that has � X A.V . .* the ultimate goal of,preventingjor reducing ollutant �off%fromn munic p al operations. (c) Inspection and evaluation Develop iiitdtvent&r;�.&-all facilities and X X X X of facilities, operations, operations.ownedaand operated by the and the MS4 system and permittee with thepotential for generating associated structural polluted stormwater runoff, including the BMPs. MS4system and associated structural BMPs. Insp& potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (d) Employee training Conduct employee training workshops for X X ollutionprevention for municipal employees (e) Review of municipality Conduct annual review of the industrial X X X X owned or operated activities with a Phase I NPDES stormwater regulated industrial permit owned and operated by the permittee. activities Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow- up actions at the facilities. Page 10 of 10 PERMIT NO. NCS000445 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of.all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. if monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and upd annual basis. The permittee will submit a report of this eva the Division on an annual basis. This information will be cover the previous year's activities from Date to Date. The appropriate information to accurately describe the pr Date. Stormwater Plan and will include, but is not limited to'the ztcu•abr ua ion iecess_7, but at least on an [nd,.monitoring information to i by date of each year and ,e's reporting will include and results of the permittee's flowing components: (a) The permittee will give a detailed description of'the status of implementation of the e nStormwater Plan. This wifliinclu'dinfoaioon development and implementation of all components of the Sto'ffi' ater Plannfor the past year and schedules and plans for the year following each report.' Y (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This�will include descriptions and supporting information for the proposed changes andiho'wahese changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater' Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 • PAT NO. NCS000445 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request ad and results of the permittee's Part III Page 2 of 2 Bess the progress • 0 PERMIT NO. NCS000445 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals ( f 4 �� (a) Duplicate signed copies of all reports required her6in, shall be submitted to the following address: ff . .Z Department of Environment and Natu IiRe Division of Water Quality Stormwater Permitting:Unit 1617 Mail Service Centef , Raleigh, North Carolina 27649'1617 (b) All applications, report s,,6f inforfhahon s tliiiaitted to DWQ shall be signed by a principal executive officer, rankingrel�ected official or duly authorized representative. A person is a duly authorized representative�only if. (i) The authorizafibn is m &'in writing by a principal executive officer or ranking s;. elected official; If (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 • PAT NO. NCS000445 3 4. G. 7. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regionahoffice any noncompliance that may constitute an imminent threat to health or the environment. 'Any information shall be provided orally within 24 hours from the,time the permittee became aware tea, of the circumstances. A written submission shall also<be:provided within 5 days of the time the permittee becomes aware of the circumstances. " The written submission shall contain a description'*of the noncompliance, and its causes; the period of noncompliance, includinexact;d es andAimes, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to w V--•.� P, reduce, eliminate, and prevent reoccurrence oftthe noncompliance. The Director may waive the �tten re�rt`'on a case -by -case basis if the oral report has been received within 24 hours. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part W Page 2 of 2 0 0 PERMIT NO. NCS000445 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY Duty to Comply The pcm- ittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of+permit coverage upon renewal application. (a) The permittee shall comply with standards or pi5hhi loons established under Section 307(a) of the Clean Water Act for toxic pollutantstwithin the time provided in the n-u gin. regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement (b) The Clean Water Act provides that any�'person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of ft �:V r-,..rY the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt CollIx eection,li iprovement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each viol`at n). `My person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more tha4'year, or both. Any person who knowingly violates permit conditions is subject to,criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500, [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] (c) 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. [Ref: North Carolina General Statutes 143-215.6A) (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 1I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class D penalty not to exceed $137,500). Part V Page I of 6 C� PAT NO. NCS000445 P41 2 4. ;J. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215:3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1351.9. Furthermore, the permittee is V responsible for consequential damages, such as fish kills evensthoug_. the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to precli Ar the permittee from any responsibilities, liabilities, be subject to under NCGS 143-215.75 ct seq. or Se Property Rights' The issuance of this permit property, or any exclusive 1 invasion of personal rights, 6. Severability 7. istitution of any legal action or relieve I ies to which the permittee is or may 1 of the Federal Act, 33 USC 1321. y property rights in either real or personal it authorize any injury to private property or any nt of federal, state or local laws or regulations. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this pernvt to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this pemut. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by ' imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 6 • ® PERMIT NO. NCS000445 9. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Permit Actions This permit may be modified, revoked and reissued, or terminaied`for cause. The notification of fanned changes or anticipated noncompliance does not sta an'� emut condition. P g P P� �,. Y �. Y P�.,:.:. ,.� Part V Page 3 of 6 FAIT NO. NCS000445 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a necessary to halt or reduce tf condition of this permit. have been nee with the Part V Page 4 of 6 r 0 PERMIT NO. N6000445 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When.specified herein, monitoring points established in this permit shall not be changed without notification to and approval of theVirect'or:, 2. Flow Measurements Where required, appropriate flow measurement devicerand'ffi6ihods consistent with accepted ,.**;;}, X,r11V scientific practices shall be selected and used to ensure:the accuracy and reliability 'of 1. measurements of the volume of monitored discharges. 3. Test Procedures AN..: Test procedures for the analysis olluta ts;shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. segtli"�e�Water';and Air Quality Reporting Acts, and to regulations published pursuant to Sectio i 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, ane,,Aegulation 40 CFR 136. To meet the intent of the mofiitonngrequired by this permit, all test procedures must produce minimum detection and reportinlevels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) . Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part V Page 5 of 6 • POIT NO, NCS000445 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 • 0 PERMIT NO. NCS000445 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 0 PERMIT NO, NCS000445 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of I PERMIT NO. NCS000445 0 3 4 N. 7 PART VII1 DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution be structural or non-structural and may take the form of a pro planning (see non-structural BMP). A Built -upon Area That portion of development project that is covered surface including, but not limited to, buildings; pave' lots, and paths; and recreation facilities such as�tenn a wooden slatted deck, the water area of a swimming paving material to the extent that the paving material through the paving material. ,. R Clean Water Act The Federal Water Pollution amended, 33 USC 1251, et. s surface waters. BMPs can vity, physical structure or irripeivious or partially impervious t?andgravel areas such as roads, parking urtss"Built-upon area" does not include )1, r pervious or partially pervious I rbs water or allows water to infiltrate known as the Clean Water Act (CWA), as A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. Part VII1 Page I of 4 • PAIT NO, NCS000445 10. 11 12 13 Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Grab Sample An individual sample collected instantaneously. Grab qualitatively monitored must be taken within the first 3 Hazardous Substance Any substance designated in 40 CFR Part 116 Illicit Discharge Any discharge to a MS4 that is not to an NPDES permit (other than th and discharges resulting from fire; Industrial Activity For the purposes of this in 40 CFR 122.26. will be directly analyzed or 311 of the Clean Water Act. rely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): i. Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIII Page 2 of 4 0 0 PERMIT NO. NCS000445 15 16. 20. Non-stormwater Discharge Cate og ries The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: waterline flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash wate�,(d�iseharges or flows from fire fighting activities are excluded from the definition of illicitgdiscliarge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States).`'' Non-structural BMP Non-structural BMPs arc preventive actions thatcinvol eL a'nagement and source controls such as: (1) Policies and ordinances that provide requirementsrand standards to direct growth to identified areas, protect sensitive areas such;as wetlands` and riparian areas, maintain and/or increase open space, provide buffers,along'sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of oils 5.and ' vegetation; (2) policies or ordinances that encourage infill development in higher density, iirl infrastructure; (3) education prrsograms quality impacts; (4) other measures su development, use of measuresto minin control measures often thought of;as ( prevention. Outfall )n,areas, and areas with existing storm sewer Dr developers and the public about minimizing water i as minimizing the percentage of impervious area after ze directly connected impervious areas, and source Pd housekeeping, preventive maintenance and spill The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. Permittcc The owner or operator issued this permit. Point Source Discharge of Stormwater Any discemible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. Part VI11 Page 3 of 4 • PL*IT NO. NCS000445 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the step& necessary to reduce pollutant Z.Jloads in a certain body of water to restore and maintain wa erquaIity standards in all seasons. The Clean Water Act, Section 303, establishes the waterqudlity standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(00) of tIMEC an Water Act. Part VIII Page 4 of 4