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Home My WebLink AboutNCS000440_Woodfin NOV-2019-PC-0638 Add Info_20200710ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Dtrector NORTH CAROLINA Environmental Quality July 10, 2020 CERTIFIED MAIL 7019 0700 0000 8867 8634 RETURN RECEIPT REQUESTED Town of Woodfin Attn: Jason A. Young, Town Administrator 90 Elk Mountain Road Woodfin, North Carolina 28804 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0638) Town of Woodfin NPDES MS4 Permit No. NCS000440 Buncombe County Dear Mr. Young: On August 28, 2019, staff from the North Carolina Department of Environmental Quality (DEQ) conducted a compliance audit of the Town of Woodfin National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. A copy Notice of Violation (NOV) dated September 17, 2019 is enclosed for your reference. As of July 10, 2020, the Department has not received the Self Audit and Draft Stormwater Management Plan outlined in item (4) of the required responsive actions. To address the MS4 permit violations, the Town of Woodfin is required to complete the following actions: (1) Adopt a Council Resolution within thirty (30) calendar days from the date of receipt of this notice. The Council Resolution received by the department on October 15, 2019 contained the following errors: a) The Council Resolution did not have the correct MS4 Name. All occurrences of MS4NAME in the resolution shall reflect the subject MS4. b) The NOV number on page 1 shall be corrected to match the subject NOV (NOV-2019-PC- 0638). c) The resolution must be signed by all council members. A stamp is not sufficient. The resolution must declare support for a compliant stonnwater management program. A sample council resolution with the minimum requirements is enclosed with this letter. An original signed document must be submitted to DEQ. d) Submit documentation for review and comment within one thirty (30) calendar days from the date of receipt of this letter: D_EQJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 xoamcanouw, o.,an.mmr�mp�m.owa�ain 828.296.4500 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 Elimination; Section F: Post -Construction Site Runoff Controls; Section G: Pollution Prevention and Good Housekeeping. 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 Town of Woodfin self -audit. e) 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. f) 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 Isaiah.Reedna,ncdenr.gov, or to: DEQ-DEMLR Stonnwater Program Attn: Isaiah Reed 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 If the Town of Woodfin 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 and/or issuance of civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Thank you for your attention to this matter. Should you have any questions, please contact Isaiah Reed at (828) 296-4614 or Isaiah.Reed@ncdenr.gov. Sincerely, Stanley E. Aik EGA Regional E ineer Division of Energy, Mineral and Land Resources Enclosures: Notice of Violation (September 17, 2019) Sample Council Resolution cc: Jeanette Powell, DEMLR MS4 Program Coordinator Alaina Morman, DEMLR Stormwater Compliance & Enforcement DEMLR NPDES MS4 Permit Laserfiche File Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program Resolution No.: ### Date Adopted: ### RESOLUTION AFFIRMING TH E MS4NAME COUNCIL'SSUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM A RESOLUTION to develop and implement compliant stormwater management program that meets the requirements of the MS4NAME National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS### to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the MS4NAME and approved by the North Carolina Departmentof Environmental Quality. WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater discharges from municipal separate storm sewer systems; and WHEREAS, in North Carolina, NPDES Permits are issued bythe North Carolina Department of Environmental Quality; and WHEREAS, the North Carolina Department of Environmental Quality issued the MS4NAME its third NPDES MS4 Permit fordischarge of stormwater on DATE; and WHEREAS, the MS4NAMEwas issued Notice of Violation number NOV-###-###on DATEfor noncompliance with the issued NPDES MS4 Permit; and WHEREAS, the MS4NAME acknowledgesthe specific Notice of Violation requirement to obtain a new individual NPDES MS4 Permit; and WHEREAS, the M54NAME acknowledges the specific Notice of Violation requirementto conduct a self - audit of permit compliance forthe balance of permit requirements not specif ically audited by the North Carolina Department of Environmental Quality, and to develop a draft Stormwater Management Plan to comply with Section 402(p)(3)(B)(iii) of the Clean WaterAct, 40 CFR 122.34(b) and N PDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan tothe North Carolina Department of Environmental Quality no later than 120DaysFromNOVDate for review and approval; and WHEREAS, the MS4NAME acknowledges the specific Notice of Violation requirementto adopt a Council Resolution to implement a compliant and enforceable stormwater management program as defined by both the NPDES MS4 Permit number NCS### and the required new stormwater Management Plan, and said resolution is to be submitted to the North Carolina Department of Environmental Quality no later than 60DaysFrom NOV Date; and WHEREAS, the MS4NAME acknowledges the requirement to provide adequate funding and staffing to implement a Stormwater Management Program that complies with its N PDES MS4 Permit and approved Stormwater Management Plan; and WHEREAS, the MS4NAME acknowledges that North Carolina Department of Environmental Quality enforcement action and penalties could result from non-compliance with the specific requirements in Notice of Violation numberNOV-###-###; and Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program WHEREAS, the MS4NAMEacknowledgesthat any North Caro lina Department of Environmental Quality enforcement action and penalties may not prohibit the U.S. Environmental Protection Age ncyfrom taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit. NOW, THEREFORE, BE IT RESOLVED that the Council of the MS4NAME hereby affirms its support for deve lop mentand implementation of a compliant NPDES MS4StormwaterProgram. NAME, Mayor NAME, Town Manager NAME, Stormwater Program Administrator NAME, Town Clerk ADOPTED BY the City Council of the MS4NAME, North Carolina the ____day of, 2019 and signed in authentication thereof the ____ day of______, 2019.