HomeMy WebLinkAboutNCS000417_Ranlo NOV-2020-PC-0352_20200831ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NORTH CAROLINA
Environmental Quality
August 31, 2020
70191640 00013337 8829
Town of Ranlo
Attention: Mr. Jonathan D. Blanton, Town Manager
1624 Spencer Mountain Road
Gastonia, North Carolina 28054
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0352)
Town of Ranlo
NPDES MS4 Permit No. NCS000417
Gaston County
Dear Mr. Blanton:
On August 4, 2020, staff from the North Carolina Department of Environmental Quality
(NCDEQ) conducted a compliance audit of the Town of Ranlo 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 NCDEQ 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 NCDEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the Town 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 NCDEQ.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
ae•mm.•�a�.+mm•m•ia•i� /'� 704b63.1699
Notice of Violation
Town of Ranlo
August 31, 2020
Page 2 of 3
(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 F: Post -Construction Site
Runoff Controls; Section H: Total Maximum Daily Loads. The self -audit must be
documented utilizing the NCDEQ 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 NCDEQ
Phase II MS4 SWMP Template. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the NCDEQ MS4
Program Audit Report and the Town self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written
NCDEQ 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
NCDEQ approval and final permit issuance. The final NCDEQ-approved SWMP shall
become an enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Isaiah.Reedra)ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attention: Isaiah Reed
2090 U.S, Highway 70
Swannanoa, North Carolina 28778
If the Town fails to meet the aforementioned requirements and/or submits a significantly
noncompliant Draft SWMP, NCDEQ may proceed with enforcement. As is stated in Part V,
Section A. I (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 NCDEQ does not preclude
the EPA from carrying out its own enforcement case against the permittee.
Notice of Violation
Town of Ranlo
August 31, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at (828) 296-4614 or Isaiah. Reed cgncdenr.gov.
Sincerely,
3-1� S. (.e,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral & Land Resources
Enclosures: NCDEQ MS4 Program Audit Report (August 4, 2020, Town of Ranlo)
Copy of NPDES MS4 Permit No. NCS000417
Sample Council Resolution
cc: Jonathan Blanton, Town Manager iblaiitoii@townofranio.org
Jeanette Powell, DEMLR MS4 Program Coordinator,
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File