NCS000450_Carrboro NOV-2020-PC-0457_20201029

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
A!rccror
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 0190 0000 2455 6547 - -
NORTH CAROLINA
Environrrrentat Quality
October 29, 2020
Town of Carrboro
Attn: Randy Dodd, Stormwater Utility Manager
301 West Main Street
Carrboro, North Carolina 27510
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0457)
Town of Carrboro
NPDES MS4 Permit No. NCS000450
Orange County
Dear Mr. Dodd:
On August 12, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Carrboro 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 pen -nit and DEQ policy, a new 5-year MS4 pen -nit will be issued
in response to the audit. To address the MS4 permit deficiencies, the Town of Carrboro 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 (lie 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.
Nor th Carolina I)c pay UncnY of ❑Wtrotl Rental Quality I Dirisinn of Cttergy. \I neral nd Land Resourc e;
�j Raleigh Regional Office 1628 Mail Sei vies: Center .9800 Barrett Drive 1 Raleigh. North Carolina 2'ro09

Town of Carrboro NOV
October 29, 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 B: Public
Education and Outreach; Section C, Public Involvement and Participation;
Section E: Construction Site Runoff Controls; 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 Stonnwater 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 11 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
Carrboro self -audit.
(4) Submit an NPDES MS4 pen -nit 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 thad.valentine u,ncdenngov, or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27669
If the Town of Carrboro 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
(8'25, 000) per violation may be assessed against any person who violates or./ails to act in
accordance with the terms, conditions, or requirements of a permit [Norih Carolina
General Statute 143-215.6A]. Please mote that compliance with the requirements of this
Rev. 05772020

Town ofCarrboro NOV
October 29, 2020
Page 3 of 3
notice and%r issuance of civil or criminal penalties levied by DEQ sloes not preclude the
EPA from carrving out its ou-n enforcement case against the permittee.
Thank you for your attention to this matter. Should you have any questions, please contact Thad
Valentine at [phone] or thad.valentine a ncdenngov.
Sincerely,
William H. Denton, IV Regional Engineer
Division of Energy, Mineral and Land Resources
Enclosures:
DEQ MS4 Program Audit Report (10.!29/2020, Town of Carrboro)
Example Council Resolution
Electronic Copy:
rdodd c townofcarrboro.or
hholley u.townofearrboro.org
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Lasencche File
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