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HomeMy WebLinkAboutNCS000450_Carrboro NOV Response Letter_20201112 TOWN OF CARRBORO N O R T H C A R O L I N A WWW.TOWNOFCARRBORO.ORG November 11th, 2020 DEQ-DEMLR Stormwater Program Attn: Jeanette Powell 1612 Mail Service Center Raleigh, NC 27669 Subject: Written Response to Notice of Violation (NOV-2020-PC-0457) Town of Carrboro NPDES MS4 Permit No. NCS000450 Dear Ms. Powell: On November 3rd, 2020, I received the attached Notice of Violation. In accordance with the required actions provided, I: (1) hereby acknowledge the requirements and the intent to comply; (2) presented a Resolution declaring support for a compliant stormwater management program to the Town Council, and have attached the adopted resolution; (3) intend to conduct a self-audit of the listed program areas and develop a draft Stormwater Management Plan and submit both in accordance with the requirements within one hundred twenty (120) calendar days from receipt of Notice; (4) intend to submit an NPDES MS4 permit application within thirty (30) days of receiving DEQ approval of the submitted draft SWMP; and (5) intend to respond to public comments on the draft SWMP and submit a final SWMP for DEQ approval. As a matter of public record, the Town also wishes to respond to the audit report; please see Attachment A. It is my opinion that the Town has made substantial progress towards full compliance since the creation of a Stormwater Utility in 2017 providing dedicated stormwater revenue and subsequent hiring of a Stormwater Utility Manager, Stormwater Specialist, and Stormwater Administrator, and am confident in our ability to fully comply with permit requirements moving forward. If you have any questions, please contact me at: 301 West Main St., Carrboro, NC 27510, (919) 918- 7341, or rdodd@townofcarrboro.org. Sincerely, Randy Dodd, Stormwater Utility Manager Town of Carrboro CC: Heather Holley, Stormwater Specialist, Town of Carrboro Emily Cochran, Stormwater Administrator, Town of Carrboro Joe Guckavan, Public Works Director, Town of Carrboro William H. Denton, IV Regional Engineer, DEMLR Thad Valentine, NCDENR att ATTACHMENT A Town of Carrboro Audit Response Permit Citation: II.A.4. Availability of the stormwater plan Program Requirement: The permittee kept an up-to-date version of its Stormwater Plan available to the Division and the public online Status: No DEQ Comments: Permittee did not have an up-to-date version of the stormwater plan. The permittee does provide the land use ordinance online for the public TOC Comments: The plan was last updated and shared with Division staff on 9/10/2018 and has been kept online continuously since then. The Town chose not to update between 9/10/2018 and the audit given the understanding of the pending audit and changes that would result. Permit Citation: II.A.6. Sharing responsibility Program Requirement: Are any control measures implemented by an entity other than the permittee?; If yes, is there a written agreement in place? Status: Yes; No DEQ Comments: Orange county implements the construction site inspections. However, the permittee does not have an up-to-date ordinance and resolution that allows orange county to perform their duty. Clean water education partnership conducts their public outreach and education measures. TOC Comments: We shared the Town’s original ordinance (1983) and resolution (1976) recognizing delegation to Orange County. CWEP provides support for the Town’s outreach and education measure; the Town does not rely on CWEP for all outreach and education. Permit Citation: II.A.7. Written procedures Program Requirement: The permittee maintained written procedures for implementing the six minimum control measures; Written procedures identified specific action steps, schedules, resources and responsibilities for implementing the six minimum measures Status: Yes; Partial DEQ Comments: Although the documents were provided the documents were not finalized and were in draft form. TOC Comments: We have multiple written procedures, some of which were requested and provided in final form. Some unanticipated documents were requested by the Division with short turnaround and were provided as draft to recognize that they could be revised upon further review. These have subsequently been finalized, along with additional procedures. Permit Citation: III.A. Program documentation Program Requirement: The permittee maintained documentation of all program components including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, etc., on file for a period of five years. Status: Partial DEQ Comments: The permittee has not documented all program components. TOC Comments: We recognize this deficiency, have been actively working towards comprehensive documentation, and appreciate receiving further clarity regarding the documentation being sought for permit compliance. Permit Citation: III.B. Annual report submittal Program Requirement: The permittee submitted annual reports to the Department within twelve months from the effective date of the permit; The permittee submitted subsequent annual reports every twelve months from the scheduled date of the first annual report submittal Status: Partial; Partial DEQ Comments: The permittee submitted annual reports for 2017 and 2019. the 2018 report was not found in DEQ's database. TOC Comments: We submitted the reports each year through the BIMS portal for the past decade, including 2018. In addition, the Town separately submitted the 2019 report as requested preaudit. Per our records, the Division separately requested the 2017 (but not 2018) report and the Town provided it. The 2018 report is being resubmitted separately; please include it in the laserfiche record. Permit Citation: II.D.2.a IDDE program Program Requirement: The permittee maintained a written IDDE Program; If yes, the written program includes provisions for program assessment and evaluation and integrating program. Status: Yes; No DEQ Comments: An IDDE program was provided, but it appeared to be a generic outline that lacked any type of assessment and evaluation guidance for reporting and documenting, which is required as part of the IDDE program. TOC Comments: We have adapted EPA supported technical guidance that is more than a generic outline. The Town recognizes the deficiency with more detailed implementation documentation as part of the program, and has more fully developed this documentation since the audit. Permit Citation: II.D.2.b Legal authorities Program Requirement: The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that provides the legal authority to prohibit illicit connections and discharges to the MS4 Status: No DEQ Comments: The permittee's reference the Town Code, Article IV in Section 5. TOC Comments: We believe Article IV in Section 5 of the Town Code satisfies this requirement. (attached, and available at http://www.townofcarrboro.org/DocumentCenter/View/101/Chapter-5---General- Offenses-PDF?bidId= ) Permit Citation: II.D.2.d Dry weather flow program Program Requirement: The permittee maintained a program for conducting dry weather flow field observations in accordance with written procedures. Status: No DEQ Comments: The permittee needs to fully implement the dry weather field and observation maintenance plan TOC Comments: We have pursued limited dry weather monitoring activities in the past, and at the same time recognize this deficiency. An Outfall Inspection SOP has been drafted and sent to NCDEQ, and an implementation schedule prepared. Permit Citation: II.D.2.e Investigation procedure Program Requirement: The permittee maintained written procedures for conducting investigations of identified illicit discharges. Status: No DEQ Comments: Detailed procedures for conducting illicit discharge from reporting, investigation to its completion, which includes documenting the outcome and disposal, if needed, of any illicit materials was not provided. All parties involved should be identified and manifest should be available. TOC Comments: We recognize this deficiency and have updated and added written documentation which includes comprehensive procedures for investigating illicit discharges. Permit Citation: II.D.2.f Track and document investigations Program Requirement: For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the following: The date(s) the illicit discharge was observed; The results of the investigation; Any follow-up of the investigation; The date the investigation was closed Status: Yes; partial; no; no DEQ Comments: Although the permittee has documented the illicit discharge incidents, they did not thoroughly document the investigation and conclusions. TOC Comments: We recognize this deficiency and have updated and added written documentation. The Town provided an IDDE Documentation SOP to the Division (after the audit) that is being implemented. Permit Citation: II.D.2.g Employee training Program Requirement: The permittee implemented and documented a training program for appropriate municipal staff who, as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. Status: No DEQ Comments: The permittee provided training information. However, the permittee does not have documented training records. TOC Comments: We provided training records and training materials. Permit Citation: II.D.2.h Public education Program Requirement: The permittee informed public employees of hazards associated with illegal discharges and improper disposal of waste; The permittee informed businesses of hazards associated with illegal discharges and improper disposal of waste; The permittee informed the general public of hazards associated with illegal discharges and improper disposal of waste Status: Yes; Partial; Partial DEQ Comments: Although the Town of Carrboro posted information on their website related to illegal discharge hazards, they do not distribute educational material to the public (businesses, general public) TOC Comments: We acknowledge this deficiency which in the past has been due to insufficient staff capacity. The Stormwater Program is now fully staffed and will be implementing this going forward. Permit Citation: II.D.2.i Public reporting mechanism Program Requirement: The permittee promoted, publicized and facilitated a reporting mechanism for the public to report illicit discharges; The permittee promoted, publicized and facilitated a reporting mechanism for staff to report illicit discharges; The permittee established and implemented response procedures for citizen requests/reports Status: Yes; Partial; No DEQ Comments: The public is encouraged to report illicit discharges through the permittee's website, but the program lacks written procedures for staff that includes schedules, forms for reporting and tracking the illicit discharge from the release through to the cleanup and disposal. Provide written procedures for citizen requests/reports. TOC Comments: We acknowledge this deficiency which in the past has been due to insufficient staff capacity. The Stormwater Program is now fully staffed and will be implementing this going forward. The recently developed IDDE documentation SOP addresses response procedures for citizen’s requests. Permit Citation: II.D.2.j Enforcement Program Requirement: The permittee implemented a mechanism to track the issuance of notices of violation and enforcement actions administered by the permittee Status: No DEQ Comments: Develop a tracking system for notices of violation and enforcement actions. TOC Comments: We acknowledge this deficiency which in the past has been due to insufficient staff capacity. The Stormwater Program is now fully staffed and will be implementing this going forward. The investment and training in new technology (tablets and CityWorks) will greatly facilitate this. Permit Citation: II.G.2.b Operation and maintenance (O&M) for facilities Program Requirement: The permittee maintained and implemented an O&M program for municipally owned and operated facilities with the potential for generating polluted stormwater runoff Status: Partial DEQ Comments: Although a draft O&M plan was provided, the town needs to implement site- specific plans for each facility with the potential for generating polluted stormwater runoff. The O&M plans should specify the type of pollutant(s) generated. TOC Comments: We are actively working to better document O&M efforts. The Town has specifically invested and trained in using new technology (tablets and CityWorks) to implement this activity. Permit Citation: II.G.2.c Spill response procedures Program Requirement: The permittee had written spill response procedures for municipal operations. Status: No DEQ Comments: The permittee did not provide written procedures for spill response for any of the town's operations. TOC Comments: We provided these procedures on August 3. Permit Citation: II.G.2.d Streets, roads, and public parking lots maintenance Program Requirement: The permittee evaluated existing and new BMPs that reduce polluted stormwater runoff from municipally-owned streets, roads, and public parking lots within its corporate limits annually (Yes); If yes, the permittee evaluated the effectiveness of existing and new BMPs based on cost and the established quantity of pollutants removed (Partial) Status: Partial DEQ Comments: The Town provided a schedule that shows the number of miles of streets that were swept over the last 15 years with a schedule for sweeping. They maintain dump tickets to track the tonnage disposed and use all the information for review at the end of the year for effectiveness. The town should formally evaluate and document the effectiveness of their BMP. TOC Comments: We will look into procedures to better assess street sweeping effectiveness, and would appreciate any guidance on how to assess effectiveness or referral to compliant permittees. Permit Citation: II.G.2.f O&M for catch basins and conveyance systems Program Requirement: The permittee maintained and implemented an O&M program for the stormwater sewer system including catch basins and conveyance systems that it owns and maintains. Status: Partial DEQ Comments: The permittee has a draft O&M plan. TOC Comments: The draft plan has been finalized. The Town is actively working to better document O&M efforts. The Town has specifically invested and trained in using new technology (tablets and CityWorks) to implement this activity. Permit Citation: II.G.2.h O&M for structural stormwater controls Program Requirement: The permittee maintained and implemented an O&M program for municipally- owned or maintained structural stormwater controls installed for compliance with the permittee's post-construction ordinance Status: No DEQ Comments: The permittee has a draft O&M plan. However, it is not site-specific. The Town should develop individual O&M plans for each SCM that should contain all the requirements for that program. TOC Comments: We acknowledge this deficiency and are actively working to address. Permit Citation: II.G.2.i Pesticide, herbicide and fertilizer application management Program Requirement: The permittee ensured all permits, certifications, and other measures for applicators are followed. Status: No DEQ Comments: Provided copies of the pesticide certificates and Algae pond contractor license, but a checklist and inspection procedures were not developed for subcontractor pesticide application. TOC Comments: The Town has a single contract for pesticide application. The contract specifies the need to follow licensing requirements, State regulations and the Town’s Least Toxic Integrated Pest Management and Plant Health Care Policy. The Town provided relevant documentation and believes that the material submitted fulfills the program requirement. The following table presents the NCDEQ Municipal Facility site visit findings, with the Town response in italics in and after the table. Site Visit Evaluation: Municipal Facility No. 1 Facility Name: Public Works Building Date and Time of Site Visit: August 12, 2020 1:00 pm Facility Address: 100 Public Works Drive Facility Type (Vehicle Maintenance, Landscaping, etc.): Vehicle Maintenance Name of MS4 inspector(s) evaluated: Randy Dodd Heather Holley Most Recent MS4 Inspection (List date and name of inspector): None performed and documented by MS4 Inspector June 5, 2020 Jim Frei (consultant), accompanied by Stormwater staff* Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit: Name Title Randy Dodd Heather Holley Stormwater Utility Manager Stormwater Specialist Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific? No the facility does not have an MS4 facility-specific SWPPP. The facility has a (facility specific) SWPPP per NCG08 that was shared at the audit with NCDEQ. Staff were/are not aware that a “separate MS4” SWPPP is expected and disagree in the need for such a document, if implied. What type of stormwater training do facility employees receive? How often? Pollution Prevention and IDDE from NCGO8 Environmental Consultant. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? NC State Certifications and State Certifications Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? No-the MS4 inspectors were not aware that the site should be inspected by the MS4 inspector and were using the consultant for th e NCG08 permit to perform their inspections.* Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? No – areas of the site that are integral in performing and MS4 inspection were only viewed at the MS4 auditor ’s prompting. The site representatives believe they and their consultant are in general knowledgeable about stormwater pollution prevention and good housekeeping, that pollution prevention practices at the site are in general being well utilized and inspections are effective and well documented, and also appreciate a couple of insights and improvement opportunities from the audit/auditor. Inspection Procedures Does the MS4 inspector’s process include the use of a checklist or other standardized form? The Environmental Consultant that oversees the NCG08 performed the inspection. The NCG08 inspection report has a checklist. Site Visit Evaluation: Municipal Facility No. 1 Does the MS4 inspector’s process include taking photos? The Environmental Consultant took photos. Does the MS4 inspector’s process include reviewing the facility’s SWPPP (or similar document)? The Environmental Consultant reviewed the SWPPP. Does the MS4 inspector’s process include walking the entire facility and inspecting all points of discharge? The MS4 inspectors walk the site with the NCG08 Environmental Consultant. Did the MS4 inspector miss any obvious areas of concern? If so, explain: An official MS4 inspection has never been performed at the facility. The Environmental Consultant performs an inspection for the NCG08 permit assigned to the facility. The inspector had to be prompted to look in the vehicle storage sheds, maintenance sh op, and the used oil tank. Multiple spills from the used oil tank were observed. Oil stains fr om continuous spillage were observed in the vehicle storage area. The spills were immediately remediated after the audit and documentation provided. Does the MS4 inspector’s process include presenting the inspection findings to the facility contact ? Yes. Inspection Results Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)? Corrective actions were requested for the staining around the used oil tank. The spills were immediately remediated and a new tank installed after the audit and documentation provided. If compliance corrective actions were identified, what timeline for correction/follow-up was provided? Immediately. This was immediately responded to and documentation prov ided. Notes/Comments/Recommendations * The consultant was and is the lead but not only inspector for this facility and was accompanied by MS4 representatives at this inspection/audit and is regularly accompanied by MS4 representatives at all inspections. The Town has been working with the consultant since the original NCG08 permit issuance, and believes that he provides an invaluable service because of his extensive experience with NPDES compliance support, and is also valuable as an independent 3rd party. Since the Town formed a Stormwater Utility and created dedicated stormwater staff positions and these positions have been located at Public Works, it is the opinion of staff and the consultant that PPGH and the SWPPP implementation at the facility has been greatly improved. The regular inspection reports and follow up are documenting these types of concerns and how they are being addressed; these records are available. The audit informed the MS4 representatives that they need to do a better job of documenting, for the MS4 permit, the SWPPP implementation and need for performing independent/MS4 inspections.