NCS000465_Morrisville NOD-2021-PC-0102_20210310

IZO)' COOPER
ti11CF1AE1- S. ItEGAN
13[tIAN W[ZENN
Envirunmentat Quality
March 10, 2021
CERTIFIED IIAIL 7017 2680 0000 2235 6669
RETURN RECEIPT REQUESTED
Town of Morrisville
Attn: Ben Mills
100 Town Ifall Drive
Morrisville, NC 27560
Subject: NOTICE OF DEFIC1ENC1' (NOD-2021-PC-0102)
Town of _1lorriswille
NPDES iilS4 Permit No. NCS000465
Wake County
Dear Mr. Mills:
On I'ebruary 10, 2021, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of subject National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (itIS4) Permit. The audit identified minor deficiencies with the
specific components of the MS4 pen -nit that were reviewed, as provided in the attached DEQ MS4 Permit
Compliance Audit Report. This report lists and describes the 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 V1 of the permit and DEQ policy, a new 5-year MS4 permit will be issued in
response to the audit. To address the h1S4 pennit 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) 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 D: Illicit Discharge Detection and
Elimination; Section F: Construction Site Runoff Controls; Section F: Post -Construction
Site Runoff Controls; Section G: Pollution Prevention and Good Housekeeping; Section
I-1: Total Maximum Daily Loads. The self -audit must be documented utilizing the DEQ
standard MS4 Permit Compliance Audit Report Template.
b. Develop a Draft Stormnater Mana�aement Plan (SWLMP) 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
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term. The SWN1P must be documented utilizing the DEQ Phase 11 NIS4 SWMP
'Template. The SWNIP must address all known compliance deficiencies including, at a
minimum, the items detailed in the DEQ NIS4 Program Audit Report and the "rown self -
audit.
(3) Submit an NPDCS NIS4 pennit application within thirty (10) clays of receiving written DFQ
concurrence that the submitted Draft S1XVN1P docurncnts a compliant stonnxvater management
program. A new 5-year NPDCS NIS4 pennit will be public noticed along «ith the submitted
SWIM P.
(4) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ approval
and final pennit issuance. The final DEQ-approved SWMP shall become an enforceable
component of the NPDCS NIS4 permit.
Required documentation shall be submitted via e-mail to thick alentine a ocdeur.soy. or to-
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27669
If the Town fails to meet the aforementioned requirements and'or submits a significantly noncompliant
Draft SWN1P, DEQ may proceed tvith cnforceinetit. As is stated in Part V, Section A.I(c) of the permit:
Under slcttc lair, a daily civil pc'rtalt�' �f trot nrorc than tii•errtt-Jiro thotrscrru! dollars (5 �,i,000) peer
riohrtion may be assessed against rnn• pc1.son iYho violates of-frile to cict in accordance irith the
terms, conditions, orr•equirements of a pri•nrit [North Carolina General Statute 143-215.64].
Please note that compliance with the iequircuients of this NOD rrnrizor issrmnce of civil or•
ei•urunal penalties levied h'v DEO does not prechrde the EA -I front ccrrrryving out its mi it
enfol-genie r1 case vita+ainst the I)ei- rrttee.
Thank you for your attention to this matter. Should you have any questions, please contact Thad
Valentine at [phone] or thad.valentine�a ncdenr uoy.
Sincerely,
William l I. Denton, IV, PF
Re{_ional En-ineer - RRO
Division of Energy, Mineral and Land Resources
Enclosures: DEQ N1S4 Program Audit Report (March 10, 2021, Town of Nlorris%ille)
CC: benmills-a toss nofilorriss illc.or!.�, Town of Morrisville Storntn•ater Engineering Manager
annette.Lucas-a ncdcnr.go% , DEMLR Stonnwatcr Program Supervisor
Jeanette.Powell it ncdenr.<go,� , DL'•MLR NIS4 Program Coordinator
DEMLR NPDES NIS4 Permit Laserfiche File