NCS000442_NOV-2021-PC-0343_20210722

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ROY COOPER
Governor�-
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ELIZABETH S. BISER
S'etr'currti °j �+"�
BRIAN WRENN NORTH CAROL NA
Dirretor Environmental Quality
July 22, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 5180
City of Rocky Mount
Attn: Rochelle D. Small -Toney, City Manager
PO Box 1180
Rocky Mount, NC 27802
Subject: NOTICE OF VIOLATION (NOV-2021-PC-0343)
City of Rocky Mount
NPDES MS4 Permit No. NCS000442
Nash County
Dear Ms. Small -Toney:
On June 21, 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 (MS4) Permit. The audit identified major
deficiencies with the specific components of the MS4 permit that were reviewed, as provided in
the attached DEQ MS4 Permit Compliance Audit Report. 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 DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the City 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 DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
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a. The MS4 Operation and Maintenance Program Plan for Municipally Owned or
Operated Facilities, as required in Part I1, Section A.& and Section G.2.b, of the
current permit.
b. A Non -Municipal SCM Operation and Maintenance Program Plan, as required in
Part 11, Section A.7. and Section G.2.h. of the current permit.
c. A Pollution Prevention and Good Housekeeping Employee Training Program for
employees involved in implementing pollution prevention and good housekeeping
practices, as required by Part II, Section G.2.g, of the current permit.
d. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part 11 Section B: Public Education and
Outreach; Section C, Public Involvement and Participation; Section D; Illicit
Discharge Detection and Elimination; Section E: Construction Site Runoff
Controls; Section F: Post -Construction Site Runoff Controls; Section G: Pollution
Prevention and Good Housekeeping; Section H: Total Maximum Daily Loads.
The self -audit must be documented utilizing the appropriate sections of the DEQ
standard MS4 Permit Compliance Audit Report Template.
e. 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 City self -audit.
(4) 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.
(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 jeanette.powell i nederingou, or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell, MS4 Program Coordinator
1612 Mail Service Center
Raleigh, NC 27699-1612
If the City 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:

Understate 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
notice 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 me at
[phone] or thad.valentine ri.ncdcnr.g_ov.
Enclosures:
CC:
Sincerely,
William H. Denton, IV, PE
Regional Engineer - RRO
Division of Energy, Mineral and Land Resources
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
Rochelle D. Small -Toney, City Manager
Annette. [e-mail], DEMLR Stormwater Program Supervisor
Jeanette. [e-mail], DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File