NCS000246_Final Permit_20231010

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ROY COOPER o
Governor t, 1 „ C
ELIZABETH S.BISER � .
Secretary
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
September 26,2023
CERTIFIED MAIL 7022 2410 0003 1437 1443
RETURN RECEIPT REQUESTED
City of Fayetteville
Attn: Douglas Hewett,City Manager
433 Hay Street
Fayetteville,North Carolina 28301
Subject: MS4 Permit Renewal
City of Fayetteville
NPDES MS4 Permit No.NCS000246
Cumberland County
Dear Mr.Hewett:
Pursuant to the requirements in North Carolina General Statute 143-215.1,the North Carolina Department of
Environmental Quality is hereby renewing coverage for the subject Municipal Separate Storm Sewer System
(MS4)permit.
The revised permit is enclosed herewith.If any parts contained in this permit are unacceptable to you,you
have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of
this letter.This request must be in the form of a written petition,conforming to Chapter 150B of the North
Carolina General Statutes,and filed with the Office of Administrative Hearings,Post Office Drawer 27447,
Raleigh,North Carolina 27611-7447.Unless such demand is made,this decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required by other
State,Federal,or Local Agencies.
If you have any questions concerning this permit,please contact Isaiah Reed,MS4 Program Coordinator at
[phone] or at [e-mail].
Sincerely,
Isaiah Reed,PE,CPSWQ,MS4CECI
MS4 Program Coordinator
North Carolina Department of Environmental Quality
Enclosures:
DEQ MS4 Permit
EC: Matthew Noonon,Stormwater Manager matthewnoononftfayettevillenc.gov
Isaiah Reed,MS4 Program Coordinator,Isaiah.Reetiftclegmc.gov
Mike Lawyer,Stormwater Program Supervisor,Mike.LawyerCt clecimc.gov
DEMLR NPDES MS4 Permit Laserfiche File
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 2 769 9-1612
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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
PERMIT NO.NCS000246
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission,and the Federal Water Pollution Control Act,as amended,
The City of Fayetteville
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located
within the City of Fayetteville's corporate limits to receiving waters of the State,within the Cape Fear
River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions
set forth herein.
This permit shall become effective October 10,2023.
This permit and the authorization to discharge shall expire at midnight on October 9, 2028.
Signed this day September 26,2023.
Isaiah Reed, MS rog am Coor -nator
Division of Energy,Mineral,and Land Natural Resources
By the Authority of the Environmental Management Commission

Permit: NCS000246
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Table of Contents
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PART 1: PERMIT COVERAGE...........................................................................................................3
1.1 Authorized Discharges........................................................................................................3
1.2 Permitted MS4 Area............................................................................................................4
1.3 Co-Permittees......................................................................................................................4
1.4 Shared Responsibility..........................................................................................................4
1.5 Annual Administering and Compliance Monitoring Fee....................................................4
1.6 Duty to Reapply..................................................................................................................5
1.7 Permit Actions and Limitations...........................................................................................5
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PART 2: STORMWATER MANAGEMENT PROGRAM................................................................6
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2.1 Program Implementation.....................................................................................................6
2.2 Minimum Control Measures...............................................................................................6
2.3 Reliance on Qualifying Alternative Programs to Meet Permit Requirements....................7
2.4 Notification to Modify Program..........................................................................................7
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PART 3: STORMWATER MANAGEMENT PLAN(SWMP) ..........................................................8
3.1 General Requirements.........................................................................................................8
3.2 Public Education and Outreach Program............................................................................8
3.3 Public Involvement and Participation Program...................................................................8
3.4 Illicit Discharge Detection and Elimination Program.......................................................10
3.5 Construction Site Runoff Control Program(Construction Program)................................11
3.6 Post-Construction Site Runoff Control Program (Post-Construction Program)...............14
3.7 Pollution Prevention and Good Housekeeping Programs.................................................16
3.8 Total Maximum Daily Load(TMDL)...............................................................................17
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3.9 Program to Monitor and Evaluate Industrial Storm Water Discharges.............................18
3.10 Water Quality Assessment and Monitoring......................................................................20
PART4: ANNUAL REPORT...............................................................................................................21
4.1 SWMP Annual Report......................................................................................................21
4.2 Program Modifications......................................................................................................21
4.3 Submittal Schedule............................................................................................................21
PART 5: DOCUMENTATION STANDARDS...................................................................................22
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Permit: NCS000246
5.1 Electronic Submittals........................................................................................................22
5.2 Non-Electronic Submittals................................................................................................22
5.3 Signatory Authority...........................................................................................................22
5.4 Signatory Certification......................................................................................................22
5.5 Record Keeping Requirements..........................................................................................23
5.6 Supplemental or Corrected Information............................................................................23 i
PART 6: COMPLIANCE AND LIABILITY......................................................................................24
6.1 Duty to Comply.................................................................................................................24
6.2 Duty to Mitigate................................................................................................................24
6.3 Twenty-four Hour Noncompliance Reporting..................................................................25
6.4 Civil and Criminal Liability 25
6.5 Oil and Hazardous Substance Liability.............................................................................25
6.6 Property Rights..................................................................................................................25
6.7 Severability .......................................................................................................................25
6.8 Duty to Provide Information.............................................................................................25
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6.9 Penalties for Tampering....................................................................................................25
6.10 Penalties for Falsification of Reports................................................................................26
6.11 Need to Halt or Reduce not a Defense..............................................................................26
6.12 Proper Operation and Maintenance...................................................................................26
PART 7: INSPECTION,ENTRY AND AVAILABILITY OF REPORTS......................................27
7.1 Inspection and Entry .........................................................................................................27
7.2 Availability of Reports......................................................................................................27
PART8: DEFINITIONS.......................................................................................................................28
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Permit: NCS000246
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PART 1: PERMIT COVERAGE
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1.1 Authorized Discharges
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1.1.1 During the period beginning on the effective date of the permit and lasting until
expiration,the permittee is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4)to receiving waters of the State, within the Cape Fear
River Basin.
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1.1.2 All discharges authorized herein shall be managed in accordance with the terms and
conditions of this permit. Any other point source discharge to surface waters of the state
is prohibited unless it is an allowable non-stormwater discharge or is covered by another
permit, authorization, or approval.
1.1.3 Authorized discharges shall be controlled, limited, and monitored in accordance with the
permittee's approved Stormwater Management Plan(SWMP).
1.1.4 All provisions contained and referenced in the approved SWMP,along with all
provisions and approved modifications of the SWMP,are incorporated by reference and
are enforceable parts of this permit.
1.1.5 The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, non-stormwater discharges are also authorized through the MS4 if such
discharges are:
a) Permitted by and in compliance with another authorization or approval, including
discharges of process and non-process wastewater, permitted groundwater discharges
and stormwater associated with industrial activity; or
b) Determined by the permittee to be incidental non-stormwater flows that do not
significantly impact water quality and may include:
• Splash Pads and spray grounds.
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate(commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• Individual residential and charity car washing:
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
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Permit: NCS000246
• flows from emergency firefighting activities.
c) The Division of Energy, Mineral and Land Resources,herein referred to as the
Division,may require that non-stormwater flows of this type be controlled by the
permittee's Stormwater Management Plan if it has been determined by the Division
that the subject non-stormwater flow could potentially have a significant impact on
receiving waters.
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1.2 Permitted MS4 Area
This permit covers activities associated with the discharge of stormwater from the MS4 owned
and operated by the permittee within the corporate limits of the permittee. The permit also
applies to the areas that seek coverage under this permit through inter-local or other similar
agreements with the permittee. Aspects of the minimum control measures defined herein may
also apply to extra-territorial jurisdiction(ET.i)as determined by the subject municipal ordinance.
13 Co-Permittees
1.3.1 Agreements for coverage under this permit shall be approved by the Division.
1.3.2 The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee
may petition the Division to revoke or deny coverage under this permit for specific
entities.
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1.4 Shared Responsibility
1.4.1 An operator of a regulated MS4 may share the responsibility to implement the minimum
control measures with other entities provided:
a) The other entity, in fact, implements the control measure(s);
b) The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
c) There is a legal agreement for the other entity to implement the control measure(s) on
behalf of the MS4.
1.4.2 Unless implemented by the State,the permittee remains responsible for compliance if the
other entity fails to perform the permit obligation and may be subject to enforcement
action if neither the permittee nor the other entity filly performs the permit obligation.
1.5 Annual Administering and Compliance Monitoring Fee
The permittee shall pay the administering and compliance monitoring fee within 30(thirty)days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause the Division to initiate action to revoke this permit and/or
deny permit renewal.
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Permit: NCS000246
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1.6 Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date,the permittee shall submit a
permit renewal application and fees, as are required, no later than 180 days prior to the expiration
date of this permit.
Any permittee that has not requested renewal at least 180 days prior to expiration,or any
discharge that does not have a permit after the expiration and has not requested renewal at least
180 days prior to expiration, shall be subject to enforcement procedures as provided in NCGS
143-215.6 and 33 USC 1251 et seq.
The renewal application shall include: a review of the Stormwater Management Program
development and implementation over the life of this permit,the status of compliance and
programs, and a description of further program development to be implemented over the future
permitting time period.
1.7 Permit Actions and Limitations
1.7.1 The issuance of this permit does not prohibit the Division from reopening and modifying
the permit,revoking,and reissuing the permit, or terminating the permit as allowed by
the laws, rules,and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H
.0100; and North Carolina General Statute 143-215.1 et. Al
1.7.2 The filing of a request by the permittee for a permit modification, revocation and
reissuance, or termination, or a notification of planned changes or anticipated
noncompliance does not stay any permit condition.
1.7.3 This permit does not relieve the permittee from responsibility for compliance with any
applicable federal, state, or local law, rule, standard, ordinance, order,judgment, or
decree.
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Permit:NCS000246
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PART 2: STORMWATER MANAGEMENT PROGRAM
2.1 Program Implementation
The permittee shall implement all requirements herein to the maximum extent practicable(MEP)and
allowable by law.
To maintain compliance with this permit, the permittee shall implement, manage, and oversee all
provisions of its approved SWMP to control,to the maximum extent practicable(MEP)and allowable by
law, the discharge of pollutants associated with stormwater runoff and illicit discharges,and including
spills, from its MS4. This includes all, but is not limited to,the following areas:
2.1.1 The permittee shall maintain adequate funding and staffing to implement and manage the !I
provisions of the SWMP and meet all requirements of this permit.
2.1.2 The permittee shall evaluate the performance and effectiveness of the program
components at least annually. Results shall be used by the permittee to modify the
program components as necessary to accomplish the intent of the Stormwater Program.
This evaluation shall be separate from, and in addition to the annual reporting
requirements outlined in Part 4 of this permit.
2.1.3 If discharges are determined by the permittee to cause or contribute to non-attainment of
an applicable water quality standard, the permittee shall expand or better tailor its BMPs
within the scope of the six minimum control measures to address the discharges.
2.1.4 The permittee shall notify the Division of any planned modifications to the SWMP. All
major changes must be approved in writing by the Division prior to implementation.
2.1.5 The permittee shall make its SWMP available to the Division upon request.
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2.1.6 The permittee shall keep an up-to-date version of its permit and SWMP available to the
Division and the public online. Ordinances or other regulatory mechanisms(or a list
thereof)providing the legal authority necessary to implement and enforce the
requirements of the permit and SWMP shall also be posted online.
2.1.7 The Permittee shall submit a revised Stormwater Management Plan which reflects a
program compliant with this permit no later than 12 months after the effective date of this
permit.
2.2 Minimum Control Measures
2.2.1 Compliance with the six minimum control measures(MCMs)and the requirements of
this permit constitute compliance with the Clean Water Act to reduce the discharge of
pollutants from the MS4, to the maximum extent practicable, to protect water quality, and
to satisfy the applicable water quality requirements of the Clean Water Act.
Implementation of best management practices consistent with the provisions of the
approved SWMP constitutes compliance with the standard of reducing pollutants to the
maximum extent practicable.
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2.2.2 The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures
shall identify specific action steps, schedules,resources, and responsibilities for
implementing the MCMs. Written procedures shall be free standing and separate from the
Stormwater Management Plan.
Reliance on Qualifying Alternative Programs to Meet Permit Requirements
2.2.3 The permittee shall clearly identify in the SWMP the qualifying alternative program
components that will be utilized to meet specific permit requirements.
2.2.4 Any qualifying alternative program components utilized to meet the requirements of this
permit shall become an enforceable part of this permit.
2.2.5 Qualifying alternative programs include those programs that comply with the North
Carolina Sediment Pollution Control Act of 1973, Chapter 4 of Title 15A of the North
Carolina Administrative Code, Title 15A NCAC 02H .1017 of the North Carolina
Administrative Code.
2.3 Notification to Modify Program
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2.3.1 When changes to the program are required by the Division,the permittee shall provide �
certification in writing to the Division that the changes have been made.
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2.3.2 The Division may notify the permittee when the SWMP does not meet one or more of the
requirements of the permit. Within ninety(90)days of such notice,the permittee shall
submit a plan and time schedule to the Division for modifying the SWMP to meet the
requirements. The Division may approve the plan, approve a plan with modifications,or
reject the proposed plan. Nothing in this paragraph shall be construed to limit the
Division's ability to conduct enforcement actions for violations of this permit.
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Permit: NCS000246
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PART 3: STORMWATER MANAGEMENT PLAN(SWMP)
This permit requires the full and proper implementation of the approved SWMP detailing the MS4s
compliant stormwater management program. To the extent allowable under State and local law,the
permittee must develop and implement a SWMP in accordance with Section 402(p)(3)(B)(iii)of the
Clean Water Act. The purpose of the SWMP is to establish and define the means by which the permittee
will comply with the MS4 permit and with the applicable provisions of the Clean Water Act.
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3.1 General Requirements
3.1.1 The SWMP shall include, at a minimum, specific and measurable goals that define
program elements to fully implement each of the six minimum control measures
(MCMs): public education and outreach on stormwater impacts,public involvement and
participation, illicit discharge detection and elimination, construction site runoff control, j
post-construction stormwater management, and pollution prevention/good housekeeping
for municipal operations.In addition to the six minimum control measures,the permittee
shall also define elements to fully implement a water quality assessment and monitoring
program, a program to monitor and evaluate industrial stormwater discharges and any
applicable Total Maximum Daily Load(TMDL) requirements.
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3.1.2 The SWMP shall include, at a minimum, specific and measurable goals that define
program elements to fully implement a program to monitor and evaluate storm water
discharges to municipal systems from hazardous waste treatment, disposal, and recovery
facilities.
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3.1.3 The SWMP shall identify specific position(s)and responsibilities for the implementation
of each MCM and any TMDL requirements, as well as overall coordination and
management of the SWMP.
3.1.4 The SWMP shall detail the permittee's Stormwater Management Program for the five-
year term of the stormwater permit. Each MCM shall have: a narrative description of the
program, a table that identifies each best management practice(BMP) used,the
frequency of the BMP,the measurable goals for each BMP,the implementation schedule,
funding, and the responsible person or position for implementation.
3.1.5 The SWMP shall be submitted to the Division for review and approval.
3.1.6 The approved SWMP shall become an enforceable part of this permit.
3.2 Public Education and Outreach Program
The SWMP shall identify the specific elements and implementation of a Public Education and
Outreach Program to share educational materials to the community or conduct equivalent
outreach activities about the impacts of stormwater discharges on water bodies and how the
public can reduce pollutants in stormwater runoff. The permittee shall document the extent of
exposure of each media, event or activity, including those elements implemented locally or
through a cooperative agreement and,at a minimum, shall:
3.2.1 Define the goals and objectives of the program based on at least three high priority,
community-wide issues (e.g. reduction of nitrogen in discharges from the MS4,
promoting pervious techniques used in the MS4);
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Permit: NCS000246
3.2.2 Identify target audience(s)or steps to determine the target audience(s);
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3.2.3 Create an appropriate message(s) based on at least three targeted residential issues and
three targeted industrial/commercial issues appropriate to the MS4.
3.2.4 Develop appropriate educational materials(e.g. the materials can utilize various media
such as printed materials, billboard and mass transit advertisements, signage at select
locations, radio advertisements,television advertisements,websites); j
3.2.5 Determine methods and process of distribution;
3.2.6 Utilize public input(e.g., the opportunity for public comment, or public meetings) in the
development of the program.
3.2.7 During the term of the permit, the permittee must distribute the educational materials,
using whichever methods and procedures determined appropriate by the permittee, in
such a way that is designed to convey the program's message to an average of 20% of the
target audience each year.
3.2.8 Within the permit term,the permittee shall assess,as thoroughly as resources allow,
changes in public awareness and behavior resulting from the implementation of the
program such as using a statistically valid survey and modify the education/outreach
program accordingly as determined necessary by the permittee.
3.2.9 The permittee must assess its stormwater education/outreach program annually as
specified in this permit. The permittee must adjust its educational materials and the
delivery of such materials to address any shortcomings found as a result of this
assessment. This assessment may be included in the evaluation outlined in 2.1.2 of this
permit.
3.3 Public Involvement and Participation Program
The permittee is required to involve the public in the planning and implementation of activities
related to the development and implementation of the SWMP. At a minimum,the permittee must:
3.3.1 The permittee may establish a stand-alone group or utilize an existing group or process.
The advisory group must consist of a balanced representation of all affected parties,
including residents, business owners, and environmental organizations in the MS4 area
and/or affected watershed. The permittee must invite the citizen advisory group to
participate in the development and implementation of all parts of the permittee's SWMP.
If efforts to establish a citizen advisory group have been unsuccessful,the permittee shall
describe the reasons such advisory group has not been established. Such as lack of
interest or participation.
3.3.2 Create opportunities for citizens to participate in the implementation of stormwater
controls(e.g., stream clean-ups, storm drain stenciling,volunteer monitoring, and
educational activities)at a minimum of 2(two) separate events annually.
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3.4 Illicit Discharge Detection and Elimination Program
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The SWMP shall identify the specific elements to develop, implement,and enforce an Illicit
Discharge Detection and Elimination(IDDE)Program.At a minimum,the IDDE Program shall:
3.4.1 Develop, update,and maintain a municipal storm sewer system map including
stormwater conveyances, flow direction, major outfalls and receiving waters. The MS4
map shall include areas zoned for industrial use.
3.4.2 Provide an IDDE ordinance or other regulatory mechanism that provides legal authority
to prohibit, detect, and eliminate illicit connections and discharges, and spills into the
MS4, including enforcement procedures and actions. The IDDE Ordinance shall be
reviewed annually and updated as necessary to address issues identified by the permittee.
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3.4.3 Maintain and implement a written IDDE Plan to detect and address illicit discharges, ,
spills and any non-stormwater discharges identified as significant contributors of
pollutants to the MS4. The plan shall provide standard procedures and documentation to
locate priority areas likely to have illicit discharges. This may include: Areas with older
infrastructure,areas with industrial/commercial use, areas with a history of illicit
discharges, areas with onsite sewage disposal systems,areas with older sewer lines or
with a history of sewer overflow or cross-connection,and areas upstream of sensitive
waterbodies. This priority area list must be reviewed and updated as needed annually to
reflect changing priorities and be available for review by the permitting authority.
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3.4.4 The permittee must continue to implement and revise, if necessary, written procedures to
detect and eliminate illicit discharges to the MS4. These procedures must be included as
part of the IDDE program. .
3.4.5 Conduct dry weather field screening at each major outfall at least once per permit term.
Dry weather field screening consists of(1)field observations(e.g.,deposits/stains,
vegetation condition, structural condition,and aquatic life); and (2) sampling dry weather
flows (as outlined in 3.4.6)where the source of an illicit discharge is not immediately
identified.
3.4.6 Sample dry weather flows according to requirements outlined in (a)and(b)below if flow
or ponded runoff is observed at a field screening station and there has been at least
seventy-two (72)hours of dry weather and the source of the discharge is not immediately
identified. The permittee must also record general information such as time since last
rain, quantity of last rain, site descriptions (e.g., conveyance type, dominant watershed
land uses), flow estimation(e.g., width of water surface, approximate depth of water,
approximate flow velocity, flow rate), and visual observations (e.g., odor, color, clarity,
floatables, deposits/stains, vegetation condition, structural condition,and biology).
a) Analytical monitoring requirements: The permittee is required to conduct a field
screening analysis for the following constituents. Samples must be analyzed
consistent with the procedures required by 40 CFR Part 136, at a minimum, for
the following parameters: pH; conductivity; temperature; turbidity and dissolved
oxygen.
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b) Develop benchmark concentration levels for dry weather field screening and
analytical monitoring results whereby exceedance of the benchmark will require
follow-up investigations to be conducted to identify and eliminate the source j
causing the exceedance of the benchmark.
3.4.7 To determine if updates are needed, the permittee shall assess its IDDE program once per
permit term and update as needed.
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3.4.8 Provide a mechanism for tracking and documenting each illicit discharge, illicit
connection or spill event including date(s)reported and/or observed,the results of the
investigation, any follow-up of the investigation, the date the investigation was closed,
the issuance of enforcement actions, and the ability to identify chronic violators.
3.4.9 Train municipal staff and applicable contractors who, as part of their normal job
responsibilities,may observe an illicit discharge, illicit connection, or spills. Training
shall include how to identify and report illicit discharges, illicit connections,and spills.
Each staff training event shall be documented, including the agenda/materials, date, and
number of staff participating.
3.4.10 Provide a mechanism for the public and staff to report illicit discharges, and spills. The
mechanism shall be publicized to facilitate reporting and shall be managed to provide
rapid response by appropriately trained personnel.
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3.5 Construction Site Runoff Control Program (Construction Program)
The permittee must continue to implement a program which requires operators of public or
private"construction activities"to select, install, implement, and maintain stormwater control
measures that comply with 15A NCAC Chapter 04 and the North Carolina Sediment Pollution
Control Act of 1973 (SPCA). "Construction activity"for this permit includes, at a minimum, all
private construction sites that result in a total land disturbance of either one or more acres or that
result in a total land disturbance of less than one acre if part of a larger common plan or
development or sale, or an alternative threshold that includes disturbances of less than one acre.
Reliance upon a North Carolina Sediment Pollution Control Act of 1973 (SPCA)program as
defined in 15A NCAC Chapter 04 may be used to meet requirements 3.5.1 through 3.5.9 below.
The permittee's Construction Site Runoff Control Program shall, at a minimum:
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3.5.1 Continue to require each operator of a construction activity to prepare and submit an
Erosion and Sediment Control (E&SC)Plan prior to the disturbance of land for the
permittee's review and written approval prior to issuance of any land disturbance permit.
The permittee must make it clear to operators of construction activity that they are
prohibited from commencing construction activity until they receive receipt of written
approval of the E&SC plans. If the E&SC plan is revised,the permittee must review and
approve those revisions. "Construction activities"and "land disturbance"may exclude
activities associated with installing erosion controls as determined necessary by the
permittee.
3.5.2 Continue to implement site plan review procedures that meet the following minimum
requirements:
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(a) The permittee must not approve any E&SC plan unless it contains appropriate site-
specific construction site control measures that meet the minimum requirements in
Part 3.5.3 of this permit.
(b) The E&SC plan must include the rationale used for selecting control measures,
including how the control measure protects a waterway or stormwater conveyance.
(c) The permittee must use qualified individuals,knowledgeable in the technical review
of E&SC plan to conduct such reviews.
(d) The permittee must document its review of each E&SC plan using an appropriate
tracking system.
3.5.3 Ensure the following minimum requirements are effectively implemented for all
construction activity discharging to its MS4: All Erosion and Sediment Controls are
designed, installed, and maintained to:
(a) Control stormwater volume and velocity within the site to minimize soil erosion;
(b) Control stormwater discharges, including both peak flowrates and total stormwater
volume, to minimize erosion at outlets and to minimize downstream channel and
streambank erosion; i
(c)Minimize the amount of soil exposed during construction activity;
(d)Minimize the disturbance of steep slopes;
(e)Minimize sediment discharges from the site. The design, installation and maintenance
of erosion and sediment controls must address factors such as the amount, frequency,
intensity and duration of precipitation,the nature of resulting stormwater runoff, and soil
characteristics, including the range of soil particle sizes expected to be present on the site; j
(f)Provide and maintain natural buffers around surface waters, direct storm water to
vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible; and
3.5.4 Establish and implement an ordinance or other regulatory mechanism to require erosion
and sediment controls,as well as sanctions to ensure compliance,to the extent allowable
under State, Tribal or local law.
3.5.5 Prohibit the following discharges:
(1)Wastewater from washout of concrete, unless managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco, paint, from release oils, curing
compounds and other construction materials;
(3) Fuels, oils,or other pollutants used in vehicle and equipment operation and
maintenance; and,
(4) Soaps or solvents used in vehicle and equipment washing.
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3.5.6 Require outlet structures that withdraw water from the surface when discharging from
basins and impoundments, unless infeasible.
3.5.7 Maintain an inventory of all active private construction sites and construction activities
undertaken by the permittee that result in a total land disturbance of an acre or more. The
inventory must be continuously updated as new projects are permitted and projects are
completed. The inventory must contain relevant contact information for each project
(e.g.,name, address, phone,etc.),the size of the project and area of disturbance, the date j
the permittee approved the erosion and sediment control/stormwater plan. The permittee
must make the inventory available upon request available to the permitting authority
upon request. j
3.5.8 Establish and implement procedures for site inspection and enforcement of control
measures. Erosion control sites shall be inspection at a minimum frequency of 2 (two)
inspections per year.
3.5.9 Require construction site operators to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impact to water quality.
3.5.10 Provide and promote a means for the public to notify the appropriate authorities of
observed erosion and sedimentation problems.
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3.5.11 Provide training for applicable municipal staff on appropriate jurisdictional and
regulatory response concerning any land disturbance projects within the municipal
boundaries.
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3.6 Post-Construction Site Runoff Control Program (Post-Construction Program)
The S WMP shall identify the specific elements to develop, implement, and enforce a Post-
Construction Program to address stormwater runoff from development projects that disturb
greater than or equal to one acre, including projects less than one acre that are part of a larger
common plan of development or sale, that discharge into the MS4. At a minimum,the Post-
Construction Program shall meet or exceed the standards within 15A NCAC 02H .1017 and shall
provide:
3.6.1 Qualifying Alternative Post-Construction Programs
Unless the permittee's Post-Construction program is more stringent than the Water Supply
Watershed program, in accordance with 15A NCAC 02H .1017, the permittee shall implement
the following Post-Construction Program(s)to meet NPDES MS4 Post-Construction Program
requirements in the geographic areas where they are implemented. The permittee shall maintain
a map indicating where each of the following programs apply.
a) Cape Fear River, Cross Creek and Little Cross Creek Water Supply Watershed
Program— 15A NCAC 2B .0620 - .0624
3.6.2 Legal Authority
The permittee shall maintain adequate legal authorities through ordinance or other
regulatory mechanism to:
a) Review designs and proposals for development projects to determine whether
adequate stormwater control measures will be installed, implemented, and
maintained.
b) Request information such as stormwater plans, inspection reports,monitoring results,
and other information deemed necessary to evaluate compliance with the Post-
Construction Program.
c) Enter private property for the purpose of inspecting at reasonable times any facilities,
equipment, practices, or operations related to stormwater discharges to determine
compliance with the Post-Construction Program.
3.6.3 Plan Review and Approval
The permittee shall maintain plan review and approval authority, standards, and
procedures to:
a) Require Federal, State, and local government projects to comply with Post-
Construction Program requirements throughout the entire MS4 permitted area, unless
the entity is subject to its own NPDES MS4 permit or a qualifying alternative
program.
b) Conduct site plan reviews of all new development and redeveloped sites that disturb
greater than or equal to one acre, and sites that disturb less than one acre that are part
of a larger common plan of development or sale for compliance with 15A NCAC
02H .1017 and the qualifying alternative programs that apply within your
jurisdiction.
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c) Ensure that each project has an Operation and Maintenance Agreement that meets or
exceeds the standards within 15A NCAC 02H .1050(l1).
d) Ensure that each project has an Operation and Maintenance Plan that meets or
exceeds the standards within 15A NCAC 02H .1050(12). j
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e) Ensure that each project has recorded deed restrictions and protective covenants, that
require the project to be maintained consistent with approved plans.
f) Ensure that each SCM and associated maintenance accesses be protected in a
permanent recorded easement per 15A NCAC 02H 1050 (9)and(10).
3.6.4 Inspections and Enforcement
The permittee shall maintain inspection and enforcement authority, standards, and
procedures to:
a) Conduct post-construction inspections prior to issuing a Certificate of Occupancy or
a Temporary Certificate of Occupancy. Alternatively,the project owner may provide
a surety bond to guarantee compliance with the approved plan(s).
b) Ensure that the project has been constructed in accordance with the approved plan(s).
c) Ensure annual inspection of each permitted SCM to ensure compliance with the
approved Operation and Maintenance Agreement.
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d) Ensure inspection of low density projects at least once during the permit term.
e) Require that inspections be conducted by a qualified professional.
3.6.5 Documentation f
The permittee shall maintain adequate documentation and standardized inspection and
tracking mechanisms to:
a) Maintain an inventory of post-construction SCMs and low density projects.
b) Document, track and maintain records of inspections and enforcement actions.
Tracking shall include the ability to identify chronic violators.
c) Make available to developers all relevant ordinances,post-construction requirements,
design standards, checklists, and/or other materials.
3.6.6 Fecal Coliform Reduction Program
The permittee shall control,to the maximum extent practicable, sources of fecal coliform
per 15A NCAC 02H .1017(7). At a minimum, the program shall include:
a) A pet waste management component, which may be achieved by revising an existing
litter ordinance, and
b) An on-site domestic wastewater treatment system component, if applicable, which
may be coordinated with local county health department, to ensure proper operation
and maintenance of such systems.
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3.7 Pollution Prevention and Good Housekeeping Program j
The SWMP shall identify the specific elements for development and implementation of a
comprehensive suite of operation and maintenance programs to prevent and minimize pollutants
in runoff from municipal facilities and operations. At a minimum, pollution prevention and good
housekeeping program for municipal operations shall include the following:
3.7.1 Municipal Facilities Operation and Maintenance procedures to manage facilities that are
owned and operated by the permittee and have the significant potential for generating
polluted stormwater runoff. The permittee shall maintain a current inventory of
municipal facilities; perform facility inspections and routine maintenance; establish
specific frequencies, schedules,and standard documentation; provide staff training on
general stormwater awareness and implementing pollution prevention and good
housekeeping practices.
3.7.2 The permittee must use information compiled from inspections and citizen
complaints/reports to help in the assessment/identification of priority areas, and
subdivided as zones 1-6.
3.7.3 Based on the zones assigned in Part 3.7.2., the permittee shall inspect and clean catch
basins in accordance with the following schedule:
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Zones 1 and 2—3 times per year
Zones 3 and 4—2 times per year
Zones 5 and 6— I time per year
3.7.4 Storm drain labeling—Beginning Permit year 2, Storm-drain labeling shall be
accomplished through pre-cast structure requirements.
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3.7.5 Spill Response Program for facilities and operations that store and/or use materials that
have the potential to contaminate stormwater runoff if spilled. The permittee shall
maintain written spill response procedures and train staff on spill response procedures.
3.7.6 MS4 Operation and Maintenance Program to minimize pollutants in the stormwater
collection system. The permittee shall provide operation and maintenance staff training
on stormwater awareness and pollution prevention, perform MS4 inspections,maintain
the collection system including catch basins and conveyances; and establish specific
frequencies, schedules, and standard documentation.
3.7.7 Municipal SCM Operation and Maintenance Program to manage municipally-owned,
operated, and/or maintained structural SCMs that are installed for compliance with the
permittee's post-construction program. The permittee shall maintain a current inventory
of SCMs, perform SCM inspections at least annually. The permittee shall perform
maintenance in accordance with established specific frequencies, schedules, and
documentation in accordance with the operation and maintenance plan.
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3.7.8 Pesticide, Herbicide and Fertilizer Management Program for municipal staff to minimize
water quality impacts from the use of landscape chemicals. The permittee shall provide
for routine pollution prevention and chemical use, storage and handling training,and
shall ensure compliance with permits and applicator certifications.
3.7.9 Vehicle and Equipment Maintenance Program to prevent and minimize contamination of
stormwater runoff from areas used for municipal vehicle and equipment maintenance
and/or cleaning. The permittee shall ensure that municipal industrial facilities subject to
NPDES industrial permitting comply with those permit requirements, provide routine
pollution prevention training to staff, perform routine inspections, and establish specific
frequencies, schedules,and documentation.
3.7.10 Pavement Management Program to reduce pollutants in stormwater runoff from
municipally owned streets, roads, and parking lots within the permittee's corporate limits.
The permittee shall implement measures to control litter, leaves, debris, particulates and
other pollutants associated with vehicle traffic, and establish specific frequencies,
schedules, and documentation. At a minimum, the following areas must be regarded as
high and low frequency.
High frequency—Streets, road segments, and public parking lots(that have been
provided curb and gutter)designated as high frequency include, but are not limited to,
high traffic zones, commercial and industrial districts, shopping malls, large schools,
high-density residential dwellings, sport and event venues, and plazas maintained by the j
permittee.
Low frequency—Streets and road segments designated as low frequency include, but are
not limited to,NCDOT maintained.
3.7.11 Implementing sweeping schedules—The permittee must sweep streets/roads/public
parking lots in accordance with the following frequency:
High frequency—average of at least 4 times per year.
Low frequency—average of at least 2 times per year.
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3.7.12 Sweeper Waste Material Disposal—The permittee must develop a procedure to dewater
and dispose of street sweeper waste material. This procedure must ensure that water and
material will not reenter the MS4.
3.7.l3 Operator training—Street sweeper operators must be trained to enhance operations for
water quality benefit.
3.8 Total Maximum Daily Load (TMDL)
3.8.1 The permittee shall comply with the requirements of an approved TMDL with an
assigned NPDES MS4 Waste Load Allocation(WLA)for any applicable receiving
waters.
3.8.2 If no NPDES MS4 WLA exists for an approved TMDL, the permittee shall document an
evaluation of strategies to tailor and/or expand BMPs within the scope of the six MCMs
to enhance water quality recovery strategies to acknowledge the TMDL and reduce
pollutants of concern in the watershed(s)to which the TMDL applies.
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3.8.3 Compliance with an approved alternative approach, such as an approved category 4(b)
watershed improvement strategy plan constitutes compliance with Part 3.8 of this permit.
3.8.4 For new TMDLs that are not addressed above, the following shall apply upon the date of
EPA's final approval of a TMDL:
a) Within 12 months,the permittee's annual reports shall include a description of, and a
brief explanation as to how existing programs, controls, partnerships, projects, and
strategies address impaired waters.
b) Within 24 months,the permittee's annual reports shall include an assessment of
whether additional structural and/or non-structural BMPs are necessary to address the
NPDES MS4 WLA assigned to the municipality.
c) Within 36 months,the permittee's SWMP shall be updated to include appropriate
BMPs to address the NPDES MS4 WLA assigned to the municipality.
3.9 Program to Monitor and Evaluate Industrial Storm Water Discharges to Municipal
Systems.
3.9.1 The Permittee shall develop or continue to maintain a program to evaluate pollutants in
storm water discharges to the permittee's MS4 from hazardous waste treatment, disposal,
and recovery facilities, industrial facilities subject to section 313 of Title III of the
Superfund Amendments and Reauthorization Act of 1986(SARA), and Industrial
facilities identified with an industrial activity permitted(as defined in 4 CFR 122.26)to
discharge storm water to the permittee's MS4.
3.9.2 The permittee must continue to maintain an inventory of all sources within itsjurisdiction
(regardless of ownership)that could discharge pollutants in stormwater to the MS4. The
inventory must be updated annually and available for review by the permitting authority
upon request. In addition to all sites subject to an NPDES Industrial Stormwater Permit, it
is recommended that the inventory include the following potential sources:
(a) Mobile automobile or other vehicle washing
(b) Mobile carpet, drape or furniture cleaning
(c) Painting and coating
(d) Pest control services
(e) Portable sanitary services
(f) Building material retailers and storage
(g) Cement mixing and cutting
(h) Animal/food processing facilities
3.9.3 The inventory must include the following minimum information for each industrial site:
(a) Name
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(b) Address
(c) Physical Location of discharge
(d) Name of receiving water
(e) Pollutants potentially generated by the site/source
(f) Identification of whether the site/source is(1)tributary to an impaired water body
segment(i.e.,whether it is listed under Section 303(d) of the Clean Water Act)and
(2)whether it generates pollutants for which the water body segment is impaired j
3.9.4 The permittee shall develop and implement a written program to identify frequencies and
specific procedures for inspecting the facilities identified in part 3.9.2 above. The
permittee shall evaluate control measures implemented at all facilities identified in part
3.9.2 above and establish procedures for reporting significant issues to the permitting
agency.
3.9.5 During Industrial facility inspections,the permittee shall require appropriate Best
Management Practices to best meet the goals of the program. Examples of these practices
include:
(a)Using grading,berming,or curbing to prevent runoff of contaminated flows and
divert run-on away from these areas
(b)Locating materials, equipment, and activities so that leaks are contained in existing
containment and diversion systems (confine the storage of leaky or leak-prone vehicles
and equipment awaiting maintenance to protected areas)
(c)Cleaning up spills and leaks promptly using dry methods(e.g., absorbents)to prevent
the discharge of pollutants
(d)Using drip pans and absorbents under or around leaky vehicles and equipment or store
indoors where feasible
(e)Using spill/overflow protection equipment C
(f)Draining fluids from equipment and vehicles prior to on-site storage or disposal
(g)Performing all cleaning operations indoors, under cover, or in bermed areas that
prevent runoff and run-on and also that capture any overspray
(h) Ensuring that all wash water drains to a proper collection system (i.e., not the
stormwater drainage system)
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3.10 Water Quality Assessment and Monitoring
Permittee shall develop and implement a monitoring and assessment program.A description of this
program must be included in the Stormwater Management Plan. The monitoring and assessment
program must be designed to assess the impact of MS4 discharges on receiving waters and aid in
the identification of stormwater pollutant sources.
When developing the monitoring plan, the permittee shall consider a variety of factors, including,but not
limited to, land use conditions, stream status/characteristics, and utilization of monitoring results. The
plan shall contain:
a) A justification for the stream selection(s);
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b) Identification and source determination of pollutant(s)of concern;
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c) Monitoring details;
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d) Records requirements;
e) Description of how the permittee will evaluate stormwater impacts to receiving waters;
I) Description of how data will be gathered to inform program decisions and prioritization
of future activities related to the protection of water quality;
g) Acknowledgement that appropriate monitoring protocols and techniques will be used for
instream monitoring. i
The permittee shall sample the major receiving streams within the municipality quarterly. Major receiving
streams shall include Carvers Creek, Little Rockfish Creek, Buckhead Creek, Beaver Creek, Cross Creek,
and Blounts Creek. Sample analysis parameters shall include temperature, turbidity, pH, conductivity,
ammonia, fecal coliform, nutrients, TSS,and metals.
3.11 Visual Stream Survey
The Permittee shall develop and implement visual stream survey protocols in the Dry Weather Screening
component of the Illicit Discharge Detection and Elimination (IDDE)program or sampling program. The
permittee protocol must address the following at a minimum:
a) Training, Safety, and Private Property Access;
b) Equipment and logistics;
c) Recordkeeping and photo documentation;
d) Visual Survey Assessment elements such as: Channel condition, hydrologic alteration,
bank condition, riparian area condition, canopy cover,water appearance, nutrient
enrichment, animal or human waste presence, pools, barriers, fish habitat complexity,
invertebrate habitat, and riffle embeddedness.
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PART 4: ANNUAL REPORTING
Implementation of the Stormwater Management Plan shall include an annual report which documents of i
all program components identified in the Stormwater Management Plan as a reportable metric.
4.1 Annual Report
4.1.1 The permittee shall review and update the Stormwater Management Plan as necessary,
but at least on an annual basis, to identify compliance issues, necessary modifications and
improvements needed to maximize SWMP effectiveness.A summary of any changes
shall be included in the Annual Report,
4.1.2 The annual report shall document activities over the course of the fiscal year(July I —
June 30)and include appropriate information to accurately describe the progress, status,
and results of the permittee's Stormwater Management Plan and, at a minimum, shall:
a) Provide information on the establishment of appropriate legal authorities, inspections,
and enforcement actions.
b) Summarize past year activities, including specific annual reporting metrics identified
in the SWMP.
c) Describe the effectiveness of each program component.
d) Provide an evaluation of the program budget, including a summary of program costs,
funding sources, and gap analysis.
4.2 Program Modifications
4.2.1 The permittee shall describe and justify any proposed changes to the approved SWMP in
the annual report. The annual report shall include descriptions and supporting
information for the proposed changes and how these changes will impact the approved
SWMP(results,effectiveness, implementation schedule, fiscal analysis, etc.).
4.2.2 The permittee shall submit proposed SWMP changes to the Division for review and
approval.
4.2.3 The permittee shall not implement proposed changes prior to receiving written approval
from the Division.
4.3 Submittal Schedule
4.3.1 The permittee shall submit an annual report of the previous fiscal year activities to the
Division no later than October 31 of each year.
4.3.2 The Division may request additional reporting and/or monitoring information as
necessary to evaluate the progress and results of the permittee's SWMP.
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PART 5: DOCUMENTATION STANDARDS
5.1 Electronic Submittals
Beginning on December 21, 2020, and in accordance with federal reporting requirements
established in the final NPDES Electronic Reporting Rule adopted and effective December 21,
2015,the permittee shall electronically submit any required annual reports and monitoring data.
All required electronic submittals shall be made in accordance with Division guidance.
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5.2 Non-Electronic Submittals
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All reports required herein, not submitted electronically, shall be submitted to the following
address:
Department of Environmental Quality
Division of Energy,Mineral, and Land Resources- Stormwater Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
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5.3 Signatory Authority
All applications, reports, or information,other than those submitted electronically, shall be signed
by a principal executive officer, ranking elected official, or duly authorized representative. A
person is a duly authorized representative only if:
a. The authorization is made in writing by a principal executive officer or ranking elected
official;
b. The authorization specified either an individual or a position having responsibility for the I
overall operation of a regulated facility or activity or an individual or position having overall
responsibility for environmental/stormwater matters; and
c. The written authorization is submitted to the Division.
5.4 Signatory Certification
Any person signing a document under these permit requirements shall, at a minimum, make the
following certification:
"I certify, under penalty of law, that this document and all attachments
were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true,accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
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5.5 Record Keeping Requirements
5.5.1 Documentation shall be kept on-file by the permittee for a period of five years from the
date of expiration of this permit and made available to the Division or authorized
representative upon request.
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5.5.2 The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and copies of all reports required by this permit, for a period of
at least five years from the date of expiration of this permit. This period may be extended
by request of the Division.
5.6 Supplemental or Corrected Information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Division, it shall promptly
submit such facts or information.
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PART 6: COMPLIANCE AND LIABILITY j
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6.1 Duty to Comply
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The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination,revocation and reissuance,or modification; or denial of permit coverage upon
renewal application.
a. The permittee shall comply with standards or prohibitions established under Section
307(a)of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
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b. The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note)(currently
$37,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or j
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of$5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
C. 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. [Ref: North Carolina
General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
sections 301,302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of
the Act and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note)(currently
$11,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
are not to exceed the maximum amounts authorized by Section 309(g)(2)(13)of the Act
and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note)as
amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note) (currently
$11,000 per day for each day during which the violation continues, with the maximum
amount of any Class II penalty not to exceed $137,500).
6.2 Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
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6.3 Twenty-four Hour Noncompliance Reporting
The permittee shall report to the Division any noncompliance that may constitute an imminent
threat to health or the environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
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The written submission shall contain a description of the noncompliance, and its causes,the
period of noncompliance and if the noncompliance has not been corrected,the anticipated time
compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
6.4 Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
6.5 Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve j
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6.6 Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state, or local laws or regulations.
6.7 Severability
The provisions of this permit are severable,and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
6.8 Duty to Provide Information
The permittee shall furnish to the Division,within a reasonable time, any information which the
Division may request to determine whether cause exists for modifying, revoking and reissuing,or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Division upon request, copies of records required
by this permit.
6.9 Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
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imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4
years,or both.
6.10 Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
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6.11 Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
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6.12 Proper Operation and Maintenance
The permittee shall maintain all facilities and systems of treatment and control (and related
appurtenances)which are owned and/or operated by the permittee in operable condition to
achieve compliance with the conditions of this permit. Proper operation and maintenance j
includes adequate laboratory controls and appropriate quality assurance procedures as necessary.
This provision requires the operation of back-up or auxiliary facilities or similar systems that are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
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PART 7: INSPECTION,ENTRY AND AVAILABILITY OF REPORTS
7.1 Inspection and Entry
The permittee shall allow the Division, or an authorized representative(including an authorized
contractor acting as a representative of the Division), or in the case of a facility which discharges
through a municipal separate storm sewer system,an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment(including monitoring and control
equipment), practices,or operations of the permittee regulated or required under this
permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any f
location under the control of the permittee.
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7.2 Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the
Federal Act,33 USC 1318,all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Energy, Mineral, and Land
Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the
Federal Act.
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PART 8: DEFINITIONS
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1. Act: See Clean Water Act.
2. Annual Report: The standard document submitted by the permittee on an annual basis that
summarizes the SWMP implementation and activities conducted during the previous fiscal year.
3. Best Management Practice(BMP): Measures or practices used to reduce the amount of pollution
entering surface waters. BMPs can be structural or non-structural and may take the form of a process,
activity, physical structure or planning(see non-structural BMP). See also SCM.
4. Clean Water Act(CWA or Act): The Federal Water Pollution Control Act,also known as the Clean
Water Act, as amended, 33 USC 1251, et. seq.
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5. Common Plan of Development: A construction or land disturbing activity is part of a larger common
plan of development if it is completed in one or more of the following ways: in separate stages, in
separate phases, or in combination with other construction activities. It is identified by the
documentation(including but not limited to a sign, public notice or hearing, sales pitch,
advertisement, loan application, drawing, plats, blueprints, marketing plans,contracts, permit
application,zoning request, or computer design) or physical demarcation(including but not limited to
boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on
a specific plot. It can include one operator or many operators.
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6. Construction Activity: The disturbance of soils associated with clearing, grading,excavating, filling
of land, or other similar activities which may result in soil erosion.
7. Department(DEQ): The North Carolina Department of Environmental Quality.
8. Division(DEMLR): The Division of Energy,Mineral, and Land Resources in the Department of
Environmental Quality.
9. Illicit Discharge: Any discharge to a MS4 that is not composed entirely of stormwater except
discharges pursuant to an NPDES permit(other than the NPDES MS4 permit), and allowable non-
stormwater discharges.
10. Industrial Activity: For the purposes of this permit, industrial activities shall mean all industrial
activities as defined in 40 CFR 122.26.
11. Maior Municipal Separate Storm Sewer Outfall(or"Major Outfall'"): Major municipal separate
storm sewer outfall (or"major outfall")means a municipal separate storm sewer outfall that
discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent
(discharge from a single conveyance other than circular pipe that is associated with a drainage area of
more than 50 acres); or for municipal separate storm sewers that receive storm water from lands
zoned for industrial activity(based on comprehensive zoning plans or the equivalent),an outfall that
discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent
(discharge from other than a circular pipe associated with a drainage area of 2 acres or more).
12. Maximum Extent Practicable (MEP): MEP is defined in the Federal Register(U.S. EPA, 1999, p. f
68754). This document says that"Compliance with the conditions of the general permit and the series
of steps associated with identification and implementation of the minimum control measures will
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satisfy the MEP standard."Minimum control measures are defined in the Federal Register as(1)
public education and outreach, (2)public participation/involvement, (3) illicit discharge detection and
elimination, (4)construction site runoff control, (5)post-construction runoff control,and(6)pollution
prevention/good housekeeping. MEP are the controls necessary for the reduction of pollutants
discharged from a MS4, which consist of a combination of BMPs, control techniques, system design
and such other provisions as described in the SWMP. Implementation of BMPs consistent with the
provisions of the stormwater management program required pursuant to this permit constitutes
compliance with the standard of reducing pollutants to the MEP. Stormwater management programs
must be assessed and adjusted, as part of an iterative process, to maximize their efficiency and make
reasonable progress toward as ultimate goal of reducing the discharge of pollutants to the MEP.
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13. Municipal Separate Storm Sewer System (MS4): Pursuant to 40 CFR 122.26(b)(8) means a
conveyance or system of conveyances(including roads with drainage systems, municipal streets,
catch basins, curbs, gutters,ditches,manmade channels, or storm drains)owned or operated by the
United States, a State, city, town, county, district, association, or other public body(created by or
pursuant to State law)having jurisdiction over disposal of sewage, industrial wastes, stormwater, or
other wastes, including special districts under State law such as a sewer district, flood control district
or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
a designated and approved management agency under Section 208 of the Clean Water Act(CWA)
that discharges to waters of the United States or waters of the State that is designed or used for
collecting or conveying stormwater;that is not a combined sewer; and which is not part of a Publicly
Owned Treatment Works(POTW)as defined in 40 CFR 122.2.
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14. Non-structural BMP: Non-structural BMPs are preventive actions that involve management and
source controls such as: (1)Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2)policies or ordinances that encourage infill
development in higher density urban areas, and areas with existing storm sewer infrastructure; (3)
education programs for developers and the public about minimizing water quality impacts; (4)other
measures such as minimizing the percentage of impervious area after development, use of measures
to minimize directly connected impervious areas, and source control measures often thought of as
good housekeeping, preventive maintenance and spill prevention.
15. Outfall: Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal
separate storm sewer discharges to waters of the United States and does not include open
conveyances connecting two municipal separate storm sewers,or pipes,tunnels or other conveyances
which connect segments of the same stream or other waters of the United States and are used to
convey waters of the United States.
16. Permittee: The owner or operator issued this permit.
17. Point Source Discharge of Stormwater. Any discernible, confined and discrete conveyance including,
but not specifically limited to, any pipe, ditch, channel,tunnel, conduit, well, or discrete fissure from
which stormwater is or may be discharged to waters of the state.
18. Redevelopment: "Redevelopment" has the same meaning as in G.S. 143-214.7.
19. Storm Sewer System: Is a conveyance or system of conveyances which are designed or used to
collect or convey stormwater runoff that is not part of a combined sewer system or treatment works.
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Permit:NCS000246
This can include, but is not limited to, streets, catch basins, pipes, curbs, gutters, ditches,man-made
channels or storm drains that convey stormwater runoff.
20. Stormwater Associated with Industrial Activity: The discharge from any point source which is used
for collecting and conveying stormwater and which is directly related to manufacturing, processing or
raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial
activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include
discharges from facilities or activities excluded from the NPDES program.
21. Stormwater Control Measures(SCM): "Stormwater Control Measure" or "SCM," also known as a
structural "Best Management Practice" or"BMP," means a permanent device that is designed,
constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or
filtration; or to mimic the natural hydrologic cycle by promoting infiltration,evapo-transpiration,
post-filtration discharge, reuse of stormwater, or a combination thereof.
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22. Stormwater Management Program: The term Stormwater Management Program refers to the
comprehensive stormwater management program that is required to be developed and implemented
by MS4 permittees.
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23. Stormwater Management Plan(SWMP): The Stormwater Management Plan is the written plan that is
used to describe and define the various control measures and activities the permittee will undertake to
implement the stormwater management program to meet the MEP standard.
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24. Stormwater Runoff: The flow of water which results from precipitation and which occurs
immediately following rainfall or as a result of snowmelt.
25. Total Maximum Daily Load(TMDL): A TMDL is a calculation of the maximum amount of a
pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that
amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the steps
necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality
standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards
and TMDL programs.
26. Waste Load Allocation(WLA): A WLA is a TMDL pollutant reduction target allocating a specific
load reduction to specific point source discharge(s)of the pollutant. Some stormwater point source
discharges are assigned a WLA.
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