NCS000246_Draft Permit_20180416

STATE of NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT 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 promulga ted and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,

City of Fayetteville

is hereby authorized to discharge stor mwater from their municipa l separate stor m sewer system located
within the City of Fayetteville 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 in Parts I, II, III, IV, V, VI, VII and VIII hereof.

This permit sha ll become effective April 16, 2018.

This permit and the authorization to discharge shall expire at mi dnight on April 15, 2023.

Signed this day April 16, 2018.

for William E. Toby Vinson, Jr., P.E., CPM, Interim Director
Division of Energy, Minera l and Land Resources
By the Authority of the Environmental Management Commission

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PERMIT NO. NCS000246

i
TABLE OF CONTENTS

PART I PERMIT COVERAGE

PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES

SECTION A: PROGRAM IMPLEMENTATION

SECTION B: PUBLIC EDUCATION AND OUTREACH

SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION

SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)

SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS

SECTION F: POST-CONSTRUCTION SITE RUNOFF CONTROLS

SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS

SECTION H: PROGRAM TO MONITOR AND CONTROL POLLUTANTS IN STORM WATER
DISCHARGES TO MUNICIPAL SYSTEMS.

SECTION I: WATER QUALITY ASSESSMENT AND MONITORING

SECTION J: TOTAL MAXIMUM DAILY LOADS (TMDLS)

SECTION K: ELECTRONIC REPORTING OF REPORTS

PART III PROGRAM ASSESSMENT

PART IV REPORTING AND RECORD KEEPING REQUIREMENTS

PART V STANDARD CONDITIONS

SECTION A: COMPLIANCE AND LIABILITY

SECTION B: OPERATION AND MAINTENANCE O F POLLUTION CONTROLS

SECTION C: MONITORING AND RECORDS

PART VI LIMITATIONS REOPENER

PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS

PART VIII DEFINITIONS

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PERMIT NO. NCS000246

Part I Page 1 of 2
PART I PERMIT COVERAGE

A. During the period beginning on the effective da te of the per mit and lasting until expiration, the
City of Fayetteville is authorized to discharge stor mwater fro m the municipa l separate stor m
sewer system (MS4) to receiving waters of the State within the Cape Fear River Basin. Such
discharge will be controlled, limited and monitored in accordance with this permit and the
ement program for the five-
year ter m of the stor mwa ter permit.

B. All discharges authorized herein sha ll be managed in accordance with the ter ms and conditions of
this permit. Any other point source discharge to surface waters of the state is prohibited unless it
is an allowable non-stor mwater discharge or is covered by another per mit, authorization, or
approval.

C. This permit does not relieve the per mitt ee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.

D. This permit covers activities associated with the discharge of stor mwater fro m the MS4 that are
corporate limits of the per mittee. The permit
also applies to area s tha t seek coverage under this permit through inter-local or other similar
agreements with per mittee. Agreements for coverage under this permit must be approved by the
Division of Energy, Minera l and Land Resources, herein referred to as the Division.

E. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as dee med necessary. In addition, the per mittee may petition the
Division to revoke or deny coverage under this permit for specific entities.

F. All provisions contained and referenced in the Stor mwater Plan along with a ll provisions and
approved modifications of the Stor mwater Plan are incorporated by reference and are enforceable
parts of this permit.

G. To the extent allowable under State and local law, the permittee must develop and implement a
Stor mwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The
purpose of the Stor mwater Plan is to establish the means by which the per mittee will achieve
compliance with the provisions of the Clean Water Act and this permit. The specific requirements
of Section 402(p)(3)(B)(iii) of the Clean Water Act require the per mittee, to the extent allowable
under State or local law, to effectively prohibit non-stor m water discharges into the stor m sewers
and controls to reduce pollutant discharges to the maximum extent practicable (MEP).

H. Compliance with this permit constitutes compliance with the requirements of the Clean Water
Act and 15 N.C. Admi nistrative Code 02H .0126, .0150 - .0153 (NPDES) and 15A N.C.
Admi nistrative Code 02H .1000 to reduce the discharge of pollutants from the MS4 to the ME P.

I. The per mit authorizes the point source discharge of stor mwater runoff from the MS4. In
addition, discharges of non-stor mwater are also authorized through the MS4 of the permittee if
such discharges are:

PERMIT NO. NCS000246

Part I Page 2 of 2
1. Per mitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non-process wastewater, and stor mwater associated with
industrial activity; or

2. Deter mined to be incidental non-stor mwater flows that do not significantly impact water
quality and may include:

• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontamina ted groundwater infiltration;
• uncontamina ted pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irriga ti on 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;
• flows from emergency firefighting; and
• splash pad (spray ground) water from potable water source only.

3. The Division may require tha t non-stor mwa ter flows of this type be controlled by
-
stor mwater flow has been determi ned to be a significant impact.

J. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the
effective date of the permit. Should per mit conditions change for any reason, due to annexations
or otherwise, the per mittee must notify DEQ and modify t he Stor mwa ter Plan within the time
fra me provided with the notice.

K. Until the Division approves any revisions to the Stor mwa ter Plan, the per mittee shall continue to
implement provisions of their current Stor mwa ter Plan. The Stor mwa ter Plan is deemed
approved if no response is received from the Division within 90 days of being received by the
Division.
the five-year ter m of the stor mwater per mit including, for each of the measures identified in the
permit, a narrative description of the program, a table tha t identifies each best management
practice (BMP), the measurable goals for each BMP, the implementation schedule and/or
frequency of the BMP, and the person or position responsible for implementation.
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PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES

SECTION A: PROGRAM IMPLEMENTATION

The permittee will implement, manage and oversee all provisions of its Stor mwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipa l stor m sewer system associated
with stor mwater runoff and illicit discharges, including spills and illegal dumping. The overall progra m
implementation, however, will be subject to, at a mi nimum, either 1) an annual review by the Division to
determi ne implementation status and progression toward meeting the pollutant control intent of the
Stor mwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process tha t has been approved by
the Division and is at least as stringent as the annual review described herein. Voluntary assessments,
such as the MS6 Program established by the Stor mwa ter Association of North Carolina (SWANC), NC
APWA and their partners may be conducted by the local government, another local government with a
NPDES MS4 permit, or an independent third party and shall be reviewed and approved by t he Division.
The Stor mwa ter Plan sha ll include, at a mi nimum, the following areas:

1. The permittee will maintain adequate legal mechanism, such as regulations, ordinances, policies
and procedures to implement all provisions of the Stor mwater Plan. If maj or modifications are
proposed in the time line for development of these authorities, the Division must be notified of
the changes, the rea sons for the changes, and justifications for the changes. The Division may
comment on the modifications and require changes as allowed by Federal and State and as
deemed necessary to a ssure appropr iate implementation of the Stor mwa ter Plan. The Per mittee
sha ll obtain prior approval of changes to the Stor mwater Plan that elimina te or reduce any
progra m or measure in an approved Stor mwater Plan.

2. The permittee will implement provisions of the Stor mwater Plan and evalua te the perfor mance
and effectiveness of the program components.

3. The permittee is required to keep the Stor mwa ter Plan up to date with annual updates if any
changes are warranted. The permittee is required to make available its Stor mwater Plan to the
Division upon request. At a mi nimum, the per mittee shall include ordinances, or other regulatory
mechanisms or a list identifying the ordinances, or other regulatory mechanisms providing the
legal authority necessary to implement and enforce the requirements of the permit. The Division
may review reports sub mitted by the per mitt ee to assure that the Stor mwa ter Plan is implemented
appropriately to address the requirements of the permit. The Division may require modifications
to any part of the permittee's Stor mwater Plan where deficiencies are found. If modifications to
the St or mwater Plan are necessary then the Division will notify the permittee of the need to
modify the Stor mwater Plan to be consistent with the permit and will establish a deadline to
finalize such changes to the progra m.

4. The permittee sha ll maintain, and make available to the D ivision upon request, written procedures
for implementing the six mi nimum control measures. Written procedures shall identify specific
action steps, schedules, resources and responsibilities for implementing the six mi nimum
measures. Written procedures can be free standing, or , integrated into
the St or mwater Plan.
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SECTION B: PUBLIC EDUCATION AND OUTREACH

1. Objectives for Public Education and Outreach

(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stor mwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stor mwa ter pollution.

2. BMPs for Public Education and Outreach

The permittee shall implement the following BMPs to meet the objectives of the Public Education and
Outreach Program.

BMP Measurable Goals
(a) Describe target pollutants
and target pollutant
sources

Describe the target pollutants and target pollutant sources the
they are an issue.
(b) Describe target audiences Describe the target audiences likely to have significant stor m water
impacts and why they were selected.
(c) Informational Web Site The permitt ee sha ll promote and maintain, an internet web site
d

(d) Distribute public education
materials to identified user
groups.
Distribute general stor mwater educational material to appropriate
target groups as likely to have a significant stor mwater impact.
Instead of developing its own materials, the per mittee may rely on
state-supplied Public Education and Outreach materials, a s available,
when implementing its own program.

(e) Promote and maintain
Hotline(s) or Helpline(s)

Promote and maintain a stor mwater hotline(s) or helpline(s) for the
public to request infor mation about stor mwa ter, public i nvolvement &
participa tion, and to repor t illicit connections & discharges, etc.
(f) Implement a Public
Education and Outreach
Program.
ents
implemented loca lly or through a cooperative agreement, sha ll
include a combina tion of approaches designed to reach the target
audiences. For each media, event or activity, inc luding those
elements implemented locally or through a cooperative agree ment the
permittee shall estimate and record the extent of exposure.

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SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION

1. Objectives for Public Involvement and Participation

Provide opportunities for the public, including major economi c and ethnic groups, to participate
in progra m development and implementation.

2. BMPs for Public Involvement and Participation

The permitt ee shall implement the following BMPs to meet the objectives of the Public Involve ment
and Participation Program.

BMP Measurable Goals
(a) Volunteer community
involvement program
The permittee sha ll inc lude and promote volunteer opportunities
designed to pro mote ongoing citizen participa tion.

(b) Establish a Mechanism
for Public involvement
The permittee sha ll provide and promote a mechanism for public
involvement tha t provides for input on stor mwater issues and the
stor mwater progra m.

(c) Establish Hotline(s) or
Helpline(s)
The permittee sha ll promote and maintain a hotline(s) or helpline(s) for
the public to request information about stor mwater, public involvement
& participa tion, and to report illicit connections & discharges, etc.

(d) Pub lic Review &
Comment
The permittee sha ll make their most recent Stor mwa ter Plans available
for public review and comment.
(a) Pub lic Notice Pursuant to 40 CFR 122.34 the per mittee must, at a mi nimum, comply
with State, Tribal and local public notice requirements when
implementing a public involvement / participa tion program.

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SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)

1. Objectives for Illicit Discharge Detection and Elimination

(a) Detect and eliminate illicit connections and discharges, including preventable spills and

(b) Implement appropriate enforcement procedures and actions.

(c) Maintain utfalls to state waters receiving discharges.

(d) Inform employees, businesses, and the genera l public of hazards associated with illegal
discharges and improper disposal of waste.

2. BMPs for Illicit Discharge Detection and Elimination

The permitt ee shall implement the following BMPs, to the extent authorized by law, to meet the
objectives of the Illicit Dis charge Detection and Elimina tion Program.

BMP Measurable Goals
(a) Maintain appropriate
legal authorities
Maintain adequa te ordinances or other legal authorities to prohibit illicit
connections and dis charges and enforce the approved IDDE Program.

(b) Maintain a Stor m Sewer
Syste m Base Map of
Major MS4 Outfa ll.
The permitt ee sha ll ma intain a current map showing major outfalls and
receiving streams.

(c) Inspection/detection
progra m to detect dry
weather flows at MS4
outfalls
Maintain wr itten procedures and/or Standard Operating Procedures
(SOPs) for detecting and tracing the sources of illicit discharges and for
removing the sources or reporting the sources to the State to be properly
permitted. Written procedures and/or SOPs sha ll specify a timeframe for
monitoring and how many outfalls and the areas tha t are to be targeted
for inspections.

(d) Employee Training Conduct training for appropriate municipal staff on detecting and
reporting illicit connections and discharges.

(e) Maintain a pub lic
reporting mechanism(s)

Maintain and pub licize reporting mechanism(s) for the public to report
illicit connections and discharges.
(f) Documentation The permitt ee sha ll document the date of investigations, any
enforcement action(s) or remediation tha t occurred.

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SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS

1. Objectives for Construction Site Runoff Controls

a. Reduce pollutants in stor mwater runoff from construction activities , within the
disturbing one or more acres of land surface and those
activities less than one acre that are part of a larger common plan of development.

b. Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operator s to implement appropriate erosion and sediment control
practices, review of site plans which incorporates consideration of potential water quality
impacts, and procedures for site inspection and enforcement of control measures.

c. A locally delegated program, tha t meets the state requirements and tha t covers the
jur isdictional area of the per mittee complies with the required minimum measures of this
permit.

2. Cons truction Site Runoff Controls

a. Pursuant to 40 CFR 122.35(b) and the MEP standard, the per mittee may rely on the
NCDEQ DEMLR Sediment and Erosion Control Program to comply with this mi nimum
measure. The DEMLR Sediment and Erosion Control Program effective ly meets the
MEP standard for Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities
less than one acre tha t are part of a larger common plan of development as authorized
under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the
North Carolina Admi nistrative Code. The DEMLR Sediment and Erosion Control
Program continues to be monitored by the EPA to ensure the State effectively meets the
MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4
of Title 15A of the North Carolina Admi nistrative Code.

b. The NCG010000 permit establishes requirements for construction site operator s to
control waste such as discarded building materials, concrete truck washout, che micals,
litter, and sanitary waste at the construction site tha t may cause adverse impacts to wa ter
quality.

c. The permittee shall provide and pro mote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may
implement a plan promoting the existence of the NCDEQ (1-866-
STO PMUD) to meet the requirements of this paragraph.

d.
planning jurisdiction by entities with emi nent domain authority, the per mittee sha ll, to the
maximum extent practicable, coordinate the approval of the construction site runoff
control with the DEMLR.

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SECTION F: POST-CONSTRUCTION SITE RUNOFF CONTROLS

1. Objectives for Post-Construction Site Runoff Controls

(a) Manage stor mwater runoff from development tha t drains to the MS4 and disturbs an acre
or more of land surface, including projects less than an acre tha t are part of a larger
common plan of development or sale.

(b) Provide a mechanism to require long-term operation and maintenance of SCMs.

(c) Ensure controls are in place to mi nimize water quality impacts.

2. Post-construction Stormwater Manageme nt Program measures

The permittee sha ll implement the following BMPs to meet the objectives of the Post -
Construction Stor mwater Management Program to the MEP and to the extent authorized by law.

BMP Measurable Goals
(a) Post-Construction
Stor mwater Management
Program
Maintain an ordinance (or similar regulatory mechanism) that authorizes
a program to address stor mwa ter runoff from new development and
redevelopmentto the extent allowable under State law.

(b) Strategies which include
Stor mwater Control
Measure s (SCMs)
appropriate for the MS4

Maintain strategies that include a combination of structura l and/or non-
structural SCMs implemented in concurrence with (a) above. Provide a
mechanism to require long-ter m operation and maintenance of structura l
SCMs. Require annual inspection reports of permitted structural SCMs
performed by a qualified professional.

A qualified professional means an individual trained and/or certified in
the design, operation, inspection and maintenance aspects of the SCMs
being inspected, for example, someone trained and certified by NC State
for BMP Inspection & Maintenance.

Within 12 months of the effective date of this permit, the per mittee sha ll
evaluate, and revise as needed, SCM requirements, to be a t least as
stringent as the minimum requirements in 15A NCAC 02H .1000.
(c)

The permitt ee sha ll provide mechanisms such as recorded deed
restrictions, plats, and/or protective covenants so tha t development
activities maintain the project consistent with approved plans.

The developer shall provide the per mittee with an operation and
maintenance plan for the stor mwater system, indicating the operation
and maintenance actions that shall be taken, specific quantitative criteria
used for determining when those actions sha ll be taken, and who is
responsible for those actions. The plan must clearly indicate the steps
tha t shall be taken and who shall be responsible for restor ing a
stor mwater system to design specifications if a failure occurs and must
include a legally enforceable acknowledgment by the re sponsible party.
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BMP Measurable Goals
Development must be maintained consistent with the requirements in the
approved plans and any modifications to those plans must be approved
by the Per mittee.

(e) Educational materials and
training for developers
Provide educational ma terials and training for developers. New
materials may be developed by the per mittee, or the permittee may use
new development and redevelopment program.

3. To meet the Post-construction Stor mwa ter Runoff control requirements the per mittee may use the
Department's model ordinance, design its own post-construction practices that meet or exceed the
rules found in 15A NCAC 02H .1000, or develop its own comprehensive wa tershed plan that is
deter mi ned by the Department to meet the post-construction stor mwater management measure
required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition).

4. To the extent allowable under State law, additional requirements shall apply to projects draining
to cer tain sensitive receiving waters as set forth in 15A NCAC 02H .1017(9). For areas draining
to Nutrient Sensitive Waters (NSW), where the Department has approved a locally implemented
Nutrient Management Strategy that addresses post-construction runoff, the provisions of tha t
Strategy fulfill the MS4 post-construction requirement.
5. The permittee sha ll meet the requirements of the post-construction progra m for construction
projects that are performed by, or under contract for, the per mittee. To meet this requirement, the
permittee may either develop the necessary requirements for post-construction controls that will
pertain to their own projects, or develop procedures to ensure that the per mittee meets these
requirements by complying with other entit Pha se II Stor mwater Management
Programs for post-construction. If the permittee decides to rely on another progra m for
compliance with these progra m areas for their own projects, they shall indicate in their
Stor mwater Management Program tha t the per mittee will fully comply with the requirements of
-construction programs .
6. Pursuant to 15A NCAC 02H .1000, the water qua lity design volume of SCMs sha ll account for
the runoff at build out from all surfaces draining to the system. Drainage from off-site areas may
be bypassed.
7. Projects undertaken by an entity other than Nor th Carolina Department of Transportation
(NCDOT) fulfill the post-construction mi nimum control measure requirement for linear
transportation projects if they are designed, constructed, and conveyed as set forth in 15A NCAC
02H .1001(1)(c). The NCDOT Stor mwater BMP Toolbox is available at:
https://connect.ncdot.gov/resources/hydro/Pages/Highway-Stor mwater-Program.aspx
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SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS

1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations

a. Prevent or reduce stor mwater pollution from municipal operations that drain to the MS4
system.
b. Incorporate Pollution Prevention and Good Housekeeping techniques into municipa l
operations tha t drain to the MS4 system.

2. BMPs for the Pollution Prevention and Goo d Housekeeping for Municipal
Operations

The permittee sha ll maintain, and to the extent necessary modify, its implementation of the following
BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program.

BMP Measurable Goals
(a) Inventory of municipal
facilities and operations
Maintain an inventory of municipa l facilities and operations owned and
operated by the per mittee tha t have been deter mi ned by the permittee to
have significant potential for generating polluted stor mwa ter runoff.
Also maintain an inventory of municipa lly-owned structural SCMs.
(b) Inspection and
maintenance progra m for
municipa l facilities and
operations
Implement an inspection and ma intenance program for facilities and
operations owned and operated by the per mittee for potential sources of
polluted runoff, including stor mwater controls and conveyance systems .
The inspection program shall evaluate pollutant sources, document
deficiencies, plan corrective actions, implement appropriate controls, and
document the accomplishment of corrective actions. The maintenance
progra m sha ll include ma intenance activities and procedures aimed at
preventing or reducing pollutants generated from municipal facilities and
operations.
(c) Site Pollution Prevention
Plans for municipal
facilities.
Maintain and implement Sit e Pollution Prevention Plans for municipa l
facilities owned and operated by the per mittee tha t have been deter mi ned
by the permittee to have significant potential for generating polluted
stor mwater runoff that has the goal of preventing or reducing pollutant
runoff.
(d) Spill Response
Procedures for municipal
facilities and operations.
Maintain spill response procedures for municipal facilities and operations
owned and opera ted by the per mittee that have been determi ned by the
permittee to have significant potential for generating polluted stor mwa ter
runoff.
(e) Prevent or Minimize
Conta mi nation of
Stor mwater Runoff from
all areas used for Vehicle
and Equipment Cleaning
Describe measures that prevent or mi nimize conta mi nation of the
stor mwater runoff from all areas used for vehicle and equipment
cleaning, including fire stations that have more than three fire trucks and
ambulances. Perform all cleaning operations indoors, cover the cleaning
operations, ensure wash water drains to the sanitary sewer system, collect
wash wa ter and stor mwater run-on from the cleaning area and provide
treatment or recycling, or other equiva lent measures. If sanitary sewer is
not available to the facility and cleaning operations take place outdoors,
wash wa ter sha ll drain to an SCM for treatment, or else the cleaning
operations shall take place on or drain directly to grassed or graveled
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BMP Measurable Goals
areas to prevent point source discharges of the wash wa ter into the stor m
drains or surface waters.

Where cleaning operations cannot be performed as described above and
when operations are performed in the vicinity of a stor m drainage
collection syste m, the drain is to be covered with a portable drain cover
during cleaning activities. Any excess standing water sha ll be removed
and properly handled prior to removing the drain cover.

Facilities tha t have three or fewer fire trucks and ambulances should
attempt to comply with the above requirements; however, those that
cannot comply with these requirements due to existing limitations shall
incorporate structura l measures during facility renovation to the extent
practicable.
(f) Streets, roads, and public
parking lots maintenance
The permittee sha ll implement BMPs to reduce polluted stor mwa ter
runoff from municipally-owned streets, roads, and public parking lots
within the corpora te limits.
(g) Inspection and
Maintenance (I&M) for
municipa lly-owned or
maintained stor mwater
control measures
(SCMs) and the stor m
sewer system.

The permittee sha ll maintain and imple ment an inspection and
maintenance progra m for stor mwater control measures (SCMs) owned
and operated by the municipality and the municipal stor m sewer system
(including catch basins, the conveyance system, and SCMs.

(h) Staff training Maintain and implement a training plan tha t indicates when, how often,
and who is required to be trained and wha t they are to be trained on.

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SECTION H: PROGRAM TO MONITOR AND EVALUATE STORM WATER DISCHARGES
TO MUNICIPAL SYSTEMS.

1. Objective

treatment, disposal, and recovery facilities, industrial facilities subject to Section 313 of Title III
of the Superfund A mendments and Reauthorization Act of 1986 (SARA), and industrial facilities
tha t the Per mitt ee determi nes are contributing or have a potential to contribute a substantial
pollutant loading to the municipal stor m sewer system.

2. BMPs
The permittee sha ll implement the following BMPs to meet the objective.

BMP Measurable Goals
(a) Maintain an Inventory of
Industrial Facilities
Maintain an inventory of per mitted hazardous waste treatment, disposal,
and recovery facilities, industrial facilities that are sub ject to Section 313
of Title III of the Superfund Amendments and Reauthorization Act of
1986 (SARA), and industrial facilities identified with an industrial

For the purposes of this permit, industrial activities shall mean all
permitted industrial activities as defined in 40 CFR 122.26.

(b) Inspection Program Identify priorities and inspection procedures. At a mi nimum, priority
facilities include those identified above in subsection II.H.2.a.

(c) Evalua te Industrial
Facilities discharging
MS4
The Permittee is required to eva lua te control measures implemented at
permitted hazardous waste treatment, disposal, and recovery facilities,
industrial facilities tha t are subject to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act of 1986 (SARA),
industrial facilities identified with an industrial activity per mitt ed to
illicit discharge under the IDDE Program.

For per mitted facilities, the municipality shall establish procedures for
reporting deficiencies and non-compliance to the per mitting agency.
Where compliance with an existing industrial stor mwater per mit does
not result in adequate control of pollutants to the MS4, municipality will
recommend and document the need for per mit modifications or additions
to the permit issuing authority.

For the purposes of this permit, industrial activities shall mean all
permitted industrial activities as defined in 40 CFR 122.26. For the
purpose of this permit, the Per mittee is authorized to inspect the
permitted hazardous waste treatment, disposal, and recovery facilities as
an authorized representative of the Director.
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SECTION I: WATER QUALITY ASSESSMENT AND MONITORING

1. Objective for Water Quality Assessme nt and Mo nitoring

Evalua te the impacts of MS4 discharges on surface wa ter quality.

2. BMPs for Water Quality Assessme nt and Monitoring

The permittee sha ll implement the following BMPs to meet the objectives of the Water Quality
Assessment and Monitoring Program.

BMP Measurable Goals
(a) Water Quality
Assessment and
Monitoring Plan
Maintain a Water Quality Assessment and Monitor ing Plan. The Plan
shall include a schedule for implementing the proposed assessment and
monitoring activities.

(b) Water Quality
Monitoring
Maintain and implement the Wa ter Quality Assessment and Monitoring
Plan sub mitted to DEMLR.

3. Waiver

Upon request, the requirement to maintain and implement a Water Quality Assessment and
Monitoring Plan may be waived by the Division if stor mwater control measures (SCM) are
deter mi ned to be adequate to reduce the discharge of pollutants from the MS4 to the maximum
extent practicable as required by the Clean Water Act.
PERMIT NO. NCS000246

Part II Page 12 of 16
SECTION J: TOTAL MAXIMUM DAILY LOADS (TMDLs)

1. Objective

a. The permittee sha ll deter mi ne whether the MS4 discharges to receiving waters within a
TMDL watershed and identify the pollutant(s) of concern (POC). For all TMDLs with a
NPDES MS4 regulated stor mwa ter waste load a llocation (WLA) assigned to the
permittee, the permittee sha ll deter mi ne whether the POC have potential to occur in MS4
stor mwater discharges.
b. The permittee will utilize BMPs within the six mi nimum measures
TMDL Plan(s) to meet MS4 regulated stor mwater WLA
identified in the approved TMDL to the maximum extent practicable and to the extent
allowable by law.
c. If sub ject to an approved TMDL with a NPDES MS4 regulated WLA assigned to the
permittee, the permitt ee will be considered in compliance with the TMDL if the per mitt ee
complies with the conditions of this permit, including developing and implementing
appropriate BMPs within the six mi nimum measures to address the MS4s
NPDES regulated WLA to the maximum extent practicable (MEP). While improved
water quality is the expected outcome, the permit obliga tion is to
designed to address the N PDES MS4 regulated WLA assigned to the permittee to the
maximum extent practicable (MEP). The permittee is not responsible for attaining water
quality standards (WQS). The Division expects attaining WQS will only be achieved
through reduction from all point and nonpoint source contributors identified in the
approved TMDL.

2. TMDL Plans
a. If the per mittee has an existing TMDL Plan designed to address the NPDES MS4
regulated WLA assigned to the per mittee, that includes monitoring to evaluate progress,
and which addresses the POC through the six mi nimum control mea sures; it satisfies the
objectives of this Section J.
b. The permittee may comply with a Department approved management strategy to address
an impair ment or TMDL, such a s a Nutrient Management Strategy, to satisfy the
objectives of this Section J.
c. The permittee may develop and submit to the Department for approval of an alternative
approach, such as an Integrated Report - Category 4(b) wa tershed plan, to satisfy the
objectives of this Section J.
d. For new TMDLs tha t are not addressed by J.2. a, b, or c above, a TMDL Plan shall be
developed according to J.3 below, and sub mitted to the D ivision. Time periods shown
are from the later of the effective date of this permit or the TMDL as approved by EPA.

3. Best Management Practices (BMPs):

BMP Measurable Goals
a. Identify, describe and
map water shed,
outfalls, and streams

Within 12 months the per mittee shall prepare a plan tha t:
• Identifies the watershed(s) subject to an approved TMDL with an
approved Waste Load Allocation (WLAs) assigned to the permittee;
and
• Includes a description of the watershed(s); and
PERMIT NO. NCS000246

Part II Page 13 of 16
BMP Measurable Goals
• Includes a map of watershed(s) showing strea ms & outfalls
• Identifies the locations of currently known major outfalls within its
corporate limits with the potential of contributing to the cause(s) of the
impairment to the impaired segments, to their tributaries, and to
segments and tributaries within the watershed contributing to the
impaired segments; and
• Includes a schedule (not to exceed 6 months) to discover and locate
other unknown major outfalls within its corporate limits tha t may be
contributing to the cause of the impairment to the impaired stream
segments, to their tributaries, and to segments and tributaries within the
watershed contributing to the impa ired segments.

b. Evalua te ex isting
measures

Within 12
• Shall describe existing measures currently being implemented by the
Per mittee designed to achieve the and to reduce
the TMDL pollutant of concern to the MEP within the wa tershed to
which the TMDL applies; and
• Provide an explanation as to how those measures are designed to reduce
the TMDL pollutant of concern.
• The Permittee shall continue to implement the existing measures until
notified by the Division.

c. Assessment of
available monitoring
data
available monitor ing data. Where long-term data is available, this
assessment should include an analysis of the data to show trends.

d. Monitor ing Plan

Within 24 months the per mittee shall develop a Monitor ing Plan for the
The permittee shall ma intain and implement the Monitoring Plan as
additional outfalls are identified and as accumulating data may suggest.
Following any review and comment by the Division the per mittee shall
incorporate any necessary changes to monitor ing plan and initiate the plan
within 6 months. Modifications to the monitor ing plan shall be approved by
the Division. Upon request, the requirement to develop a Monitoring Plan
may be waived by the Division if the ex isting and proposed measures are
determined to be adequate to achieve to MEP
within the wa tershed to which the TMDL applies.

e. Additional Measures Within 24
• Describe additional measures to be implemented by the per mittee
reduce the TMDL pollutant of concern to the MEP within the
watershed to wh ich the TMDL applies; and
PERMIT NO. NCS000246

Part II Page 14 of 16
BMP Measurable Goals
• Provide an explanation as to how those measures are designed to
within the wa tershed to which the TMDL applies.

f. Implementation Plan
• Describe the mea sures to be impl emented within the remainder of
to reduce the TMDL pollutant of concern to the MEP; and
• Identify a schedule, subject to D ivision approval, for completing the
activities.
•

g. Incre mental Success

progress and report
successes designed to achieve
reduce the TMDL pollutant of concern to MEP within the watershed to
which the TMDL applies.

h. Reporting The permittee sha ll conduct and sub mit to the D ivision an annual
assessment of the program designed to
and to reduce the TMDL pollutant of concern to the MEP within the
watershed to which the TMDL applies. Any monitoring data and
information generated from the previous year are to be submitt ed with each
annual report.

4. If no MS4 NPDES regulated waste load allocation (WLA) is specified in the TMDL

At any time during the effective da tes of this permit, if a TMDL has been approved tha t does not
assign a WLA for the POC to the MS4, or if there was no WLA specified for the POC in the
TMDL assigned to the MS4, in lieu of developing a plan within this per mit section: within 24
service area and in the context of the scope of the six mi nimum permit measures to address the
POC in the watershed(s) to wh ich the TMDL applies, to the MEP and to the extent allowable by
law.

5. Information regarding North Carolina TMDLs

Information regarding North Carolina TMDLs is available at:

https://deq.nc.gov/about/divisions/wa ter-resources/planning/modeling-assessment

PERMIT NO. NCS000246

Part II Page 15 of 16
SECTION K: ELECTRONIC REPORTING OF R EPORTS [General Statute 143-215.1(b)]
The fina l NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015. These federal regulations require electronic sub mittal of all MS4 program reports by no
later than Dece mber 21, 2020, and specify tha t, if a state does not establish a system to receive
such sub mittals, then per mittees must sub mit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
2. This special condition supple ments or supersedes the following sections within Part IV of th is
permit (Reporting and Record Keeping Requirements):

• Paragraph A. Records
• Paragraph B. Annual Reporting
• Paragraph G. Report Sub mittals

3. Starting on December 21, 2020, the permittee sha ll electronically report the following compliance
monitoring data and reports: Separate Stor m Sewer System (MS4) Program Reports (See Part III
2., Program Assessment annual report)

The permittee may seek a

4. Electronic Submissi ons [Supplements Part IV].

In accordance with 40 CFR 122.41(l)(9), the per mittee must identify the initial recipient at the
the initial recipient for electronic submissi on.

Initial recipient of electronic NPDES infor mation from NPDES -regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to imple ment
the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipa tes tha t EP A will be the initial
recipient for electronic MS4 Program Reports.

EPA plans to establish a website tha t will also link to the appropriate electronic reporting tool for
each type of electronic sub missi on and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at:

above. The permittee must electronically sub mit MS4 annual program reports no later than
October 31st following the completed reporting period. The permittee must sign and certify all
electronic sub missions in accordance with the requirements of Part IV of this permit.

PERMIT NO. NCS000246

Part II Page 16 of 16
5. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permitt ee must first sub mit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waiver s must be sub mitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin sub mitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 year s and shall thereupon expire. At such time, monitoring
data and reports shall be sub mitted electronically to the Division unless the permittee re-applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only per mittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
tha t the approved reporting waiver request is effective.

Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:

http://deq.nc.gov/about/divisions/water-resources/edmr
6. Records Retention [Supplements Part IV]

The permittee sha ll retain records of all Program Assessment annual reports, including el ectronic
sub missi ons. These records or copies sha ll be maintained for a period of at least five years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.41].

PERMIT NO. NCS000246

Part III Page 1 of 2
PART III PROGRAM ASSESSMENT

The p annual reporting and monitor ing activities in support of this permit will be sufficient to
document and indicate progress in the implementation of the Stor mwater Plan and individual components
of the progra m. The Division may request additional reporting and mon itoring infor ma tion as necessary
to assess the progress and results of the p

1. Implementation of the Stor mwater Plan will include documentation of all program components
tha t are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs , monitor ing and sampling, implementation of BMPs, enforcement actions,
and other stor mwa ter activities. Documentation will be kept on-file by the permittee for a period
of five years and made available to the Director or his authorized representative immediately
upon request.

2.
annual basis. The permittee will sub mit a report of this evalua ti on and monitor ing information to
the Division on an annual basis.

3. The Director may notify the permittee when the Stor mwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the per mittee will sub mit a plan
and time schedule to the Director for modifying the Stor mwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The per mittee will provide certification in wr iting in accordance with Part IV, Paragraph 2
to the Director tha t the changes have been made. Nothing in this paragraph shall be construed to

4. The Division may request additional reporting infor mation as necessary to assess the progress and
re

PERMIT NO. NCS000246

Part IV Page 1 of 3
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS

A. Records

The permittee sha ll retain records of all monitoring infor mation, 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 the sample, measure ment, report or application. This period may be
extended by request of the Director.

B. Annual Reporting

1. The permittee must sub mit annual reports to the Department by October 31st of each
calendar year that cover the previous fiscal year's activities from July 1 st to June 30th of
Annual reports that include appropriate information to
and will include, but is not limited to, the following components:

a. A detailed description of the status of implementation of the Stor mwa ter Plan.
This will inc lude infor mation on development and implementation of each major
component of the Stor mwater Plan for the past year and schedules and plans for
the year following each report.
b. Description and justification of any proposed changes to the Stor mwa ter Plan.
This will inc lude descriptions and supporting infor mation for the proposed
changes and how these changes will impact the Stor mwater Plan (results,
effectiveness, implementation schedule, etc.).
c. Any necessary changes to progra ms or practices for assessment of management
measures implemented through the St or mwater Plan.
d. A summary of data accumulated as part of the Stor mwater Plan throughout the
year along with an assessment of what the data indicates.
e. An assessment of compliance with the permit, infor mation on the establishment
of appropriate legal authorities, inspections, and enforcement actions.
f. Discussion of progra m funding.

2. Completion and sub mittal of the repor ting information contained within the online BIMS
Stor mwater Management Program Assessment (SMPA) satisfy Part IV.B..1 above and
Part II Section K, Electronic Reporting of this permit through 2020.

3. Posting the results on the per mittee website of an approved assessment process, such a s
the one established by the Stor mwater Association of North Carolina (SWANC), NC
APWA and their partners as conducted by another local government, a third party, or a
self-assessment, satisfy Part IV.B. 1 above.

C. Additional Reporting

The Director may request reporting information on a more frequent basis as deemed necessary
Program.
PERMIT NO. NCS000246

Part IV Page 2 of 3

D. Other Information

For discharges not required to be reported by condition of other permits, the Per mittee shall
maintain a record of any illicit discharge that reaches waters of the state and may cause or
contribute to a violation of the water quality standards or constitute an imminent threat to health
or the environment. The record sha ll inc lude dates, identification of possible responsible parties,
causes, and any action taken by the per mittee or the responsible party. All discharges tha t
constitute an imminent threat to health or the environment shall be reported within 24 hours by
phone or e-mail to the Division Regional Office during business hours, or to the NC Division of
Emergency Management State Operations Center hotline outside of business hours. Upon
request, the Per mittee shall sub mit a written report to the Division Regional Office.

The Per mittees shall give advance notice to the Director of any planned changes that may result
in noncompliance with the per mit requirements.

Where the per mittee becomes aware tha t it failed to sub mit any relevant facts or sub mitted
incorrect infor mation in a per mit application or in any report to the Director, it sha ll promptly
sub mit such facts or information.

E. Report Submittals

1. All reports required herein, not sub mitted electronically shall be sub mitted to the
following address:

Department of Environmental Quality
DEMLR Stor mwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, North Carolina 27699-1612

2. All applications, reports, or information, other than those sub mitted electronically, shall
be signed by a princ ipal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only i f:

a. The authorization is made in wr iting by a principal executive officer or ranking
elected official;
b. The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stor mwa ter
matters; and
c. The written authorization is sub mitted to the Director.

PERMIT NO. NCS000246

Part IV Page 3 of 3
3. Any person signing a document under paragraphs (a) or (b) of this section shall 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 a ssure that
qualified personnel properly ga ther and evalua te the infor mation sub mitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information sub mitt ed is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitti ng false informa tion, including the possibility of fine s and
imprisonment for knowing violations."

PERMIT NO. NCS000246
Part V Page 1 of 5
PART V STANDARD CONDITIONS

SECTION A: COMPLIANCE AND LIABILITY

1. Duty to Comply

The permittee must comply with all conditions of this permit to the extent authorized by law.
Any per mit noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit ter mi nation, 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 tox ic 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.

(b) The Clean Water Act provides that any person who violates a per mit conditi on is subject
to a c ivil penalty not to exceed the maximum a mounts 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
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 admi nistrative 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 ter ms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]

(d) Any person may be assessed an admi nistrative penalty by the Admi nistrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any per mit condition or
limitation implementing any of such sections in a per mit issued under section 402 of this
Act. Pur suant to 40 CFR Part 19 and the Ac t, admi nistrative 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 a mount 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 a mounts authorized by Section 309(g)(2)(B) of the Act
and the Federal Ci vil 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).

PERMIT NO. NCS000246
Part V Page 2 of 5
2. Duty to Mitigate

The permittee sha ll take reasonable steps to mi nimize or prevent any discharge in v iolation of this
permit tha t has a reasonable likelihood of adversely affecting human health or the environment.

3. Civil and Criminal Liability

Nothing in this permit shall be construed to relieve the per mitt ee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS l43-2l5.3, l43-2l5.6A, 143-215.6B,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the per mitt ee is
responsible for consequential damages, such a s fish kills, even though the responsibility for
effective compliance may be temporarily suspended.

4. Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of any legal acti on or relieve
the per mittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.

5. 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. Severability

The provisions of this permit are severable, and if any provision of this permit, or the applica tion
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to o ther c ircumstances, and the re ma inder of this permit, shall not be affected thereby.

7. Duty to Provide Information

The permittee sha ll furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
ter mi nating the coverage issued pursuant to this permit or to deter mi ne compliance with this
permit. The permittee sha ll also furnish to the Director upon request, copies of records required
by this permit.

8. 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 ma intained under this permit shall,
upon conviction, be punished by a f i ne of not more than $l0,000 per violation, or by
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 per son 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.

PERMIT NO. NCS000246
Part V Page 3 of 5
9. 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 sub mitt ed or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance sha ll, upon conviction, be punished by a fine of not more than $l0,000 per
violation, or by imprisonment for not more than two years per violation, or by both.

10. Permit Actions

This permit may be modified, revoked and reissued, or ter mi nated for cause. The filing of a
request by the per mittee for a permit modification, revocation and reissuance, or ter mi nation, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.

11. Duty to Reapply

The permittee is not authorized to discharge after the expiration date. To receive automatic
authorization to discharge beyond the expiration date, the permittee sha ll sub mit a permit renewal
application and fees as are required no later than 180 days prior to the expiration date of this
permit (date). Any permittee that has not requested renewal at least 180 days prior to expiration,
or any discharge tha t does not have a permit after the expiration and has not requested renewal at
least 180 days prior to expiration, will be subject to enforcement procedures as provided in N CGS
143-215.6 and 33 USC 1251 et seq. The renewal application sha ll include a review of the
Stor mwater Program development and implementation over the life of this permit, the status of
progra ms and a description of further progra m development to be implemented over the future
permitting period.

SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS

1. Proper Operation and Maintenance

The permittee sha ll properly opera te and ma intain a ll facilities and systems of treatment and
control (and related appurtenances) which are owned and/or operated by the permittee to achieve
compliance with the conditions of this permit. Proper operation and ma intenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems tha t are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.

2. Need to Halt or Reduce not a Defe ns e

It sha ll not be a defense for a per mittee in an enforce ment action tha t it would have been
necessary to ha lt or reduce the permitted activity to maintain co mpliance with the condition of
this permit.

PERMIT NO. NCS000246
Part V Page 4 of 5
SECTION C: MONITORING AND RECORDS

l. Representative Sampling

Samples collected and measurements taken, as required herein, sha ll be characteristic of the
volume and nature of the permitted discharge. Samples shall be taken on a day and time tha t is
characteristic of the discharge. All samples sha ll be taken at the monitor ing points specified in
the St or mwater Plan or suitable representative sites and, unless otherwise specified, before the
discharge joins or is diluted by any wa ste stream, body of water, or sub stance. The Director may
request information justifying changes to sampling locations and sampling methods. At a
mi nimum, information on such changes shall be reported in the permittee's annual report. The
Director may require that certain changes in the sa mpling progra m be submitted for approval
prior to implementation of the changes.

2. Flow Measurements

Where required, appropriate flow measure ment devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measure ments of the volume of monitored discharges.

3. Test Procedures

Monitoring must be conducted according to laboratory and test procedures approved under NCGS
l43-2l5.63 et. seq, and 40 CFR Part 136 and sub sequent amendments, unless other test procedures
have been specified in the permit.

The Per mittee is authorized to use a more current or sensitive (i.e., lower) detection method than
the one identified in NCGS l43-2l5.63 et. seq, and 40 CFR 136 for a particular parameter,
including but not limited to PCBs (Method 1668B) and mercury (Method 1631E). If used, the
permittee shall report using the more current and/or more sensitive method for compliance
reporting and monitoring purposes. When no analytical method is approved, the permittee may
use any suitable method but must provide a description of the method.

EPA and DEMLR reserve the right to modify the permit in order to require a more sensitive
method for measuring compliance with any pollutant contami nation levels, consistent wit h N CGS
l43-2l5.63 et. seq, and 40 CFR Part 136, should it become necessary.

4. Inspection and Entry

The permittee sha ll allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipa l separate stor m sewer syste m, an authorized representative of a municipal
operator or the separate stor m sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;

(a) Enter upon the per mittee's premis es where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;

(b) Have access to and copy, at reasonable times, any records of the per mittee that must be
kept under the conditions of this permit;

PERMIT NO. NCS000246
Part V Page 5 of 5
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the per mittee regulated or required under this
permit; and

(d) Sample or monitor at reasonable times, for the purposes of assur ing permit compliance or
as otherwise authorized by the Clean Water Act, any sub stances or parameters at any
location under the control of the permittee.

5. 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 ter ms of this permit sha ll
be available for public inspection at the offices of the Division of Energy, Minera l and Land
Resources. As required by the Ac t, analytical data sha ll not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
crimina l penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.

PERMIT NO. NCS000246

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PERMIT NO. NCS000246

Part VI & VII Page 1 of 1
PART VI LIMITATIONS REOPENER

The issuance of this permit does not prohibit the Director from reopening and modifying the per mit,
revoking and reissuing the permit , or ter mi nating 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
Admi nistrative Code, Subchapter 02H .0100; and North Carolina Genera l Statute 143-215.1 et. al.

PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS

The permitt ee must pay the admi nistering 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
02H .0105(b)(4) may cause this Division to initiate action to revoke the permit.

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PERMIT NO. NCS000246

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PART VIII DEFINITIONS

1. Act

See Clean Water Act.

2. Best Management Practice (BMP)

Measure s or practices used to reduce the a mount of pollution entering surface waters. BMPs can
be structural or non-structura l and may take the for m of a process, activity, physical structure or
planning . See also Non-structura l BMP and SCM.

3. Built-upon Area

"Built-upon area" or "BUA" has the sa me meaning as in General Statute 143-214.7, that is
effective on the date tha t a project is received by the permittee for post-construction site runoff
controls review.

4. Calculation of Means

(a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.

(b) Geometric Mean: The geometric mean of any set of values is the Nth roo t of the product
of the individual values where N is equal to the number of individual values. The
geometric mean is equiva lent to the antilog of the arithmetic mean of the logarithms of
the individual value s. For purposes of calculating the geometric mean, values of zero (0)
sha ll be considered to be one (l).

(c) Weighted by Fl ow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.

5. Clean Water Act

The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.

6. Common Plan of Development

"Common plan of development" means a site where multiple separate and distinct development
activities may be taking place at different times on different schedules but governed by a single
development plan regardless of ownership of the parcels. Information tha t may be used to
deter mi ne a "common plan of development" include plats, blueprints, marketing plans, contracts,
building permits, public notices or hearings, zoning requests, and infrastructure development
plans.
7. Department (NCDEQ)

Department means the North Carolina Department of Environmental Quality
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8. Development

"Development" means any land-disturbing activity that increases the a mount of built-upon area or
tha t otherwise decreases the infiltration of precipitation into the soil.

9. Division (DEMLR)

The Division of Energy, Mineral and Land Resources; Department of Environmental Quality.

10. Director

The Director of the Division of Energy, Mineral and Land Resources, the per mit issuing
authority.

11. EMC

The North Carolina Environmental Management Commission.

12. Illicit Discharge

Any discharge to a MS4 tha t is not composed entirely of stor mwa ter except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit ), allowable non-stor mwater discharges,
and discharges resulting from fire-fighting activities.

13. Industrial Activity

For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.

13. Large or Medium Municipal Separate Stor m Sewer System

All municipa l separate stor m sewers tha t are either:

(a) Located in an incorpora ted place with a population of 100,000 or more as deter mi ned by
the Decennial Census by the Bureau of Census; or

(b) Located in the counties with unincorpora ted urbanized populations of 100,000 or more,
except municipal separate stor m sewers tha t are located in the incorporated places,
townships or towns within such counties; or

(c) Owned or operated by a municipality ot her than those described in paragraph (a) or (b)
and tha t are designated by the D irector a s part of the large or medium separate stor m
sewer system.

14. Major municipal separate stor m sewer outfall (or ``Major MS4 Outfall'')

Major municipal separate stor m sewer outfall (or ``Major MS4 Outfall'') means a municipa l
separate stor m sewer outfall that discharges from a single pipe with an inside dia meter of 36
inches or more or its equivalent (discharge from a single conveyance other than c ircular pipe
which is associated with a dra inage area of more than 50 acres); or for municipal separate stor m
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sewers that receive stor m water from lands zoned for industrial activity (ba sed on comprehensive
zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside
dia meter of 12 inches or more or from its equiva lent (discharge from other than a circular pipe
associated with a dra inage area of 2 acres or more).

15. Maximum Extent Practicable (MEP)

MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that
Compliance with the conditions of this MS4 permit and the series of steps associated with
identification and imple mentation of the mi nimum control measures will 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.

16. Minimum Design Criteria (MDC)

"Minimum Design Criteria" or "MDC" means the requirements set forth in 15A N CAC 02H
.1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and
post-construction monitoring and evalua tion necessary for the Depar tment to issue stor mwater
permits tha t comply with State water quality standards adopted pursuant to Genera l Statute 143-
214.1.

17. Municipal Separate Stor m Sewer System (MS4)

Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems , municipa l streets, catch basins, curbs, gutters, ditches, manmade channels,
or stor m drains):

(a) Owned or operated by the city or town (created by or pursuant to State law) having
jur isdiction over disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under State law such a s a sewer district, flood control district or
dra inage district, or similar entity, or a designated and approved management agency
under Section 208 of the Cl ean Water Act (CWA) that discharges to waters of the United
States or waters of the State.

(b) Designed or used for collecting or conveying stor mwater;

(c) Which is not a combined sewer; and

(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2

18. Non-stor mwa ter Discharge Categories

See Part I, Section I of this permit.

17. Non-structura l BMP

Non-structura l BMPs are preventive actions tha t involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
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identified areas, protect sensitive area s such as wetlands and riparian areas, maintai n and/or
increase open space, provide buffers along sensitive water bodies, mi nimize impervious surfaces,
and/or mi nimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing stor m sewer
infrastructure; (3) education programs for developers and the public about mi nimizing 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.

18. Outfall

Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
stor m sewer discharges to wa ters of the United States and does not include open conveyances
connecting two municipa l separate stor m sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other wa ters of the United States and are used to convey
waters of the United States.

19. Per mittee

The owner or operator issued this permit.

20. Point Source Discharge of Stor mwater

Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stor mwater is or may be
discharged to wa ters of the state.
21. Redevelopment

"Redevelopment" means any land-disturbing activity tha t does not result in a net increase in
built-upon area and that provide s greater or equal stor mwater control than the previous
development.

22. Sensitive Waters

has the same meaning as in 15A NCAC 02H .0150(6). Sensitive waters
include: waters classified as HQW, ORW, SA, Tr, or NSW, waters occupied or designated as
critical habitat for aquatic animal species listed as federal threa tened or endangered, or impa ired
waters.

23. Six Minimum Measures, or Six Minimum Control Measures

As defined in 40 CFR §122.34(b). They are Public Education and Outreach, Public
Involve ment/Participation, Illicit Discharge Detection and Elimination, Construction Site Runoff
Controls, Post-Construction Runoff Controls, and Pollution Prevention and Good Housekeeping
for Municipa l Operations.

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24. Splash Pad (spray ground)

An outdoor play area with sprinklers, fountains, nozzles, and other devices or structure s tha t
spray wa ter.

25. Stor m Sewer System

Is a conveyance or system of conveyances which are designed or used to collect or convey
stor mwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
stor m drains that convey stor mwa ter runoff.

26. Stor mwater Associated with Industrial Activity

The discharge from any point source which is used for collecting and conveying stor mwa ter 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 ter m does not include discharges from facilities
or activities excluded from the NPDES program.

27. Stor mwater Control Measure (SCM)

As defined in 15A NCAC 02H .1002, also known as Best Management Practice (BMP), a
permanent structura l device that is designed, constructed and maintained to re move pollutants
fro m stor mwater runoff by promoting settling or filtration or mimi c the natura l hydrologic cycle
by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stor mwater or a
combina tion thereof.

28. Stor mwater Management Program (SWMP)

The ter m Stor mwa ter Management Program (SWMP) refers to the stor mwater management
progra m that is required by the Phase I and Phase II regulations to be deve loped by MS4
permittees.

29. Stor mwater Plan

The Stor mwater Plan is the written plan that is used to describe the various control measures and
activities the per mittee will undertake to implement the stor mwater management program. The
Stor mwater Plan is a c
requirements, the description of all programs and procedures (including standard forms to be used
for reports and inspections) tha t will be implemented and enforced to comply with the per mit and
to document the selection, design, and installation of all stor mwater control measures.

30. Stor mwater Runoff

The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.

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31. Total Maximum Daily Load (TMDL)

A TMDL is a calculation of the maximum amount of a pollutant tha t a waterbody can receive and
still meet water quality standards, and an alloca tion of tha t amount to the pollutant's sources. A
TMDL is a detailed water quality a ssessment tha t provides the s cientific foundation for an
implementation plan. The implementation plan outline s the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain wa ter quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.