NCS000435_Asheville NOD-2019-PC-0017_20190124

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
January 24, 2019
CERTIFIED MAIL 7008 1300 0000 1124 4191
RETURN RECEIPT REQUESTED
City of Asheville
Attn: Debra Campbell, City Manager
P.O. Box 7148
Asheville, NC 28802
Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0017)
City of Asheville
NPDES MS4 Permit No. NCS000435
Buncombe County
Dear Ms. Campbell:
On September 27 and 28, 2018, representatives from the U.S. Environmental Protection Agency (EPA)
and North Carolina Department of Environmental Quality (DEQ) conducted a compliance audit of the
City of Asheville's (City) National Pollution Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit. For your reference, a copy of the MS4 Program Inspection Report
issued by EPA is enclosed with this notice. This report lists and describes the serious deficiencies with
certain components of the City's MS4 permit, which constitutes a violation of the Clean Water Act and is
grounds for enforcement action.
To address the MS4 permit deficiencies, the City is required to complete the following actions:
(1) The City shall complete the following and submit documentation to DEQ for review and
comment within one hundred eighty (180) calendar days from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part II, Section B, Public Education and Outreach; Part II,
Section C, Public Involvement and Participation; and Part II, Section F, Post -
Construction Site Runoff Controls. The self -audit must be documented utilizing the DEQ
standard template.
b. Develop a Stormwater Management Plan (SWMP) which details specific actions,
measurable goals, and implementation timelines to bring the city's stormwater
management program into compliance with NPDES MS4 requirements over a 5-year
period. The SWMP must be documented utilizing the DEQ standard template. The
SWMP must address all known compliance deficiencies including, at a minimum, the
items detailed in the EPA MS4 Program Inspection Report and the city's self -audit.
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 27699-1612
919.707.9200

(2) The City shall submit an NPDES MS4 permit application within thirty (30) days of receiving
written DEQ concurrence that the submitted SWMP documents a compliant stormwater
management program. Anew 5-yearNPDES MS4 permit will be public noticed along with the
submitted SWMP. The City shall respond to public comments on the Draft SWMP and shall
submit a final SWMP for DEQ approval and final permit issuance. The final DEQ-approved
SWMP becomes an enforceable component of the NPDES MS4 permit.
All required documentation shall be submitted to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
If the City fails to meet the aforementioned requirements and/or submits a significantly noncompliant
SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the City's permit:
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 [North Carolina General Statute 143-215.6A]. Please note that
compliance with the requirements of this NOD and/or issuance of civil or criminal penalties levied by
DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee.
You are asked to respond to this office, in writing, within thirty (30) calendar days from the date of
receipt of this notice. Your written response should include a plan of action describing how the City
intends to address items (1) and (2) outlined in this notice.
Thank you for your attention to this matter. Should you have any questions, please contact Jeanette
Powell at [phone] or by email: Jeanette.Powellancdenr.gov.
Sincerely,
S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: EPA MS4 Program Inspection Report (September 27 & 28, 2018, City of Asheville)
Copy of NPDES MS4 Permit No. NCS000435
cc: Sean Ireland, U.S. EPA
McCray Coates, City of Asheville
DEQ Asheville Regional Office
DEQ Stormwater Program File