HomeMy WebLinkAboutNCS000397_FINAL PERMIT_20070507STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
CS o O v
DOC TYPE
FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ 69A 6 1 D56 I
YYYYMMDD
North Carolina Department of Environment and Natura
Division of Water Quality
Michael F. Easley, Governor
May 7, 2007
Robert Mullinax, Mayor
City of Newton
P.O. Box 550
Newton, North Carolina 28658
Dear Mr, Mullinax:
I Resources
,ter f . yr CNVInt,Nh►� �.
!A lD NATURAL_ RESOURCES
NOWilliamrG {Ross, �Jcretary-;E
Alan -*Klimek, P.E:,,Director
MAY 0 9.2007
WATER QUALITY SECTION
Subject: Permit No. NCS000397
In accordance with your request to modify Permit No. NCS000397, we are forwarding
herewith the revised NPDES permit." This permit has been revised to be consistent with language
in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the City's
requests dated October 24, 2006.
The revisions do not change the effective date of the original issuance. If your staff
should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or
by e-mail at mike.randall@ncmail.net.
cc: Central Files
Stormwater and General Permit Unit Files
D.,Q-R—ggianaI-Q'ffices t4gD
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919.733.70151 FAX: 919-733.24961 Internet: h2o.enr.slate. nc.us
An Equal 0pportunilylAffirmalive Action Employer — 50% Recycled/10% Post Consumer Paper
Sincerely,
Alan W. Klimek, P.E.
One
NorthCarolina
Natia"ally
yyyhiF ti
'u` I MA CITY OF
December 7, 2006
Mr. Mike Randall
Storm water Permitting Unit
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Randall:
`r
m
z
r
M
QED
The purpose of this letter is to request some minor changes to the language in our permit
number NCS000397.
The changes that we are requesting are to Section F, 3(b)(iii)(A) in Part 11, Page I 1 of 13.
The current language reads: The stornnwater control measures must control and treat the
difference between the pre -development and post -development conditions for the I -year
24-hour storm. Runoff volume drawdown time must be a 111111m1mn of 24 hours, but not
more than 120 hours.
We request that this be changed.to read: The stormwater control measures must control
and treat the runoff from the first one inch of rainfall. Runoff treatment volume
drawdown time must be a minimum of 48 hours, but not more that 120 hours.
We are requesting these changes so that the language will be consistent with language
contained in Session Law 2006-246, Section 9(c)(2) and North Carolina Administrative
Code, Sections 15ANCACO2B.0215(3)(b)(i)(B), 15ANCACO2B.0216(3)(b)(i)(13), and
l 5ANCACO2B.0216(3)(b)(ii)(B).
If you have any questions regarding this request, please contact Alex Fulbright, Assistant
Planning Director at 828 695-4326.
Sincerely,
Rob.rt Mullinax
Mayor
cc: Glenn Pattishall, Interim City Manager
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
. PERMIT NO. NCS 000397
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
City of Newton
is hereby authorized to, discharge stormwater from their municipal separate storm sewer system
located:
within the City of Newton Jurisdictional Area
.Catawba County
to receiving waters, Betts Branch, Bills Branch, Clark Creek, Cline Creek, Hildebran Creek,
Jacob Fork, McLin Creek, Smyre Creek, South Fork Catawba River, Town Creek, Henry Fork
and their tributaries, within the Catawba River basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, III, IV, V, VI,
VII and VIII hereof.
This permit shall become effective July 1, 2005, as amended May 7, 2007.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day May 7, 2007.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
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
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
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 OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
NCS000397
PART [ PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Newton is authorized to discharge stonnwatcr from the municipal
separate storm sewer system (MS4) to receiving waters, Betts Branch, Bills Branch, Clark
Creek, Cline Creek, Hildebran Creek, Jacob Fork, McLin Creek, Smyre Creek, South
Fork Catawba River, Town Creek, Henry Fork. and Tributaries, within the Catawba River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
pennittee's Comprehensive Stormwater Management Program Report, herein referred to
as the Stormwater Plan. The Stormwater Plan includes components of the perniuce's
Phase iI Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit
Application Comprehensive Stonnwater Management Program Report and any approved
modifications.
2. All discharges authorized herein shall be adequately 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-stonnwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This pen -nit covers activities associated with the discharge of stonnwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The perillit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permitter.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
Tile Division may deny or revoke coverage under this pen -nit for separate entities and
require independent pen -nit coverage as deemed necessary. In addition, the pennittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2006-246and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The pennittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this Pen -nit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
Part I Page 1 of 2
NCS000397
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
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stonnwater Management Plan.
The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, an NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that nori-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
NCS000397
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The pennittee will implement, manage and oversee all provisions of its Storniwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The per nittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan,
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are rnost effective and efficient at varying stages of the plan's
implementation.
3. The pennittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The pennittec will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The pennittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part II Page 1 of 12
NCS000397
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part II Page 2 of 12
NCS000397
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 stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
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 and shall notify the Division prior to modification of any goals.
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational'
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part II Page 3 of 12
NCS000397
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part II Page 4 of 12
NCS000397
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4, The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of -pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program. .
(c) Develop a Storm
Identify outfall locations and map
X
X
X
X
Sewer System Base
stormwater drainage system components.
Map
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Pro gram.
Part II Page 5 of 12
NCS000397
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(e) Conduct employee
Conduct training for city staff on detecting
X
X
X
X
cross -training
and reporting illicit discharges.
(f) Provide public
inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and -publicize a reporting
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of 12
NCS000397
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities 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 operators 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) Establish requirements for 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 impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory
and sediment controls at constructions
mechanism for
sites and providing for sanctions to ensure
erosion and sediment
compliance. Instead of originating a new
control
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
pennittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality impacts.
Part II Page 7 of 12
NCS000397
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(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the pen-nittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information
consideration of erosion and
procedures
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
Part 11 Page 8 of 12
NCS000397
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that that
drains to the MS4 and disturbs an acre or more of land surface, including projects
less than an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's Stormwater Management Ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
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(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the MS4
non-structural BMPs. Provide a
mechanism to requirelong-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part 1IPage 9of12
NCS000397
3. The evaluation of Post -construction Stormwater Management Program measures
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-I) — 15A NCAC 213.0212.
(2) Water Supply Watershed II (WS-II) — 15A NCAC 213.0214.
(3) Water Supply Watershed III (WS-III) — 15A NCAC 2B.0215.
(4) Water Supply Watershed IV (WS-IV) — 15A NCAC 213.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 213.0235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —
15A NCAC 213,0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 28.0251.
(b) Model Practices. For those projects that are not subject to the post -construction
stormwater management provisions of another existing state stormwater management
program, the permittee's Post -construction Stormwater Management Program must equal
or exceed the stormwater management and water quality protection provided by the
following model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low -density project or a high
density project.
(ii) A project may be permitted as a low -density project if it meets the following
criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent
development activities maintain the development (or redevelopment)
consistent with the approved plans.
(E) A project with an overall density at or below the low -density
thresholds, but containing areas with a density greater than the overall
project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
Part 11 Page 10 of 12
NCS000397
(Ili) A project not consistent with the requirements for a low density project may be
permitted as a high density project if it meets the following requirements:
(A) High -density projects must use structural stormwater management
systems that will control and treat runoff from the first one -inch of rain.
(B) Runoff volume drawdown time must be a minimum of 48 hours, but not
more than 120 hours;
(C) High -density projects must discharge the storage volume at a rate equal
to or less than the predevelopment discharge rate for the one-year,
24-hour storm.
(D) All structural stormwater treatment systerns must be designed to
achieve 85% average annual removal of total suspended solids;
(E) For BMPs that require a separation from the seasonal high-water
table, the separation shall be provided by at least 12 inches of
naturally occurring soil above the seasonal high-water table.
(F) Stonnwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in 15A
NCAC 214 .1008(c) or a locally approved stormwater management
manual;
(G) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and
(H) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent development
activities maintain the development (or redevelopment) consistent with
the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement comprehensive
watershed protection plans that may be used to meet part, or all, of the requirements for
post -construction stormwatcr management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance
developed by the Commission, may design its own post -construction practices based on the
Division's guidance and engineering standards for best management practices, or it may incorporate
the post -construction model practices to satisfy, in whole or in part, the requirements for post -
construction stormwater management.
(e) For new development and redevelopment projects to be built within the permittee's planning
jurisdiction by entities with eminent domain authority, the permittee shall, to the maximum extent
practicable, coordinate the approval of the post -construction site runoff control with the Division of
Water Quality of DENR.
Part 1I Page 11 of 12
NCS000397
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
�, B1VIP 4 z
ii rt Measurable Goalls
YR
�YR_
>YR
YR
; YR-
e vj ,�y..£:w,<,,tsi..f',.��;.?
(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspect's: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 12 of 12
I►LCS11110M
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included.. 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.
The pernittee's Stonnwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The pernittee will submit a report of this evaluation to the Division
on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 to June 31. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the pennittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The pernittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The pernittee will adequately describe and justify any proposed changes to the
Storrwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The pernittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stonnwater Plan will be
documented.
(d) The pernittee will include a summary of data, accumulated as part of the
Stonnwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The pennittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stonnwater Plan.
(f} The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
review of the stonn sewer system, education, training and results of the illicit
discharge detection and elimination program.
Part III Page I of 2
NCS000397
3. The Director may notify the pennittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2
NCS000397
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The pennittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) 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
env] ronmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) 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 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."
Part IV Page 1 of 2
NCS000397
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which 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.
The written submission shall contain a.description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, 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.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2
NCS000397
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
L. Duty, to Comply
The pernittee must 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.
(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 $27,500 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 administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [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 teens, 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 11 violations
Part V, VI, VII & VIII Page I of I 1
NCS000397
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) 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).
2. Duty to Mitigate
The permittee-shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which 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 pennittee 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.
Furthennore, the permittee is responsible for consequential damages, such as 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 action or
relieve 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,
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
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.
Part V, VI, VII & VIII Page 2 of l 1
NCS000397
7. Duty to Provide information
The penmittee shall 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 tenninating the coverage issued pursuant to this pen -nit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept 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 maintained under this
permit 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. 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 that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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 submitted or required to
be maintained under this pen -nit, 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.
10. Permit Actions
This pen -nit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V, V1, V11 & V111 Page 3 of I I
NCS000397
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all 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.
2. 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.
Part V, VI, VII & VIII Page 4 of I I
NCS000397
7. Duty to Provide Information
The permittee shall 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 terminating the coverage issued pursuant to this pen -nit or to
determine compliance with this permit. The pennittee shall also furnish to the Director
upon request, copies of records required to be kept by this pen -nit.
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 maintained under this
permit 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. 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 that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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 submitted or required to
be maintained under this pennit, 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.
la. Permit Actions
This pen -nit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any pen -nit
condition.
Part V, VI, VII & VIII Page 3 of I I
NCS000397
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permitter to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permitter 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.
Part V,VI, VII&V1IIPage 4of11
NCS000397
SECTION C: MONITORING AND RECORflS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be perfonned during a representative stone event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by ally other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The pennittee shall 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 MS4, an authorized representative of a municipal operator or
the MS4 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 must be kept under the conditions'of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
Part V, VI, Vll & V111 Page 5 of 11
NCS000397
(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 location.
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 terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V,VI, V1I&VIIIPage 6ofII
NCS000397
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director 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.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The pennittee must 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 this Division to initiate action to revoke the pen -nit.
Part V, V1, VII & VIII Page 7 of I I
NCS000397
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. 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).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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
• 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.
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
Part V,VI, VII&VIIIPage 8ofII
NCS000397
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10, Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge. '
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Discharge
Any discharge to a MS4 that -is not composed entirely of stormwater except discharges
pursuant to an NPDES pen -nit (other than the NPDES MS4 permit), allowable non-
stormwater 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.
14. 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, stonnwater, 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
Part V,V1,VII&VII1Page 9of 11
NCS000397
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. 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 oftcn thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
Part V, VI, VII & VIII Page 10of11
NCS000397
19. 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.
20.. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stor nwater control than the previous development.
21. Stonnwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Dail.. Load
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.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V,VI, VII&V1IIPage II ofII
,
J��i �3 ✓t€'..
°ter
,4
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
June 22, 2005
Martin Wilson,
Public Works and Utility Director
City of Newton
P.O. Box 550
Newton, North Carolina 28658
Subject. NPDES Permit Number NCS000397
Catawba County, City of Newton
Dear Mr. Dellinger;
In accordance with your application for a stormwater discharge permit received on March
5, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
Numerous comments were received during the public comment period. The attached
document summarizes comments regarded by DWQ as the foremost and DWQ's response to
those comments. You may review all the comments and response to comments at:
http.//h2o.enr.state.nc.us/su/NPDES Phase II Stormwater Prog,ram.htm
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 77447. 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 the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
1617 Mail Service Center, Raleigh, north Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NOrth Cal O 1 tI11a
Phone: 919-733-70151 FAX:919-733-24961 Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
Sincerely,
�4A ram-
�` Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS 000397
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
City of Newton
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the City of Newton Jurisdictional Area
Catawba County
to receiving waters, Betts Branch, Bills Branch, Clark Creek, Cline Creek, Hildebran Creek,
Jacob Fork, McLin Creek, Smyre Creek, South Fork Catawba River, Town Creels, Henry Fork
and their tributaries, within the Catawba River basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, U, III, IV, V, VI,
VII and VIII hereof.
This permit shall become effective July 1, 2005.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day June 22, 2005.
1,— -6" &,�/
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
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
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
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 OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
NCS000397
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Newton is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters, Betts Branch, Bills Branch, Clark
Creek, Cline Creek, Hildebran.Creek, Jacob Fork, McLin Creek, Smyre Creek, South
Fork Catawba River, Town Creek, Henry Fork and Tributaries, within the Catawba River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
perrnittee's Comprehensive Stormwater Management Program Report, herein referred to
as the Stormwater Plan. The Stormwater Plan includes components of the permittee's
Phase II Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit
Application Comprehensive Stormwater Management Program Report and any approved
modifications.
2. All discharges authorized herein shall be adequately 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.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. 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.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this Permit.
The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
Part I Page 1 of 2
NCS000397
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
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this pen -nit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
$. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, an NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part l Page 2 of 2
NCS000397
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The perrnittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part Il Page 1 of 12
NCS000397
The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part H Page 2 of 12
NCS000397
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 stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMPs for Public Education and Outreach
The permitter shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
,:'.°Measur'able Goals '
°YR.
"YR
YR`
`YR.
'.YR
1
Z
3
4.
$
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part H Page 3 of 12
NCS000397
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BMP :
Measurable
YR
YR
YR
YR,
YR
1
2
.., 3
4.
5
(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part H Page 4 of 12
NCS000397
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittce may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
,� �,1;�BMPr !�, xi
rtMeasurable Goals, ,; .�s
h .
{YR
YRc
YR
YR
{YRg
�h
%..*,9 �EPrtF.X
�,j
Z
.4 vKt#rTY�n
3
+Y
W ;,
&M
X:
(a) Develop/implement
Develop and implement an Illicit
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Identify outfall locations and map
X
X
X
X
Sewer System Base
stormwater drainage system components.
Map
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
(d) implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
Part H Page 5 of 12
NCS000397
;ff.,-WANk-
Nk-'
(e) Conduct employee
Conduct training for city staff on detecting
x
x
x
x
cross -training
and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
x
x
x
x
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
x
x
x
x
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of 12
NCS000397
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of devclopment.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators 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) Establish requirements for 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 impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BMP
:.
Measurable Goals
YR
YR'i
�YR
'XR.
-YR-
(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory
and sediment controls at constructions
mechanism for
sites and providing for sanctions to ensure
erosion and sediment
compliance. Instead of originating a new
control
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality impacts.
Part 11 Page 7 of 12
NCS000397
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
S
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permitter may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information
consideration of erosion and
procedures
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
Part II Page 8 of 12
NCS000397
SECTION h: POST' -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage Stormwater runoff from new development / redevelopment that that
drains to the MS4 and disturbs an acre or more of land surface, including projects
less than an acre that are part of a larger common plan of development or sale.
(b) Provide it mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's Stormwater Management Ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the peri-nittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
BMP
Measurable Goals
YR
YR
YR'
YR
YR
1
2
3
4
5
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address Stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the MS4
non-structural BMPs. Provide a
mechanism to requirelong-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part H Page 9 of 12
NCS000397
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state Stormwater management program, the permittee's Post -
construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local Stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A) The Stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
Part I1 Page 10 of 12
NCS000397
(B) All structural stormwater treatment systems must he designed to
achieve 85% average annual removal of total suspended solids;
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters, and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans, Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part 11 Page 1 l of 12
NCS000397
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
t. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
BMP
Measurable"Goals ,
YR.
YR
YR `
. YR
AR
1
2
;3
; 4
S
(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from munici al operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
pollution prevention and good
housekee in rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part LI Page 12 of 12
NCS000397
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other Stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included.. 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. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation to the Division
on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 to June 31. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
Part III Page 1 of 2
NCS000397
The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part 1V, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to lirnit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2
NCS000397
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) 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/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) 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 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. 1 am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page I of 2
NCS000397
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which 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.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, 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.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part W Page 2 of 2
NCS000397
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
I. Duty to Comply
The permittee must 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.
(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 $27,500 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 I 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 $ l 1,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.4I(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 $1 1,000 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 I] violations
Part V, VI, VII & VIII Page 1 of I 1
NCS000397
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) 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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class H penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which 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 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.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve 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.
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
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.
Part V, Vl, VII & VID Page 2 of 1 i
NCS000397
7. Duty to Provide Information
The permittee shall 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 terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept by this permit.
S. 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 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 that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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 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.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V,VI, VII&VIIIPage 3of 11
NCS000397
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
I. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all 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.
2. 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.
Part V, V1, VH & VIII Page 4 of 1 I
NCS000397
SECTION C: MONITORING: AND RECORDS
1. Representative Sampling;
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall 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 MS4, an authorized representative of a municipal operator or
the MS4 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 must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
Part V, V1, V11 & VL11 Page 5 of 1 l
NCS000397
(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 location.
S. 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 Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false -statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V, VI, VII & VIII Page 6 of 1 1
NCS000397
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director 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.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must 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 this Division to initiate action to revoke the permit.
Part V, V I, VII & V I.LI Page 7 of I 1
NCS000397
PART VIII DEFINITIONS
Act
See Clean Water Act.
2. 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).
3. Built -Upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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
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.
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
Part V,VI, VII&VMPage 8of I
NCS000397
7. Division �DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. 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), allowable non-
stormwater 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.
14. 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
Part V, VI, VfI & VM Page 9 of 11
NCS000397
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of'a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16, 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.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
Part V, VI, VII & VN Page 10 of 11
NCS000397
19. 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.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity,
1. Results in no net increase in built -upon area, and
2. Provides equal or greater Stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. 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.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, VI, VII & VIII Page 1 1 of 1 I
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina department of Environment and Natural Resources
September 24, 2004
Wayne Dellinger, Mayor
City of Newton
P.O. Box 550
Newton, North Carolina 28658
Alan W. Klimek, Y. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
R u -M
E`EIV
SEP 2 9 20041
p,RD MAT LSAL a�� CE
t#00RESVILLe ,EG-iONAL
Subject: NPDES Permit Number NCS000397
City of Newton
Dear Mr. Dellinger;
Enclosed for your review and comment is the draft Phase 2 NPDES Stormwater
Permit for the City of Newton. Following an appropriate public notice and comment
period, we anticipate this permit will become effective in the 41h quarter of 2004.
We believe that this draft permit will provide your community with the flexibility
vital for your community, while at the same time safeguarding and protecting our natural
environment for future generations of North Carolinians.
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. Please provide
your comments by Friday, October 8, 2004. You will also have an opportunity to submit
comments during the public comment period in November, 2004. If you have.any
questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Mooresville Regional Office
a
avC��
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623.6748
1:
NCS000397
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS 000397
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINA'
In compliance with the provisions of North Carolina General Statute}1431215`1"2 c ther lawful
standards and regulations promulgated and adopted by the North Ca�i-olsna Envir mental
Management Commission, and the Federal Water Pollution Control =;amended,
City of Newton
is hereby authorized to discharge stormwater from theiromunicial-separate storm sewer system
located: � ' 4V
Within the City of
ba
al Area
to receiving waters, Betts Branch, Bills Branch-,el"ai'k Creek, Cline Creek, Hildebran Creek,
Jacob Fork, McLin Creek, Smyre Creek, So trk Catawba River, Town Creek, Henry Fork
and their tributaries, within the Catawba 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 VIR hereof.
This permit shall become effective Month,Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
NCS000397
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
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
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 OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFLN17FIONS
NCS000397
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Newton is authorized to discharge stormwater from the municipal
separate storm sewer system to receiving waters, Betts Branch, Bills Branch, Clark Creek,
Cline Creek, Hildebran Creek, Jacob Fork, McLin Creek, Smyre Creek, South Fork
Catawba River, Town Creek, Henry Fork and Tributaries, within the Catawba River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
permittee's Comprehensive Stormwater Management Plan, herein referred to as the
Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II
Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit
Application Comprehensive Stormwater Management Report and any approved
modifications.
2. All discharges authorized herein shall be adequately 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.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the
municipal storm sewer system within the jurisdictional area of the permittee and
surrounding areas as described in the approved local comprehensive stormwater
management program to control potential pollution from the storm sewer system. The
permit applies to current and future jurisdictional areas of the permittee, as well as areas
that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
5. 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.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this Permit.
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
Part I Page I of 2
NCS000397
8. The permit authorizes the point source discharge of stormwater runoff from the municipal
storm sewer system. In addition, discharges of non-stormwater are also authorized
through the municipal storm sewer of the permittee if such discharges are:
(a) Permitted by, and in compliance with, an NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part 1 Page 2 of 2
NCS000397
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan
to reduce pollutants discharged from the municipal separate storm sewer system. This
includes, but is not limited to, the following areas:
(a) The permittee will develop and maintain adequate legal authorities to implement
all provisions of the Stormwater Plan. The permittee will keep the Division
advised of the status of development of appropriate ordinances and legal
authorities and will pursue these authorities in accordance with the schedule
outlined in the Stormwater Plan. Any program changes to the schedule must be
approved in accordance with Item 1(1) below.
(b) The permittee Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the municipal storm sewer system is reduced to the
maximum extent practicable. It is anticipated that in order to meet this provision,
implementation of the Stormwater Plan will occur with emphasis given to priority
areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
(c) The permittee will implement the appropriate components of the Stormwater Plan
to assure that, to the maximum extent practicable, illicit connections, spills and
illegal dumping into the municipal storm sewer system are prohibited.
(d) The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are
a part of the Stormwater Program. This will include, but is not limited to, the
provisions of this permit and the applicable provisions of the permittee's
Stormwater Plan.
(e) The permittee will maintain adequate funding and staffing to implement and
manage the provisions of the Stormwater Plan.
(f) The permittee will implement appropriate education, training, outreach, and
public involvement programs to support the objectives of this stormwater
discharge permit and the Stormwater Plan.
(g) The permittee will implement a program to reduce pollution from construction
site runoff as describe in the permit application and in accordance with this
permit.
Part Il Page I of 10
NCS000397
(h) The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural
and non-structural best management practices to protect water duality, reduce
pollutant loading, and minimize post -development impacts. This program will
include provisions for long term operation and maintenance of BMPs.
(1) The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and
maintenance of municipal facilities to reduce the potential for stormwater
pollution.
0) Proposed permit modifications must be submitted to the Director for approval.
(k) In the first Annual Report after issuance of this permit, or after establishment of
an approved TMDL for a pollutant of concern in the permittee's storm water
discharges during this permit term, the permittee shall identify the impaired
stream segment(s) and/or tributaries to these impaired stream segments and the
location of all known MS4 outfalls discharging a pollutant of concern to these
segments or occurring within one linear mile upstream of these segments. The
permittee shall also propose a monitoring plan (Plan) in the Annual Report for
each pollutant of concern. The Plan shall include the sample type, frequency, any
seasonal considerations, and an implementation schedule to start monitoring for
each pollutant of concern. The Plan must also include a schedule for the
permittee to confirm the location of all MS4 outfalls discharging a pollutant of
concern to the impaired stream segments, or within one linear mile upstream of
these segments. Subsequent Annual Reports will include an assessment of the
data for each pollutant of concern, and an assessment of the effectiveness of the
BMPs employed, to determine what, if any, additional adaptive BMP measures
may be necessary to contribute toward returning the stream to compliance with
State water quality standards. Following any review and comment on the Plan by
the NCDWQ, the permittee will incorporate any necessary changes into the Plan.
Review of this plan may result in comments from NCDWQ that will require
changes to the plan.
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 stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
Part II Page 2 of 10
NCS000397
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 and shall notify the Division prior to modification of any goals.
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material targeting school children,
homeowners, and/or
homeowners, and businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
X
material dissemination
mail outs, at special events, and at high
traffic businesses.
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable State and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Administer a Public
Conduct a least one public meeting to
X
X
X
X
X
Involvement Program
allow the public an opportunity to review
and comment on the stormwater
management prograrn,
Part I[ Page 3 of 10
NCS000397
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(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(c) Establish a Citizens
Establish a citizen's advisory panel to
X
X
X
X
X
Advisory Panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the storm sewer system. The
permittee may require specific controls for a category of discharges, or prohibit
that discharge completely, if one or more of these categories of sources are/is
identified as a significant contributor of pollutants to the storm sewer system.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Complete identification, locations of and
X
X
X
X
Sewer System Base
mapping of stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas and receiving streams,
Part II Page 4 of 10
NCS000397
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(d) Implement illicit
Implement inspection program to detect
discharge detection
dry weather flows at system outfalls.
procedures
Establish procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for town staff on
X
X
X
X
cross -training
detectin and reporting illicit dischar es
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities 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 operators 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) Establish requirements for 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 impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
Part IT Page 5 of 10
NCS000397
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory
and sediment controls at constructions
mechanism for
sites and providing for sanctions to ensure
erosion and sediment
compliance. Instead of originating a new
control
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality im acts.
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
pennittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information
consideration of erosion and
procedures
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
Part 11 Page 6 of 10
NCS000397
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that that
drains to the MS4 and disturbs an acre or more of land surface, including projects
less than an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's Stormwater Management Ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
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(a) Establish a Post
Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction
regulatory mechanism), implement and
Stormwater
enforce a program to address post -
Management
construction runoff controls for new
Program (hereafter
development and redevelopment. The
the Program)
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
in place to prevent or minimize water
quality impacts.
(b) Develop community
Develop guidance material or training
X
X
X
education
class for local developers explaining the
local post -construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
X
X
X
X
and enforcement
compliance and ensure enforcement of the
procedures
Program.
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
MS4
Part 11 Page 7 of 10
NCS000397
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(e) Ensure structural
Establish pre -construction review of plans
X
X
X
X
X
BMP design,
inspection during construction, and post -
construction,
construction acceptance procedures.
operation and
Require and review annual BMP
maintenenace
inspection reports.
compliance
(f) Establish a program
Control the sources of fecal coliform to
X
X
X
to control sources of
the maximum extent practicable. Develop
fecal coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
(g) Establish a buffer
Require that built -upon areas be located at
X
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
either the most recent version of the soil
survey map prepared by the Natural
Resources Conservation Service of the
United States Department of Agriculture
or the recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 15A NCAC 2B .0233 (3)(a).
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
project conformity
protective covenants to ensure that
with the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
Part [l Page 8 of 10
NCS000397
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(i) Establish low -density
Define low -density projects as having
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicalble.
0) Establish high-
Define high -density projects as having
X
X
X
density development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre and post
development conditions for the I year 24
hour storm.
Runoff volume draw down time shall be a
minimum of 24 hours, but not more than
120 hours;
All structural stormwater treatment
systems used to meet the requirements of
the program shall be designed to have an
85% average annual removal for Total
Suspended Solids;
General Engineering Design Criteria for
all projects shall be in accordance with
15A NCAC 2H .1008(c).
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
Part II Page 9 of 10
NCSO00397
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of regulated
Conduct annual review of the industrial
X
X
X
X
X
industrial activities
activities that hold a Phase I NPDES
stormwater permit owned and operated by
the permittee. Specifically review the
following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and
the results of inspections and subsequent
follow-up actions at the facilities.
Part H Page 10 of 10
NCS000397
PART III PROGRAM ASSESSMENT
1. Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. 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. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittec will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(I) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page I of 2
NCS000397
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
(g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects or on a watershed or sub -watershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part ID Page 2 of 2
NCS000397
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of ail reports required by this permit for a period of at least 5
years from the date of the sample, measurement, report or application. This period may
be extended by request of the Director at any time prior to the end of the five year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if-
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) 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/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) 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 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."
Part IV Page 1 of 3
NCS000397
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this permit, the permittee shall record the following
information:
(a) The dates, exact place, and time of sampling, measurements, inspection or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
4. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants which are not specifically listed in the
permit or subject to notification requirements under 40 CFR Part 122.42 (a).
5. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
which may result in noncompliance with the permit requirements.
6. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger 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.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, 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.
Part IV Page 2 of 3
NCS000397
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
8. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
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PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must 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.
(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 $27,500 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 I 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 $11,000 per violation
with the maximum amount not to exceed $137,500. [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 $1 1,000 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 11 violations
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are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) 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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class U penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which 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 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.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve 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 31 1 of the
Federal Act, 33 USC 1321.
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. Severahility
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.
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7. Duty to Provide Information
The permittee shall 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 terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept 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 maintained under this
permit 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, 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 that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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 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.
W. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION
CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all 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 maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems which are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
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2. 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.
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall 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 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 must be kept under the conditions of this permit;
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(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations 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 location.
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 terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director 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 ct. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must 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 this Division to initiate action to revoke the permit.
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PART VIII DEFINITIONS
Act
See Clean Water Act.
2. 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).
3. Clean Water Act
The Federal Water Pollution Control -Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
The North Carolina Environmental Management Commission.
7. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
&. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
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), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
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10, Industrial Activit
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26,
It. 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):
(i) 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.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
12. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
13. 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,
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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 duality 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.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
The owner or operator issued this permit.
16. 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.
17. Redevelopment
Means any rebuilding activity other than a rebuilding activity that;
(i) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title M of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
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(b) Is present at or above threshold levels at a facility subject to SARA title DI,
Section 313 reporting requirements; and
(c) That meet at least one of the following criteria:
(i) Is listed in appendix D of 40 CFR Part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the
CWA in 40 CFR 116.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
20. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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