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HomeMy WebLinkAboutNCS000414_FINAL PERMIT_20070521STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. /� j� (goo l� DOC TYPE q,FINAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ YYYYMMDD f NCDENR North Carolina Department of Environment and Division of Water Quality Michael F. Easley, Governor Sharon A. Myers, L.G. Environmental Specialist/Geologist UNC ol'Chapel Hill 212 Finley Golf Course Road Campus Box 1650 Chapel Hill, North Carolina 27517-4440 Dear Ms. Myers; May 21, 2007 MAY 2 2 2007 DF_NR RALEIGH REGIONAL OFFICE Natural Resources. William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: NPDES Permit Number NCS000441 In accordance with your application for a stormwater discharge permit, 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). If any parts or requirements 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, confonming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, 1Zaleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. 1 can assure you that we have made every effort to fully partner with the appropriate members of your Department during the development of this permit. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Central Files Stormwater and General Permit Unit Files CD.WQ.:Rcgional-Office Q;j 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 One Phone: 919-733-70151 FAX: 919-733-24961 Internet: h2o.enr.state.nc.usNorthCarofina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Aaturally • • STATE, OF NORT11 CAROLINA DEPARTMENTOF ENVIRONMENTand NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000441 TO DISCHARGE STORMWATER UNDERTHE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the federal Water Pollution Control Act, as amended, The University of North Carolina at Chapel Bill is hereby authorized to discharge stormwater from property owned by the University of North Carolina at Chapel Hill in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in farts I through V11I. This permit shall become effective June 1, 2007. This permit and the authorization to discharge shall expire at midnight on May 31, 2012. Signed this day May 21, 2007. >.i� -. 41 Alan Klimek Division of Water Quality By the Authority of the hnvironmental Management Commission • • Permit No. NCS000441 TABLE OF CONTENTS PART I PERMITTED ACTIVITIES PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A Program Implementation Section B Education and Outreach Program Section C Public Involvement and Participation Section D Illicit Discharge Detection And Elimination Program Section L Sediment and Erosion Control Program Section F Post -Construction Stormwater Management for New Development and Redevelopment Section G Pollution Prevention and Good Housekeeping Section I-1 Inspection and Maintenance Program Section I Retrofits Section J Research and Program Assessment Section K Land Use Planning Section L Monitoring Program PART" III PROGRAM ASSESSMENT PARTIV 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 • Permit No, NCS000441 PART 1 PER-MITTED AC'I'Ivl'l'IES 1. During the period beginning on the effective date of the permit and lasting until expiration, the University of North Carolina at Chapel Hill (the "University") is authorized to discharge stormwater associated with property owned by the University to receiving waters, identified in the permittce's Comprehensive Stormwatcr Management Program Report, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the pennittee's Comprehensive Stormwater Management Program Report, herein -after referred to as the "Stormwater Plan." The Stormwater Plan must detail the permittee's stormwater management program for the five-year term of the stormwater pen -nit including, for each of the measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implerentation schedule, and the responsible person or position for implementation. 2. The majority of' stormwater runoff passing through the University's stone sewer system discharges to waters of the state. These discharges are primarily associated with property owned by the University. Systems that contribute to the University's system, or to which the University's system may discharge, are privately owned and maintained, or owned and operated by the City, County, State or Federal authorities. Stormwater from the town of'Chapel Hill also discharges into the University's stromwater sewer system. ' he following list identifies the areas and provides a brief description of land use covered by this pen -nit. The stone sewer system at the University and the UNC Hospitals (1-lospital") convey stormwater from six square miles of University -owned land into several watersheds. The majority of the impervious surface area and the stormwater conveyance system are located on the main University campus. Dour watersheds are present on the main University campus including small portions of the Bolin Creek and Morgan Creek watersheds, the headwaters of the Battle Branch watershed, and the majority of' the Meetings of the Waters watershed. Most of the runoff from the main campus flows into Meeting of the Waters Creek. On the main campus, precipitation falls on green spaces, buildings, athletic facilities, parking lots, and roads. For the developed areas the water is collected in swales, drain inlets, and stormwater piping. Water running off campus is carried primarily through stormwater pipes, eventually emerging into open stream channels before exiting University property. The University owns property surrounding University Lake that is primarily open space and wooded. Rainfall in this area flows into the Morgan Creek watershed. This land is mainly undeveloped, with little impervious surface area. University property near the Horace Williams Airport is primarily wooded and open space, with some acreage used for maintenance facilities. This area drains into Booker and Bolin Creeks. The University's Mason Farm property is comprised of a golf course, the Mason Farm Biological Reserve, the Botanical Gardens, the Friday Center, and other University buildings. Portions of' the Mason Farm property are developed with building and parking areas. The Mason Faun Biological Reserve and Botanical gardens are wooded and undeveloped. Runoff from the Mason Farm property flows into Morgan Creek. The University owns land near the Glen Lennox area in Chapel Hill. phis area is open space or forest and is located within Bolin, Booker, and Little Creek floodplains. Part I Page 1 of 3 Permit No. NCS000441 The Hospital owns a building and associated parking lot in northern Chapel Hill. This property is located within the Old Field Creek watershed. The University owns wooded property and porous pavement parking lot in northern Chatharn County. Runoff from a small portion of this property flows into the watershed of East branch of Price Creek, which is in the Morgan Creek (University Lake watershed). Runoff from the majority of this property flows towards Wilson Creek. All discharges authorized herein shall be adequately treated and managed in accordance with the terms and conditions of this permit. Any other paint -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. 4. This permit does not relieve the University from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. S. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the pennittee as described in the approved 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." 6. The Division may deny or revoke coverage under this pen -nit 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. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 C.F.R. Parts 122, 123, and 124, North Carolina General Statutes 143-215.1 and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Storrnwatcr Plan are enforceable parts of this permit. The pennittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(i3) of the Clean Water Act, provisions outlined by the Director, and the provisions of this pen -nit. The pen -nit requires the development and proper implementation of the Stormwatcr Management Plan. The purpose of the Storrnwatcr Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the 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 Stormwater Management Plan. Part I Page 2 of 3 Permit No. NCS000441 9. 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, another NPDLS 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 duality including, but are not limited to: • water line flushing; • reclaimed water line flushing; • landscape irrigation, including but not limited to reclaimed water; • 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 N.C.A.C. 21-1 .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 pennittee's Stonnwatcr Plan. Part I Page 3 of 3 0 C7 PART 11 MONITORING, CONTROLS, AND LIMITATIONS 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 policies and procedures to implement all provisions of the Stormwater Plan. 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 flan 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. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills, and illegal durnping 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 implement appropriate education, training, outreach, and public involvement programs to support the objectives of'this stormwater discharge permit and the Stonnwater Plan. 6. 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. 7. 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 (`13MPs") 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 I3MPs. 8. The permittee will evaluate operations and develop and implement an appropriate program for activities and ongoing operation and maintenance of facilities to reduce the potential for stormwatcr pollution. Proposed permit modifications must be submitted to the Director for approval. Part II Page 1 of 20 • r� L SECTION B EDUCATION AND OUTREACH PROGRAM 1. Objectives Develop and implement a program to train/cducate staff, volunteers, students, and contractors about the importance of stormwater quality. b. Develop diverse educational materials to engage and educate staff, volunteers, students, and contractors. Management Measures The University shall implement the following management measures to meet the objectives of the Education and Outreach Program. - Management Measurable Goals -YR YR YR YR YR Measures 1 2 3 4 5 a. Education and The University shall develop and submit to X Outreach Plan DWQ for approval the Education and Outreach Plan in Year 1. The program shall describe outreach strategies to inform staff, volunteers, students, and contractors of illicit discharges, stormwater management, improper waste disposal, and reporting. b. Pollution The University shall develop stormwater X X Prevention pollution prevention awareness information Awareness for distribution at significant events, public Educational involvement workshops and/or locations Materials throughout the University. 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. c. Mailers, The University shall develop a mailer or X X X Brochures, Posters articles during; the first 2 years for insert in university -affiliated newspapers. Implement in Year 3. d. Pollution The University shall provide annual X X X X Prevention stormwater pollution awareness training for Awareness appropriate faculty, staff, students, and Training volunteers. 'Training shall include general stormwater awareness, identification of stormwater pollution potential, appropriate spill response actions, and contacts for reporting spills and illicit connections/illegal dumping. Part II Page 2 of 20 • s Management Measurable Goals YR YR NR YR YR Measures 1 2 3 4 5 e. Pre -Construction The University shall develop written guidance X X X X X Contractor material outlining federal, state, and Education University requirements for proper construction site management in Year 1. Written material will be distributed to University Project Managers as well as to contractors during the pre -construction meeting in Years 2-5. An Environmental Affairs representative shall be available to discuss the guidance material and answer questions. f. Website The University shall develop and maintain a X X X X public education website to document University pollution prevention programs and promote stormwater quality. The website will include articles on stormwater, information and brochures on water quality, stormwater projects and activities, brochures on water quality, and ways to contact storrnwater management program staff. g. In -I -louse Email The University shall provide education X X X Communication material for University employees starting in `fools Year 3 using on-line distribution methods and the University website. Focus on importance of employees carrying out their duties without impacting water quality. Track the number of emails sent and type of education materials distributed. h. Special Events The University shall participate in special X X X Participation events such as the annual Earth Day Celebration in an effort to promote environmental stewardship. i. Hotline The University shall establish a hotline in X X X X Year 2 for communication with the University. Publicize through student and employee newspapers and the University website. "Track the number and type of issues as well as disposition of the calls. Part II Page 3 oi' 20 O • SECTION C PUBLIC INVOLVEMENT AND PARTICIPATION Objectives (a) Provide opportunities for the campus community to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. Management Measures Measurable Goals YR 1 YR 2 YR 3 YR 4� 5 5 a. Faculty and Student The University shall encourage the University X X X X X involvement population to join various organizations and groups to help promote environmental stewardship and open lines of communication between faculty, staff, and students. Organize and implement a volunteer stormwater related program. Establish adopt - a -stream program in Year 2 and track University and Hospital volunteer groups. Report on program, providing amount of miles cleaned and frequency of activities in annual report. Stencil 1/5"' of developed University property each year, measured in square miles of community. Report annually on amount of storm drain stenciling completed. Involve faculty and graduate students in water quality monitoring projects as part of on going research. Involve faculty in applying for grant moneys to fund sampling and analytical programs. Track grants received and keep database of monitoring data. Encourage publications based on monitoring data. b. Hotline Advertise both a phone based and 1:3HS X X X X website based hotline in Year 2. Keep a log of stormwater related calls and emails. Report annually on number of stonnwater calls and emails received, topics covered, and action taken. Part Il Page 4 of 20 • • Management Measures Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 c. Vice Chancellor's The Vice Chancellor's Sustainability X X X X X Sustainability Advisory Advisory Committee shall meet regularly. Committee Meeting dates, times and locations for meeting dates open to the public will be published on the Stormwater Website and through various publications. The Vice Chancellor's Sustainability Advisory Committee will evaluate potential opportunities for University faculty and staff to conduct research that results in independent quantitative assessments of pollutant loads from University activities and/or measure structural BMP effectiveness, The research may be used to enhance or unprove existing practices or develop new methods or processes with state-of—the-art technology. Part I1 Page 5 of'20 n 0 SECTION 1) ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 1. Objectives a. Implement an Illicit Discharge Detection and Elimination Program to ensure that illicit discharges, spills and illegal dumping into the University's separate storm sewer system are detected and eliminated. b. The University shall implement appropriate procedures and actions to report illicit spills, discharges and illegal dumping for appropriate enforcement or other action by NCDENR. C. Develop a stonn sewer system map showing all outfalls and waters receiving discharges. Train and educate staff, volunteers, students, and contractors regarding hazards associated with illegal discharges and improper disposal of waste. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the DWQ prior to modification of any goals. Management Measure Measurable Goals YR 1 YR 2- YR 3 YR 4 YR 5 ' a. Illicit Discharge Develop an Illicit Discharge Detection and X X X Detection and Elimination ("IDDE") Policy in Years 1 and 2 Elimination to include illicit detection, right of entry, and Policy prohibition of certain discharges. Implement policy in Year 3. Policy to include procedures for routine inspection, sampling, and maintenance of outfalls, detection, and elimination of illicit discharges, spills, and illegal dumping, reporting and recordkeeping, training and development, and implementation of BMPs, Compliance will be ensured through documented procedures, endorsed by University administration, and implemented by the affected organizations. Part II Page 6 of 20 Management Measurable Goals YR YR YR YR YR Measure 1 2 3 4 5 b. Educational Develop fact sheets for public education X X X X Information program on illicit connections and spill management. Distribute to University and Hospital maintenance personnel and contractors. Educational information in the form of written guidelines and/or fact sheets will be distributed to the campus population as part of the education and outreach program. Educational material will include infonnation on what constitutes an illicit discharge, University contacts, and how to report suspect activities. c. Training Train employees on how to inspect for illicit X X X connections and establish a tracking system for managing reported problem areas. d. Detection and Utilize visual inspections and chemical X X X X X Elimination testing of outfalls during dry weather. The University will inspect 115 of geographic area of community per year during dry weather conditions and test flows found at discharge points. The University will create a database of outfalls, inspection date, tests conducted, findings, and actions taken. The University shall maintain a standard reporting forinat and contact for all complaints and reports of illicit discharges. A report form will be completed for each inquiry and investigative results and corrective actions will be included in the Annual Report. Part 11 Page 7 of 20 e • Management Measurable Goals YR YR YR YR YR Measure 1 2 3 4 5 e. Storm Sewer Develop storm sewer system map showing X X X X X System Mapping outfalls and the receiving body or water. Complete 1/4of the community each year, updating any system changes within already mapped areas as they occur. The University will conduct visual inspections of the storm sewer system including outfalls and existing components of the drainage system in an effort to maintain an inventory of drainage structures and storm sewer system maps. Outfails will be categorized by the receiving water to which the outfall discharges. Information gathered will include location., reference number, size and type of structure, apparent condition of structure, and dry - weather flow. f. Hotline Utilize local hotlincs set up under Public X X X X Involvement Program for public reporting of illicit connections. The University shall maintain a log of hotline calls and actions taken. g. Local wastewater Using a sewer system map, the University X X X X program shall identify potential cross connections and place on hot spot list to be included in an inspection program. Part II Page 8 of 20 • SECTION E SEDIMENT AND EROSION CONTROL PROGRAM 1. Objectives a. Control development activities disturbing one or more acres of land surface. b. Require construction site operators to implement appropriate erosion and sediment control practices. c. Require site inspection and enforcement of control measures. d. Establish requirements for construction site operators to control waste that may cause adverse impacts to water quality such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site. 2. Management Measures The Erosion and Sediment Control Program for the University was delegated to the North Carolina hand Quality Section. The University also has its own Design Specifications for erosion and sediment control that are more stringent than the state standards. The University shall implement the following management measures to meet the objectives of' the Sediment and Erosion Control Program and shall notify the Division prior to modification of any goals. Management Measures Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 a. Construction Site The NCllENR Division of Land Resources X X X X X Erosion and Erosion and Sediment Control Program Sedimentation effective meets the Erosion and Sediment Control for Control Program requirements by permitting Disturbing One or and controlling development activities More Acres 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. This program includes 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. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGOl00OO), specifically Par I, Section A, Paragraphs 3, 4, 5, and b, effectively meets the above requirements. Part I1 Page 9 of 20 .7 Managements - Measurable Goals YR-' YR YR YR YR' Measures 1 2 3 4 5 b. Requirements for The NCG010000 permit establishes X X X X X Construction Site requirements for construction site operators to Operators 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. c. Sediment and All construction projects that impact greater X X X X X Erosion Control than one acre must submit a Sediment and Plan (Sites Erosion Control Plan (SECP) to NC DENR Greater'I'han One Division of Land Quality for review and Acre) approval. No construction project may begin without an approved plan. d. Sediment and All sediment and erosion control measures X X X X X Erosion Control and devices shall be designed, installed and Guidelines maintained in accordance with the NC DENR Erosion and Sediment Control Planning Design Manual and the NC DENR General Permit No. NCG 010000. All permanent and temporary devices shall be designed and installed in accordance with the NC DENR Sediment and Erosion Control Planning and Design Manual. Devices shall be inspected and maintained in accordance with the Approved Sediment and Erosion Control Plan and the NCG010000 General Permit. The construction contractor and/or designer are responsible for proper inspection and maintenance of all temporary sediment and erosion control devices and measures. University construction projects must be designed to meet University Erosion and Sediment Control Requirements approved by the University's Facility Planning Committee in January 2003. e. DLQ Site The Division of Land Quality is responsible X X X X X Evaluations for inspection and enforcement of sediment and erosion control measures for active construction sites. Part II Page 10 of 20 Management Measures Measurable Goals YR l YR 2 YR 3 YR 4 YR 5 f. University Site The University's Facilities Planning and X X X X X Evaluations Construction Department shall conduct site inspections and for ensuring that erosion and sedimentation control measures are installed and maintained according to the approved contract documents. The University's Grounds Department shall inspect construction sites for both tree protection measures and installation and maintenance of erosion and sedimentation control measures. The University's Environment, Health and Safety Department shall inspect construction sites for compliance with their erosion and sedimentation control plans. g. Public The University shall provide and promote a X X X X X Involvement means for the public to notify the University of observed erosion and sedimentation problems. Part 11 Page 1 1 of 20 SECTION F POST -CONSTRUCTION STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT Objectives a. Manage stormwatcr runoff from new development and redevelopment that disturbs an acre or more of land surface and drains to the University MS4s. b. Ensure structural and non-structural controls are in place to minimize water quality impacts. C. Ensure long-term operation and maintenance of permanent BMPs. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Post -Construction Stormwater Management Program. Management Measures _ ..-Measurable Cnals�j _ n�..YR.'; -YR YR YR _ YR 3` 4. 5: a. Standards and Policies on The University shall developed standards and X X X BMPs for Post- policies for post -construction BMPs for Construction Controls development of new properties or the redevelopment of properties. The University Design Specifications for all University construction projects shall specify standards and practices for post -construction BMPs for development of new properties or the redevelopment of properties. b. Maintenance Standards Based on University policy, in Year 2, the X X X X and hipcetion Program University shall develop and institute a maintenance and inspection program for post - construction structural controls, c. Field Inspections The University shall inspect the installation of X X X X X stormwater control structures to ensure that they are properly installed during construction. d. Establish Nutrient The University shall develop, adopt, and X X X X X Sensitive Waters (NSW) implement a strategy to ensure that the BMP Protection Measures (for for reducing nutrient loading is selected. In programs with areas where the Environmental Management development or Commission has approved a NSW Urban redevelopment draining Stormwater Management Program, the to NSW waters) provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program. Part II Page 12 of 20 • 3. 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-1)— 15A N.C.A.C. 213.0212. (2) Water Supply Watershed II (WS-11) — 15A N.C.A.C. 213.0214. (3) Water Supply Watershed lll.(WS-Ill) — 15A N.C.A.C. 213.0215, (4) Water Supply Watershed IV (WS-IV) — ISA N.C.A.C. 213.0216. (5) Freshwater High Quality Waters (FIQW) — 15A N.C.A.C. 21-1.1006. (6) Freshwater Outstanding Resource Waters (ORW) — 15A N.C.A.C. 21-1.1007. (7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy — 15A N.C.A.C. 213.0235. (8) The Tar -Pamlico River I3asin Nutrient Sensitive (NSW) Management Strategy — 15A N.C.A.C. 213.0258. (9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy — 15A N.C.A.C. 213.0251. Part It Page 13 of 20 SECTION G POLLUTION PREVENTION AND GOOD HOUSEKEEPING 1. Objective Prevent or reduce stormwater pollution from University operations. Management Measures The University shall implement the following management measures to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. Management Measures Ma - Measurable Goals. YR 1 YR, 2 YR . 3 YR 4 '" YR 5 a. Preventive Maintenance The University shall implement preventive X X X X X maintenance programs for facility (common - use) equipment, including emergency generators and cooling towers. b. Spill Prevention and The University shall maintain material X X X X X Response storage procedures that include provision of secondary containment; development of spill prevention, containment, and control plans and/or safety plans; and preferred sheltering; of all chemicals and other hazardous substances. The University shall provide annual spill training to employees. Training shall cover proper handling procedures and emergency actions. c. Employee Training Beginning in Year 2, provide annual training X X X X to all employees (University and Hospital) who maintain the drainage system with a focus on floatable, grit, sediment, and disposal of pollutants removed from the drainage system. Beginning in Year 2, provide annual training to all employees (University and Hospital) . who manage and apply chemicals to address safe storage, application, and disposal of residue chemicals. Provide information on reducing the frequency and amount of nutrient application. Part II Page 14 of 20 • 0 Management Measures Measurable Coals YR YR z YR 3 YR 4 YR1 5 d. Visual Inspections The University shall perform visual X X X X X inspections of the University's storm sewer System including drains, inlets, and outfalls. In addition, conduct inspections to identify areas where exposures have the potential to introduce hazardous pollutants to the storm sewer system. e. Inspection and The University shall develop an inventory of X X X X X ]:valuation of facilities all facilities and operations owned and and Operations operated by the University with the potential for generating polluted stormwater runoff. In Year 1, begin environmental audit for activities and complete audits by Year 2. Inspect the potential sources of polluted runoff, stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. As each audit is completed, prioritize recommendations, and initiate recommendations in the fiscal year following the audit, except where any high hazard or potential human risk is identified. Address immediately any high hazard or potential human risk identified. f. Review of University The University shall conduct annual review of X X X X X Owned or Operated the industrial activities with a Phase I NPDLS Regulated Industrial stormwater permit owned and operated by the Activities University. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase 1 permit, and the results of inspections and subsequent follow- up actions at the facilities. g. Waste Management The University shall implement a plan to X X X X X place closed -top, side opening dumpsters at newly constructed buildings and replace top opening dumpsters with closed -top dumpsters as existing dumpsters are replaced. "Trash receptacles are to be located in convenient areas, and collected on a routine basis. Litter and debris shall be collected from parking lots and other public areas on a regular basis. Part 11 Page 15 of 20 • Management Measures Measurable Goals YR YR YR YR YR 1 2 3 4 5 h. Snow Removal and The University's Inclement Weather X X X X X Control Procedure for Snow, Ice, and Freezing Rain shall provide procedures and priorities for controlling such salt application. BMPs shall be implemented for salt piles. i. Recycling and Solid The University shall continue to evaluate and X X X X X Waste Reduction operate a recycling program for various materials, including metals, glass, paper, cardboard, and lamps containing mercury and revise the program where opportunities exist. j. Hazardous Materials Persons who use or store hazardous materials X X X X X Response shall have and maintain an approved safety plan, and provide adequate training, covering the use, storage, and disposal of chemicals and equipment to contain or control small spills. The University shall maintain agreements with the local Fire Department for response to chemical incidents. In addition, hazardous waste contractors and other environmental contractors shall provide support for remediation activities. k. Hazardous Waste The University shall maintain a program to X X X X X Program collect chemical wastes, including hazardous wastes and used oils, from University laboratories and shops. I. Landscape Services The University shall provide for area X X X X X maintenance, including landscape inspection, maintenance, and leaf collection programs. The University shall manage a program for inspecting and cleaning drain inlets, including yard drains and curb inlets. Part II Page 16 of 20 SECTION 111 INSPECTION AND MAINTENANCE PROGRAM Objective Develop and implement a BMP Inspection and Maintenance Program to aid in the inspection, operation and maintenance of permanent BM Ps. 2. Management Measures The University shall implement the following management measures to meet the objectives of the BMI' Inspection and Maintenance Program and shall notify the Division prior to modification of any goals. Management Measures Measurable Goals YR Ylt YR YR Ylt1 2 3 4 5 a. Evaluate BMP "IThe University will evaluate structural BMPs X X X X X Inspection and for inspection and maintenance needs. The Maintenance Needs. evaluation will include consideration of the BMP type, site conditions, and state Stormwater Permit requirements. The University will evaluate the current non- structural BMPs within cacti department and organization. Where deficiencies are found, more stringent BM1's shall be implemented. b. Develop and maintain The University shall develop and maintain a X X X X X a BMP Inspection and program for inspection, operation, and Maintenance Manual. maintenance of permanent BMP controls. Written procedures will detail inspection and maintenance requirements for the proper operation of the various types of BMP devices, frequency of inspections, "how-to" instructions for maintenance, and an inspection and maintenance tracking mechanism. c. Storm Sewer System The University Grounds Department shall X X X X X Maintenance perform inlet and catch basin cleaning, cleaning of Stormwater pipes greater than four inches in diameter, open space and curbside leaf removal, parking lot and road sweeping, and planting and mulching erosion prone areas. The University Housekeeping Department shall clean inlets that are within ten feet of building entrances. The University Maintenance Department shall clean stormwater pipes that arc four inches or less in diameter and repair stormwater.piping. Part 11 Page 17 of 20 • Management Measures Measurable 1. Goals YR 1 YR 2 YR 3 YR 4 YR 5 d. Implement a BMP The University will implement the BMP X X X X Inspection and Inspection and Maintenance Manual. The Maintenance Program. program will include training for appropriate University staff, volunteers, and contractors. Part 11 Page 18 of 20 11 SECTION 1 RETROFITS 1. Objectives Use retrofits to address pollutant loading. 2. Management Measures The University shall implement the following management measures to meet the objectives of the BMP Retrofit Program and shall notify the Division prior to modification of any goals. Management Measures Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 I?valuate Current In Year 2, the University shall initiate X X X X Stormwater Control evaluation of Current stonnwater control Structures structures owned by the University and determine if existing structures can be retrofited for water quality controls. Complete in Year 5 and prioritize structures for retrofit based on existing pollutant loads to the receiving water, cost effectiveness of the retrofit, and environmental benefits and constructability of the retrofit, as well as other appropriate parameters. Part 1I Page 19 of' 20 • • SECTION L MONITORING PROGRAM Objective The objective of the University's Stormwater Monitoring Program is to comply with federal and state compliance requirements (40 C.F.R. Section 122.26 and 15A N.C.A.C. 2B .0235), to effectively impiement University programs and procedures and to ensure the protection and improvement of water quality on UNC property. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Monitoring Program and shall notify Division prior to modification of any goals: Management Measures -Measurable Goals YR YR 2 YR 3 YR 4 YR1 5 Monitoring The University will continue to perform X X X X X monitoring in the follow areas: • Monitoring on Meeting of the Waters Creek and Battle Branch. • Quarterly visual inspections where outfalls exit the main campus. • Surface water sampling conducted on Crow Branch Creek as approved by the North Carolina inactive Hazardous Sites Branch. Part II Page 20 of 20 • Permit No. NCS000441 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 and monitoring information to the Division on an annual basis. This information will be submitted by August 1 of each year and cover the previous year's activities from June 1 through May 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater flan 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' tile continued financial support for the overall Stormwater Plan. (1) 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, project assessments, inspections, continued inventory, and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 s 0 Pen -nit No. NCS000441 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 pennittee 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 Stor nwater Plan. Part III Page 2 of 2 0 • Permit No. NCS000441 PART 1V REPORTING AND RECORD KEEPING REQUIREMENT'S 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 Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 All applications, reports, or information submitted to the Division shall be signed by a principal executive officer 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; 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 cnvironmentallstorniwater 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 offines and imprisonment for knowing violations." Part IV Page I of 3 • 0 Permit No. NCS000441 3. Recording Results For each measurement, sample, inspection, or maintenance activity performed or collected pursuant to the requirements of this permit, the University shall record the following information: a. The date, 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; C. The analytical techniques or methods used; and f. The results of such analyses. 4. Planned Changes The University shall give notice to the Director as soon as possible of any planned changes that could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants that are not specifically listed in the permit or subject to notification requirements in 40 C.F.R. Section 122.42 paragraph (a). 5. Anticipated Noncompliance The University shall give notice to the Director as soon as possible of any planned changes that may result in noncompliance with the permit requirements. 6. Twenty-four Hour Reporting The University shall report to the central office or the appropriate regional office any noncompliance or reasonably anticipated non-compliance that may endanger health or the enviromnent. Any information shall be provided orally within 24 hours from the time the University became aware of the circumstances. A written submission shall also be provided within 5 days of the time the University becomes aware of the circumstances. b. 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. 7. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part 111 of this permit on forms provided by the Division. Part IV Page 2 of 3 • 0 Permit No. NCS000441 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 University 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 3 of 3 • 0 Permit No. NCS000441 PART V STANDARD CONDITIONS SECTION A COMPLIANCE AND LIABILITY 1. Duty to Comply The University 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. 'file University shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided i►] 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 sections 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any ol' such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. ' Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates sections 301, 302, 303, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of' such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Under state law, a daily civil penalty of not more than tell thousand dollars ($10,000) 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 Gcncral Statutes 143-215.6A] Part V Page 1 of 6 0 0 Permit No. NCS000441 d. Any person may be assessed an administrative penalty by the Director for violating sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $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 University shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in Part V, Section B, Paragraph 3 of this permit regarding bypassing of stormwatcr control facilities, nothing in this permit shall be construed to relieve the University from any responsibilities, liabilities, or penalties for noncompliance pursuant to N.C.G.S. 143- 215.3, 143-215.6A, 143-215.6B, t43-215.6C or Section 309 of the Federal Act, 33 U.S.C. Section 1319. Furthermore, the University 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 University from any responsibilities, liabilities, or penalties to which the University is or may be subject to under N.C.G.S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 U.S.C. Section 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. b. 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. 7. Duty to Provide Information The University 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 Part V Page 2 of 6 • 0 Permit No. NCS000441 permit. The University shall also furnish to the Director upon request copies of records required by this permit. 8. Penalties for 'Pampering 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 2 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 as promulgated under state statute. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 • 0 Permit No. NCS000441 SECTION B OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The University shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the University 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 that are installed by the University only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Need to halt or Reduce not a Defense It shall not be a defense for the University 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. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against the University for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. 'There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The University submitted notices as required under Part IV of this permit. d. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director detennines that it will meet the three conditions listed above. Part V Page 4 of 6 • • Permit No. NCS000441 SECTION C MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified 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 conforn to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 U.S.C. Section 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 C.F.R. Part 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 University 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 stone 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; Enter upon The University'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. I -lave access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 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. Part V Page 5 of 6 0 - Permit No. NCS000441 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 U.S.C. Section 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. 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 Page 6 of 6 • • Permit No. NCS000441 PART VI LIMITATIONS REOPENER This permit shall be modified or, alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Watcr Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any limitation in the permit; or b. Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or tenninating the permit as allowed by the laws, rules, and regulations contained in Title 40, C.P.R., Parts 122 and 123; "Title 15A of the N.C.A.C., Subchapter 21-1 .0100; and N.C.A.C,143-215.1 et. al. Part VI Page I of I 0 Permit No. NCS000441 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENT'S The University must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A N.C.A.C. 2I-1 .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. Part VII Page I or I U 0 Permit No. NCS000441 PART VIII DEFINITIONS Act See Clean Water Act. 2. Allowable Non-Stormwater Dischar ,es This permit regulates stormwater discharges. Non-stormwater discharges that shall be allowed in the stormwater conveyance system are: All other discharges that are authorized by a non-stormwater NPD13S permit. b. Uncontaminated groundwater, foundation drains, air —conditioner or air compressor condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands, irrigation drainage, landscape watering, pavement wash water which does not use detergents and no spills or leaks or toxic or hazardous materials have occurred (unless all materials have been removed), routine external building wash down which does not use detergents, and incidental windblown mist from cooling towers that collect on rooftops. Discharges resulting from fire fighting training without chemical additives or from fire fighting. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BM Ps can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMI'). 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. Bypass A bypass is the known diversion of stormwater or wastewater from any portion of a control facility, including the collection system, which is not a designed or established operating mode for the facility. Part V11I Page 1 of 6 L� • Permit No. NCS000441 6. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 U.S.C. Section 1251, et. seq. 7. 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. S. Department Department means the North Carolina Department of Environment and Natural Resources 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission, 12. 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. 13. Hazardous Substance Any substance designated in 40 C.F.R. Part 116 pursuant to Section 311 of the Clean Water Act. Part V111 Page 2 of 6 • 0 Permit No. NCS000441 14. Illicit_ Discharge Any discharge to a MS4 that is not composed entirely of' stonnwater except discharges pursuant to an NPDEaS permit (other than the NPDLS MS4 pennit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 15. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities listed defined in 40 C.F.R. Section 122.26. 16. Municipal Separate Storm Sewer System Municipal separate storm sewer means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by a State, city, town, borough, county, parish, 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 agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of'a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. Section 122.2. 17. Non-Stormwater Discharge Categories The following are categories of non-stonnwater discharges that the pennittee 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 C.F.R. Section 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), Part VI11 Page 3 of 6 0 Permit No. NCS000441 is. 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. 19. Out fall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stonnwater 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. 22. Redevelopment Means any rebuilding activity unless that rebuilding activity; a. Results in no net increase in built -upon area, and b. Provides equal or greater stormwater control than the previous development. 23. 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 stone 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. 24. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Part VIII Page 4 of 6 w 0 Permit No. NCS000441 25. Sensitive Waters a. Waters that are classified -as high quality, outstanding resource, shellfish, trout, or nutrient -sensitive waters in accordance with subsections (d) and (e) of' 15A N.C.A.C, 2B .0 10 1 (Procedures for Assignment of Water Quality Standards — General Procedures). Waters that are occupied by or designated as critical habitat for aquatic animal species that are listed as threatened or endangered by the United States Fish and Wildlife Service or the National Marine Fisheries Service under the provisions of the Endangered Species Act of 1973 (Pub. L. No. 93-205; 87 Stat. 884; 16 U.S.C. §§ 1531, ct seq.), as amended. Waters for which the designated use, as described by the classification systern set out in subsections (c), (d), and (e) of 15A N.C.A.C. 2B .0 10 1 (Procedures for Assignment of Water Quality Standards — General Procedures), have been determined to be impaired in accordance with the requirements of subsection (d) of' 33 U.S.C. § 1313. d. The following North Carolina water quality classifications are I-IQW by definition: Water Supply I (WS-I), Water Supply 11 (WS-II), Shellfish Harvesting (SA), and waters which the Division has received a petition for reclassification to either WS-1 or WS-I1. 26. Severe Property Damage Means substantial physical damage to property, damage to the control facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 27. Sitnificant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title Ill of' SARA; fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges. 28. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of* reportable quantities under Section 311 of the Clean Water Act (Ref: 40 C.F.R. Sections 1 10.10 117.21) or Section 102 of CERCLA (Rcf: 40 C.F.R. Section 302.4). 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part VIII Page 5 of 6 • Permit No. NCS000441 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at all industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 C.P.R. Section 122.26 Paragraph (b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. See also the definition of industrial activities. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan that details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. 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. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34 Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit limitations because of factors beyond the reasonable control of the University. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Waste Pile A Waste Pile means a stack or pile of materials remaining from construction or maintenance activities. For University projects, these waste piles typically consist of earthen materials or construction material rubble. 36. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Part VIII Page 6 of 6 COU-,*j /FRE USE NUM:EER FACMM: CITY: PER.Y=1 N TMMER COUNTY: 'Permit Information that Needs to be Incorpora-,ed into Future Permit Re•,isioas: DATE COINalENTS �'J(� ,5 uli rA L�J ems Ai� NCDENR North Carolina Department of Environment and Natural Michael F. Easley, Govemor Division of Water Quality June 22, 2005 Mr. Jack Vannoy Director Water and Wastewater Resources P.O. Box 617 Spring Lake, North Carolina 28390 Dear Mr. Vannoy; Resource's. William G. Ross, Jr., Secretary . Alan W. Klimek, RE., Director" r (7. i I G+ CJ-s Subject: NPDES Permit Number NCS000414 Orange and Durham Counties, Town of Chapel Hill In accordance with your application for a stormwater discharge permit received on March 10, 2003 and as amended November 19, 2003, 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: httpa/h•2o.enr.state.nc.us/su/NPDES_Phase_I1 Stormwater Program.htm As a result of comments received during the comment period, DWQ revised the TMDL language for communities that are or may be subject to TMDLs during the term of their permit. The revisions were editorial in nature and necessary to clarify the additional requirements a community would be subject to if 1) the permitted MS4 is or becomes subject to an approved TMDL, and 2) following notice of such by the Division. 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 l 50B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. 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.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper onr NthCarolina Naturally 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. If you have any questions concerning this permit, please contact Mike Randall at telephone number 9191733-5083 ext. 545. Sincerely, �n 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. NCS000414 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Chapel Hill is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Chapel Hill Jurisdictional Area Orange and Durham Counties to receiving waters, Little Creek, Bolin Creek, Booker Creek (Eastwood Lake), Morgan Creek, Meeting of the Waters Creek, Cedar Fork Creek, Wilson Creek, Fan Branch Creek, Crow Branch Creek, Battle Branch Creek, Old Field Creek, and Dry Creek, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit 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. * &A S"'j Alan W. Vdimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission e 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 4. 0 PERMIT NO. NCS000414 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Chapel Hill is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Little Creek, Bolin Creek, Booker Creek (Eastwood Lake), Morgan Creek, Meeting of the Waters Creek, Cedar Fork Creek, Wilson Creek, Fan Branch Creek, Crow Branch Creek, Battle Branch Creek, Old Field Creek, and Dry Creek, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittec's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 11 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 permitter. 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. 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 Part I Page I of 2 0 0 PERMIT NO. NCS000414 discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the 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 Stormwater Management Plan. S. 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, another 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 I Page 2 of 2 0 PERMIT NO. NCS000414 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: 1. 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 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 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 includethe 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. The permittee will implement 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 U Page 1 of 13 0 • PERMIT NO. NCS000414 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. 11. if the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The following additional requirements apply. (a) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential of discharging the pollutant(s) of concern: to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. The permittee shall also develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s) of concern: to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. (b) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement Part H Page 2 of 13 • 0 PERMIT NO. NCS0004114 appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream segments in the MS4 jurisdictional area by referencing the 2004 Integrated 305(b) and 303(d) Report (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. Part H Page 3 of 13 • PERMIT NO. NCS000414 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. BMP Measurable Goals :. YR YR: -YR ° YR YR 1 2 3 4. S (a) Establish a Public Develop a public education program and 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 Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater mana ement program staff. (c) Public education Develop general stormwater educational 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 2rogram. (d) Public education Distribute written educational material to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 4 of 13 • 0 PERMIT NO. NCS0004.14 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 Goals YR YR, YR 'YR YR 1 2- 3 4 $. (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 X community stormwater related program designed to involvement program promote ongoing citizen participation. (c) Establish a Citizen's Develop a citizen's group(s) for input on X X X Group(s) stormwater issues and the stormwater program. Part II Page 5 of 13 0 r PERMIT NO. NCS000414 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION I. 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. w l� ,xBMPK;Fpsz _<; s bl,Goalssu� - Measurae YR {YR YR �tYR Y 2.�tj��� _ . xi irTj{Ta re s.. xSx �v _ X 6 , k (a) Develop/Implement Develop and implement an Illicit X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Pro ram. (c) Develop a Storm Sewer Identify outfall locations and map X X X System Base Map stormwater drainage system components. 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 11 Page 6 of 13 C] 10 PERMIT NO. NCS000414 BMPs'`Measura6l+e Gaalsr YR YR YR ! S" (e) Conduct employee Conduct training for municipal staff on X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and 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 reporting mechanism mechanism for the public to report illicit dischar es. Part H Page 7 of 13 PERMIT NO. NCS000414 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS I. 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 Construction Site Runoff Controls and shall notify the Division prior to modification of any goals. BMP Measurable Goals - . YR' YR YR YR: 4 '--YR 5 (a) Implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at construction sites for erosion and and providing for sanctions to ensure sediment control compliance. Instead of originating a new 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 8 of 13 0 0 PERMIT NO. NCS000414 BMP Measurable Goals YR YR YR YR YR 1 2 3 4 5 (c) Provide educational New materials may be developed by the X X X X X and training materials permittee, 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. (c) Establish public Establish procedures for receipt and X X X X X information procedures consideration of erosion and 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 9 of 13 0 0 PERMIT NO. NCS000414 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment 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 Town of Chapel Hill shall implement the following BMPs to meet'the objectives of the Post -Construction Stormwater Management Program. BMP Measurable Goals ... , Y. Y ... Y : ,Y . X., . :.. R °' R R -R _R (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 runoff from new development and Program 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 X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require adequate long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program Control the sources of fecal coliform to the X X X X to control the sources maximum extent practicable. Develop of fecal coliform to and implement an oversight program to the maximum extent ensure proper operation and maintenance practicable of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part H Page 10 of 13 • 0 PERMIT NO. NCS000414 BMP Measurable Goals Y R 1 Y R 2 Y R 3 Y R 4 Y R 5 (d) Establish nutrient Develop, adopt, and implement an X X X X X sensitive waters ordinance (or similar regulatory (NSW) protection mechanism) to ensure that the best measures (for management practice for reducing nutrient programs with loading is selected. In areas where the development or Environmental Management Commission redevelopment has approved a Nutrient Sensitive Water draining to NSW Urban Stormwater Management Program, waters) the provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program. 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-1— 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. Part II Page I 1 of 13 PERMIT NO. NCS000414 (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 I - year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be 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 H Page 12 of 13 0 0 PERMIT NO. NCS000414 SECTION G: POLLUTION PREVENTION AND GOO 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. BMP Measurable Goals YR YR -.YR YR, YR (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 o erations. (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 X 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 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 II Page 13 of 13 17-� • PERMIT NO. NCS000414 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 and monitoring information 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 I 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 PERMIT NO. NCS000414 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 Ell Page 2of2 • PERMIT NO. NCS000414 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 env ironmentallstormwater 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 l of 2 PERMIT NO. NCS000414 3. Recording Results . 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 (b) 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 that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. 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 M 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 • 0 PERMIT NO. NCS000414 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 $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 Page l of 6 PERMIT NO. NCS000414 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 1I 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 that 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 Page 2 of 6 .7 40 PERMIT NO. NCS000414 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 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 Page 3 of 6 • • PERMIT NO. NCS000414 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CON`fROLS 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 pen -nit. Part V Page 4 of 6 .]L 0 PERMIT NO. NCS000414 SECTION C: MONITORING AND RECORDS I. 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; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 0 0 PERMIT NO. NCS000414 (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 V Page 6 of 6 • • PERMIT NO, NCS000414 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 i 5A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 • • PERMIT NO. NCS000414 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittec 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 U Page 1 of 1 • 0 PERMIT NO. NCS000414 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. 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 II Page 1 of 4 PERMIT NO. NCS000414 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 Sams 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. Part V I I Page 2 of 4 0 0 PERMIT NO. NCS000414 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): a. 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. h_ Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and d. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 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. Part VH Page 3 of 4 n s PERMIT NO. NCS000414 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittec The owner or operator issued this permit. 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 VU Page 4 of 4