HomeMy WebLinkAboutNCS000414_FINAL PERMIT_20070521STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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• 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.
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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.
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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.
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• 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.
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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),
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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.
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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.
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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
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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
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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.
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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.
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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;
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(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.
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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.
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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.
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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
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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.
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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.
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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.
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