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HomeMy WebLinkAboutNCS000414_FINAL PERMIT_20170220Cat'ATvQ STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. DOC TYPE FINAL PERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ ab v a � YYYYMMDD STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000450 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 Carrboro is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Carrboro's corporate limits Orange County to receiving waters, Bolin Creek and Morgan Creek, and tributaries, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, VI, VIi and VIII hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO, NCS000450 TABLE OF CONTENTS PART I PERMIT COVERAGE PART Il FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] 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: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS000450 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Carrboro (hereinafter referred to as the "Town") is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Bolin Creek and Morgan Creek, and tributaries, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the Town's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the Town's stormwater management program for the five-year term of the stormwater permit including, for each 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 implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be 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. C. This permit does not relieve the Town from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 owned and operated by the Town within the corporate limits of the Town. The permit applies to the corporate limits of the Town, as well as areas covered by inter -local or other similar agreements with other entities or local governments. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the Town may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittee will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act 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 Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000450 H. 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 Town if such discharges are: Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • 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 firefighting activities. 3. The Division may require that non-stormwater flows of this type be controlled by the Town's Stormwater Plan. I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000450 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permitter will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants froth its municipal storm sewer system associated with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its 13MPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittce is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be Part 11 Page 1 of 15 PERMIT NO. NCS000450 consistent with the permit and will establish a deadline to finalize such changes to the program. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO. NCS000450 SECTION B: PUBLIC, EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities addressing impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The Town shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program. BMP Measurable Goals a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The Town shall maintain a description of the target pollutants and/or stressors and/or stressors and likely sources. c. Describe target audiences The Town shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. -Describe residential and The Town shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The Town shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The Town shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the Town may rely on Public Education and Outreach example, schools, homeowners, materials supplied by the state, and/or other entities through a and/or businesses. cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The Town shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The Town's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the Town shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000450 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Involve the community in the development and implementation of the stormwater program by implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The Town shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program. BMP _ Measurable Goals- a. Volunteer community The Town shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The Town shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The Town shall promote and maintain a hotlinelhelpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000450 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for illicit Discharge Detection and Elimination a. Implement and enforce a program to address the detection and elimination of illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, 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, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). BMPs for Illicit Discharge Detection and Elimination The Town 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. BMP Meastirable Goals;�'3 ' Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part II Page 5 of 15 PERMIT NO. NCS000450 z ' ° �<' BMP Mea b e Goa s,. sura l 1 a.aq Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. Provide Public Education The permittec shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. Enforcement of the IDDE The permttee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part 11 Page 6 of 15 PERMIT NO. NCS000450 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b), the Town may rely on the Orange County Sediment and Erosion Control Program to comply with this minimum measure. The Orange County Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The Orange County Sediment and Erosion Control Program continues to be monitored by the State to ensure the County effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCG010000 permit, as administered by the State, establishes 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. 3. The Town shall provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The Town may implement a plan promoting the existence of the North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part 11 Page 7 of 15 PERMIT NO. NCS000450 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The Town shall implement the following BMPs to meet the objectives of the Post -Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the Town as approved by the Division, the post - construction ordinances shall apply with regard to permit compliance. AMP easuraE�le�GoalS a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part H Page 8 of 15 PERMIT NO. NCS000450 BMP Measurable Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Scction .1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the pennittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control' required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the Town shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy, or temporary certificate of occupancy, the Town shall conduct a post - construction inspection to verify that the Town's performance standards have been met or a bond is in place to guarantee completion. The Town shall document and maintain records of' inspections, findings and enforcement actions and make them available for review by the perm=itting authority. Part II Page 9 of 15 PERMIT NO. NCS000450 BMP '- = iVieasuralile:Goals r a h. Educational materials and training The Town shall make available through paper or electronic for developers means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the Town, or the Town may use materials adopted from other programs and adapted to the Town's new development and redevelopment program. i. Enforcement The Town shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development a. In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use Stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control Stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part Il Page 10 of 15 PERMIT NO. NCS000450 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The Town shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program. BMP ,` Measurable Goals a. Inventory of municipally The Town shall maintain a current inventory of facilities and owned or operated facilities operations owned and operated by the Town with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The Town shall maintain and implement, evaluate annually and (O&M) for municipally owned update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwatcr runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The Town shall have written spill response procedures for municipal operations for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. f. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains. basins and conveyance systems d. Identify structural stormwater The Town shall a current inventory of municipally -owned or controls operated structural stormwater controls installed for compliance .with the Town's post -construction ordinance. c. O&M for munici all -owned The Town shall maintain and implement an O&M program for Part 11 Page 11 of 15 PERMIT NO. NCS000450 BMP- Measurable Goals - or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the Town's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The Town shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by Town. The Town shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. £ Pesticide, Herbicide and The Town shall ensure municipal employees and contractors are Fertilizer Application properly trained and all permits, certifications, and other measures Management. for applicators are followed. g. Staff training Towns shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. h. Prevent or Minimize The Town shall describe and implement measures to prevent or Contamination of Stormwater minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000450 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 5. Within 36 months of the final approval of a TMDL., the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part 11 Page 13 of 15 PERMIT NO. NCS000450 SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] 1. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part 1V of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3, Annual Reporting • Paragraph S. Report Submittals Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV, Paragraph 8.] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The perniittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of pertnit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa.izov/compliance/final-national-pollutant- dischar >e-elimination-s stem-n des -electronic -re orting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15`h of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000450 5. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittec must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: htt :/p /deq.nc.-,ov/about/divisions/water-resources/edmr 6. Records Retention [Supplements Part N, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 15 of 15 PERMIT NO. NCS000450 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring infonmation as necessary to evaluate the progress and results of the Permittee's Stormwater Plan. A. 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. 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 upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that 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: I . The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. 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.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. 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. 5. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 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 plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7 (c) 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. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 1 of 2 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section I, Electronic Reporting [g.s. 143-215, 1 (b)] of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1, Electronic Reporting [g.s. 143-215.1(b)] of this permit. C. Twenty-four I -lour Reporting The permittee shall report to the Division 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 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. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page I of 2 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. 3. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to 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 2 of 2 PERMIT NO. NCS000450 PART V STANDARD CONDITIONS SECTION A. COMPLIANCE AND LIABILITY Duty to Comply The Town shall 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 Town 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. 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 $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] 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 pen -nit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class 1 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 II violations .are not to exceed the maximum amounts authorized by Section 309(g)(2)(13) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000450 2. Duty to Mitigate The Town shall take 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 Town from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Town 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 Town from any responsibilities, liabilities, or penalties to which the Town is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the Town is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit floes 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. 7. Duty to Provide Information The Town 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 Town shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsities, 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000450 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 filing of a request by the Town for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The Town is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Town shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any Town that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143- 215.E and 33 USC 1251 et seq. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO. NCS000450 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The Town shall at all times property operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the Town to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a Town 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 a Town in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 5 PERMIT NO. NCS000450 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. Inspection and Entry The Town 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 Town's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any,records of the Town that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the Town 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 under the control of the Town. 2. 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 13 t 8, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Energy, Mineral, and Land Resources. 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 5 of 5 PERMIT NO. NCS000450 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000450 PART VI1 ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The Town shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of 1 PERMIT NO. NCS000450 PART VIII DEFINITIONS Act See Clean Water Act, 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, pen -nit 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 Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part Vill Page I of 5 PERMIT NO. NCS000450 9. EMC The North Carolina Environmental Management Commission. 10. 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. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer Stem All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or (b) Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or (c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall") Major municipal separate storm sewer outfall (or "major outfall') means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part Vlll Page 2 of 5 PERMIT NO. NCS000450 15. Minimum Des4m Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CPR 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. (b) 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 17. Non-stormwater Dischar e� Cate mod ries The following are categories of non-stormwater discharges that the permittee shall 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, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting 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). 18. 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 Part VIII Page 3 of 5 PERMIT NO. NCS000450 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. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. 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. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 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 storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. 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 an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part Vlll Page 4 of 5 PERMIT NO. NCS000450 26. Stormwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. 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 scicntific 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. Part V I I l Page 5 of 5 Ar4it' lNCDENR- North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor June 22, 2005 Mr. Roy Williford Planning Director 301, West Main Street Carrboro, North Carolina 27510 William G, Ross, Jr., Sec(6tary : Alan W. Klimek, P.E.-,'Director p7 J 2 r Subject: NPDES Permit Number NCS000450 Orange County, Town of Car, boro Dear Mr, Williford; In accordance with your applicationfora stormwater discharge permit received on March 12, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http://h2o.enr.state.nc.us/su/NPDES Phase II Stormwater Pro ram.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 150B 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: 919-733-7015 I FAX: 919-733-24961 Internet: h2o.enr.state.nc.us one NhCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper • • 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 919/733-5083 ext. 545. Sincerely, ." 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. NCS000450 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 Carrboro is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Carrboro Jurisdictional Area Orange County to receiving waters, Bolin Creek and Morgan Creek, within the Cape Fear River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, Il, M, W, V, VI, VU and V11I 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. �' -8"'" -iy Alan W. Mimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART' II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS • Aft No. NCS000450 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Carrboro is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Bolin Creek and Morgan Creek, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase ll Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215. l 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 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 Part I Page 1 of 2 • Permit No. NCS000450 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. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-Stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 • kit No. NCS000450 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The 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 include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Flan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part n Page 1 of 13 9ermit No. NCS000450 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. 1 1. 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 Permit No. NCS000450 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 0 'Permit No. NCS000450 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 YRI .:YR 'YR YR YR y 1 2 3 4 5 (a) Establish a Public Develop a public education program and X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X 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 ro ram. (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 • Pit No. NCS000450 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public to participate in program development and implementation. (b) Reach out and engage major economic and ethnic groups. (c) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. y BNT ' Measurable Goals" YR YR YR' YR ' YR 3. 4, 3 S; (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. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) stormwater issues and the stormwater program. Part II Page 5 of 13 0 Ormit No. NCS000450 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. `j 1 x 'Measurable Goals _ I Y •R YRRsr .R YR YR ,YR ,r»t i y ; ..,c+: 2 L 2� 4d (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 Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to 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 II Page 6 of 13 • emit No. NCS000450 Measurable Gaa1s ' _:` 1� ;YR' YR YR YR YR'` ak4,_.:�y 17.ry }.')"6 1 w. ,=m �. a. �a. �,. �• .� . ,.. !,'�a- �2.. (e) Conduct employee Conduct training for municipal staff on X X cross -training detecting and reporting illicit discharges. (i) Provide public Inform public employees, businesses, and 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 reporting mechanism mechanism for the public to report illicit discharges. Part 11 Page 7 of 13 E Ormit No. NCS000450 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Construction Site Runoff Controls and shall notify the Division prior to modification of any goals. r Measurable Goals -YR . YR : XR YR .:YR (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 H Page 8 of 13 • ]lit No. NCS000450 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 prograrn. (d) Institute plan reviews Review construction plans and establish X X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X X information 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. The permittee relies on Orange County to comply with this minimum measure. The preceding table is modified by the following: ➢ The permittee shall conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by Orange County, to see if the site is in compliance. ➢ The permittee will monitor the Orange County program for effectiveness in the permittee jurisdiction. Sites that are not in compliance with their sediment and erosion control permits will be reported to the Orange County. Follow-up action by that Orange County will be monitored. ➢ The permittee will maintain a record of findings and follow-up procedures. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 9 of 13 0 0 Permit No. NCS000450 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) Ensure long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The Town of Carrboro shall implement the following BMPs to meet the objectives of the Post -Construction Stormwater Management Program. BMP w ` . Measurable Goals YR YR YR YR? YR , 3 ..4 (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality. impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require 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 to Control the sources of fecal coliform to X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department, Part II Page 10 of 13 • 0 Permit No. NCS000450 BMP Measurable_ Goals YR 1 YR 2 YR 3 YR 4 YR 5 (d) Establish nutrient Develop, adopt, and implement an X X X sensitive waters (NSW) ordinance (or similar regulatory protection measures mechanism) to ensure that the best (for programs with management practice for reducing nutrient development or loading is selected. In areas where the redevelopment draining Environmental Management Commission to NSW waters) has approved a Nutrient Sensitive Water Urban Stormwater Management Program, 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 QRW 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 Part 11 Page 1 I of 13 • 0 Permit No. NCS000450 development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (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 11 Page 12 of 13 • tPeimit No. NCS000450 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals YR YR YR YR YR 1. 2 3 4 5 (a) Develop an operation Develop an operation and maintenance X X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X 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 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 H Page 13 of 13 • 0 Permit No. NCS000450 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 1 to June 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 0 Permit No. NCS000450 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part M Page 2 of 2 0 0 Permit No. NCS000450 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of -'at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 • fermit No . NCS000450 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 (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance 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 III of this permit on forms provided by the DWQ. 5. 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 Permit No. NCS000450 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 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the 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) (eurrently $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class I1 violations Part V, VI, VH & VIII Page 1 of 12 0 fermit No. NCS000450 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class U penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit 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, Vl, VH & VM Page 2 of 12 0 Permit No. NCS000450 7. Duty to Provide Information The perinittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for rnodifyina, 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. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V, V1, VE & VIU Page 3 of 12 0 Permit No. NCS000450 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS I. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, VI, VII & VIII Page 4 of 12 0 0 Permit No. NCS000450 SECTION C: MONITORING AND RECORDS I. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V, VI, Vfl & VM Page 5 of 12 0 0 Permit No. NCS000450 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V, VI, VU & VM Page 6 of 12 0 Permit No. NCS000450 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, rule~, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part V, VI, VII & VIE Page 7 of 12 • 0 Permit No. NCS000450 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part V, VI, VII & VIII Page 8 of 12 0 Permit No. NCS000450 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part V, VI, V❑& V M Page 9 of 12 L_J 0 Permit No. NCS000450 6. Department Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part V, Vl, VD & VM Page 10 of 12 Permit No. NCS000450 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): i. Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined. in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part V,VI,VII&VIIIPage II of12 ermit No. NCS000450 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load TMDL A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, VI, VII & VIE Page 12 of 12