HomeMy WebLinkAboutNCS000499_OTHER_20111230STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
f
DOC TYPE
❑FINAL PERMIT
0 ANNUAL REPORT,
❑ APPLICATION
❑�COMPLIANCE
U/OTHER
DOC DATE
❑ � (l a3�
YYYYMMDD
0 IV
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Town Manager
Town of Kure Beach
P.O. Box 3
Kure Beach, North Carolina 28449
Division of Water Quality
Coleen H. Sullins
Director
December 30, 2011
Subject: Notice of Violation
NPDES Phase II Permit NCS000499
The Town of Kure Beach's Phase Il Stormwater Discharge Permit, NCS000499, expires
Dee Freeman
Secretary
February 28, 2012. The Town must submit a permit renewal application as are required no later
than 180 days prior to the expiration date. Any permittee 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 143-215.6 and 33 USC 1251 et seq.
As a regulated public entity under the NPDES stormwater program, the Town of Kure Beach is required
to develop a stormwater management program and submit annual reports. DWQ does not have any
records of the Town submitting their annual reports for 2007, 2008, 2009, 2010 or 2011.
For your convenience I have attached hard copies of the application and the proposed draft
permit. Additional information on the NPDES program, is available for download at our web
site at:
http://portal.nedenr.org/web/wq/ws/su/phase2
Thank you for your attention to this matter. Failure to submit a renewal application and annual
reports are subject to civil penalty assessment of up to $25,000.00 per day for each violation.
Please submit the application form, the Town's latest annual report, and the Town's Stormwater
Management Plan by January 31, 2012.
Wetlands and Stormwater Branch
1617 Mail Service Center, Ralel North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91 M07-63001 FAX: 919-807-64941 Customer Service: 1-871-623-6748
Internet: www.ncwaterqualiry.org
NorihCarolina
;Vaturaltrf
An Equal Opportunity 1 Affrmalive Action Employer
If you would also like to obtain an electronic application, a template for a Stormwater
Management Plan, a sample annual report, and the proposed draft permit, or if you have any
questions, please feel free to contact me at (919) 807-6374 or mike. randal I kncdenr. gov.
Sincerely,
)7+"�
Mike Randall
Division of Water Quality
Stormwater Permitting Unit
cc: Central Files
Stormwater Permitting Unit Files
DWQ wilmington Regional Office
. • 0
\NA'rF Michael 17. i':Islcy. Go%cinor
1
0
�0 �QG DeWilhi lln G. Rovs ,11 , scocl:uy
North CfIrUhTl:l p:trunesrt of 1`116ronmeut and Naurril Kcsourcc>
7 Alan W. Klimck, P. 1', Ditectot
Division of Water Quarity
Colcen IL SUIIInS, Dcputy Ditcctot
Division of Water Quality
STAI{F REVIEW AND EVALUATION
NUDES Stormwater Permit
Facility Name:
NPDES Permit Number:
Facility Location:
Type ofActivity!
Receiving Stream:
River Basin:
Stream Classification:
Proposed Permit Requirements
Compliance Schedule:
Basis For Monitoring:
Basis for Other Requirements:
Response Requested by (Date)
DOCUMENTS REVIEWED
Town of Kure licach
NCS000499
"town of Kure Beach
MUllicipal Separate Storm Sewer System
Cape bear and Atlantic Ocean
Cape Fear River Basin
SA, I-IQW
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
April 13. 2006
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 31, 2004 is
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) 4_"-,2� Date ;VI 7 200
Stormwater and General Permits Supervisor _ Date G
Concurrence by Regional Office )'C "-) O�� �r-tC" �cr c%�� Date L /�y C-
Water Quality Supervisor
Date
N. C. Division of Wale) Quality 1017 N1ail Servicc Center Raleigh, North Carolina 27699-1617 (919) 733-5083
2 4A
Customer .Sct vice
I-877-62 3-6748
�0F W A rEgQ
�O G
� r
0 �
Mr. Sonny Beeker
Director of Public Works
Town of Kure Beach
401 H. Avenue
Kure Beach, North Carolina 28449
Dear Mr. Becker:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Colecn 11. Sullins, Deputy Director
Division of Water Quality
February 17, 2006
Subject: Draft NPDES Permit Number NCS000499
Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit
for the Town of Kure Beach.
In a letter dated May 18, 2005, the Director, in response to the great volume of concern
expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing
low density impervious surface limits, directed DWQ staff to withhold issuance of individual
Phase II permits for communities within the Coastal Counties until such time that a review of the
effectiveness of the proposed post -construction stormwater control measures in the draft Phase 11
Permits and the existing State Coastal Stormwater Program could be completed. DWQ has
decided to move forward with drafting Phase II Permits for the coastal communities.
Specifically for the coastal communities, we are purposing development activities located
with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the
runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except
for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all
perennial and intermittent surface waters. Redevelopment activities that meet the provisions of
15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements.
Purposed structural stormwater controls include the following criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no fa$ter than 48 hours, but
no slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the pre -development
discharge rate for the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .I008(c).
We believe that this draft permit will provide your community with the flexibility vital for
your community, while at the same time safeguarding and protecting our natural environment for
future generations of North Carolinians.
NCDEiC�
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6748
•
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. Please provide your comments by
Thursday, April 13, 2006. You will also have an opportunity to submit comments during the
public comment period. If you have any questions about this draft permit don't hesitate to contact
me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801.
Sincerely,
Micheal F. Randall
Environmental Engineer
Stormwater and General Permits Unit
cc: Stormwater and General Permits Unit
Wilmington Regional Office.
•
•
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000499
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the Nort" h�`Carolina Envirc
Management Commission, and the Federal Water Pollution Control Act 0dmended,
Town of Kure Beach `•'`"
�;tYY
TiJ'
is hereby authorized to discharge stormwater from their mudidipal,separate storm sewer system located:
within the Town of Kure Beach urisdictional Area
New Hanover Count
to receiving waters, Cape Fear and
the discharge limitations, monitorir
VI, VII and VH1 hereof.
the Cape Fear River basin in accordance with
tier conditions set forth in Parts 1, II, III, IV, V,
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
r
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
0 PERMIT NO. NC000499
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 CONTROEs
SECTION F: POST -CONSTRUCTION SITE RUNOFF CFROLS
A
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS .,. F'
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
Ak
PART V STANDARD CONDIT, ONS
SECTION A: COMPLLNNCE 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
0
• • PERMIT NO. NCS000499
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Kure Beach is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters, Cape Fear and Atlantic Ocean, 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 11
Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application
Comprehensive Stormwater Management Program ReportJandlany'ppproved modifications.
2. All discharges authorized herein shall be adequately
conditions of this permit. Any other point source di:
prohibited unless it is an allowable non-stormwater c
authorization, or approval. ,
3. This permit does not relieve the permittee
applicable federal, state, or local law, rule
in accordance with the terms and
`surface waters of the state is
�rs;ts covered by another permit,
sib'ility for compliance with any other
-eiinance, order, judgment, or decree.
4. This pemvt.covers activities associated with- e,discharge of stormwater from the MS4 within
the jurisdictional area of the permitte6as,deescfjl5ed in the approved local Stormwater Plan to
control potential pollution from M 41The permit applies to current and future jurisdictional
areas of the permittee, as well as areas tha 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 Wa�e�Quaiity, 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 pen -nit for specific entities.
Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-
1 b3 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 Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan,
Part 1 Page 1 of 2
•
Arr NO. NCS000499
8. 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: h,
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters; g�
• uncontaminated groundwater infiltration; ..
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate(Mriercral/residential);
• irrigation waters (does=uofinclude reclaimed water as described in 15A NCAC 2H
.0200);;r.
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 1 Page 2 of 2
•
• PERMIT NO. NCS000499
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not limited to, the following areas:
1. The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions'of the-Stormwater Plan. The
P&Nv
permittee will keep the Division advised of the status of development of appropriate ordinances
W�OVWN
and legal authorities and will pursue these authorities in accordand6*ith the schedule outlined in
the Stormwater Plan.
2. The permittee's Stormwater Plan will be implei
pollutants from the MS4 is reduced to the maxi:
order to meet this provision, implementation of
given to priority areas and to management meal
efficient at varying stages of the plan's impl me
3.
4
4
1.1
7.
The permittee will implement the
maximum extent practicable, illici
The permittee will implem(
assess the performance of t
Plan. This will include the
aged such that the discharge of
P" _
.ticable. It is anticipated that in
Plan will occur with emphasis
ms that are most effective and
.'theStormwater Plan to prohibit, to the
the
and illegal dumping into the MS4.
ss7df the Stormwater Plan as appropriate to monitor and
;management measures that are a part of the Stormwater
of this permit.
The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stormwater discharge permit and the Stormwater Plan.
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. '
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 storrwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Page 1 of 9 -
0
PAT NO. NCS000499
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 reducefor 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 modi€ication of -any goals.
BMP
;gyp 9 ��Measura6le Goals�,z�� rkl'R
Y
i
VW
(a) Establish a Public
Develop fa public educatioh`program and
X
X
X
X
X
Education and Outreach
implement4i`thin 1' months of the permit
Program
issue dateincorporate outreach elements for
significant minonty.-and disadvantaged
communities.
(b) Informational Web Site
Deverah maintain inkernet web site. Post
X
X
X
X
X
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
materials for schools,
material to appropriate target groups as likely
homeowners, and/or
to have a significant storm'water impact.
businesses
Instead of developing its own materials, the
permittee may rely on state -supplied Public
Education and Outreach materials, as
available, when implementing its own
program.
Develop age -specific educational information
for use in local elementary schools.
Possibilities include using hands on
watershed model with visual aids
(d) Public education material
Distribute written educational material to a
X
X
X
dissemination
broad public audience. Possibilities include,
but are not limited to utility mailouts,
quarterly stormwater newsletter through local
newspaper and at special events.
Page 2 of 9
•
• PERMIT NO. NCS000499
SECTION C. PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major -economic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet pt�he 4bjecti s`o e Public Involvement
and Participation Program and shall notify the Division prior toot dification of any goals.
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,BMP ,��''S'�"` zf
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(a) Administer a Public
Involvement Program
Develop and implemea Pub] Involvement
and Participation Pro "am.
X
X
X
X
X
A. EI ...
(b) Allow the public an
ConductiAilleastt°or e publiE`meeting to allow
R 4p,pportun
X
opportunity to review and
the public ty to review and
comment on the
comment on thOStormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
community involvement,
stormwater related program designed to
program
promo e,on?going citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Page 3 of 9
e
PEQIT NO. NCS000499
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=' d waters receiving discharges.
(e) Inform employees, businesses, and the general public�,gf hazards associated with illegal
discharges and improper disposal of waste. -�
2. BMPs for Illicit Discharge Detection and Elimi
The permittee shall implement the following BMPs t6rneFthe objectives of the Illicit Discharge
".
Detection and Elimination Program and shall not ify'theoDrvisibn prior to modification of any goals.
BMP"
��=�1Vleasurable Goals ��YR
�irR'
YR
YRYR
(a) Develop/Implement Illicit
Develop d•iinplemenf an Illicit Discharge
X
X
X
Discharge Detection and
Detection and Elahation Program. Include
Elimination Program
provisions for program assessment and
�a .
evaluation. JF
(b) Establish and maintain
Establiigli 0d maintain adequate legal
X
X
X
appropriate legal
authorities to prohibit illicit discharges and
authorities
enforce the a2proved IDDE Pro am.
(c) Develop a Storm Sewer
Identify outfall locations and map stormwater
X
X
X
System Base Map
drainage system components. At a minimum,
mapping components includes outfalls,
drainage areas, and receiving streams.
(d) Implement illicit
Implement an inspection program to detect dry
X
X
X
discharge detection
weather flows at system outfalls. Establish
procedures
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 pera roved Illicit Discharge Program.
(e) Staff training
Train local law enforcement and fire fighting
X
X
X
personnel on detecting and reporting illicit
dischar es.
(f) Provide public education
Inform public employees, businesses, and the
X
X
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Page 4 of 9
• . 0 PERMIT NO. NCS000499
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 operorsto control waste such as discarded
building materials, concrete truck washout, chemicals, litter a'n sanitary waste at the
construction site that may cause adverse impact a owater quality.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of
Program to comply with this minimum measure.
LR) Erosion and Sediment Control
The NCDENR Division of Land Resourcesl-Erosion and,,Sediment Control Program effective meets the
requirements of the Construction Site Runoff,0-6ntrolsiby permitting and controlling development
activities disturbing one or more acres o0and surface and those activities less than one acre that are part
ff of a larger common plan of development. This program is authorized under the Sediment pollution
Control Act of 1973 and Chapter 4 of tie 15A�of the North Carolina Administrative Code. This
n - '
program includes procedures for public znp_ut, sanctions to ensure compliance, requirements for
construction site operators to implemen appropriate erosion and sediment control practices, review of
site plans which incorporates consideration of potential water quality impacts, and procedures for site
inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000),
specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The
NCG010000 permit 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. '
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.
The permittee may pursue local government implementation of the Erosion and Sediment Control
Program by requesting a "minor modification" to the permit.
Page 5 of 9
0
PEOrr NO. NCS000499
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality
2. BMPs for Post -Construction Site Runoff Controls
The pen-nittee shall implement the following BMPs to meeflthe'6bj&tives of the Post -Construction
Stormwater Management Program.
r xwmBMP�ata
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RN
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5YRV,
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(a) Establish a Post-
Develop,rhd addp-Q ordinance (or similar
X
X
X
X
X
Construction Stormwater
�
regulatory4iiechanit4)ga ,program to address
Management Program
stormwater; fdifo-fffrom new development and
redeveldpment. �-lement and enforce the
program within�24 months of the permit issue
dateilie ordinance must be reviewed and
approv6dF6"'y"the Director prior to
implementation. Ensure that controls are in
place to prevent or minimize water quality
impacts.
I
t
(b) Establish strategies which
Develop strategies that include a combination
X
X
X
X
X
include BMPs
of structural and/or non-structural BMPs.
appropriate for the MS4
Implement them within 24 months of the
permit issue date. Provide a 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 the
X
X
X
X
X
control the sources of
maximum extent practicable. Develop an
fecal coliform to the
oversight program to ensure proper operation
maximum extent
and maintenance of on -site wastewater
practicable
treatment systems for domestic wastewater.
Implement them within 24 months of the
permit issue date. Municipalities must
coordinate this program with the county health
department.
Page 6 of 9
0 • O PERMIT NO. NCS000499
I Post -Construction Site Runoff Controls.
(a) All development activities located with the permittee's jurisdiction that disturb 5,000
square feet or more of land shall control the runoff from the first one and one half inch of
rainfall to the level specified in Paragraph (b) of this rule. In addition, all impervious
surfaces, except for roads, paths, and water dependent structures, shall.be located at least
30 feet landward of all perennial and intermittent surface waters. Redevelopment
activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to
comply with the requirements of this Paragraph. A
(b) Structural stormwater controls required under P
criteria:
the following
(1) Remove an 85% average annual amoutit of Tofal,Suspended Solids.
(2) For wet detention ponds draw down.theafreatment volume no faster than 48
hours, but no slower than 120 hou s. y "
(3) Discharge the storage volume at a ra a equal or less than the pre -development
discharge rate for the 1-year ;�24-hour storm.
W:-.
(4) Meet the GeneraKngineerling Degign Criteria set forth in 15A NCAC 2H
.1008(c).
>..-
41,
(c) For the purposes of this =permit, 'a 'gurface water shall be present if the feature is shown on
either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service`of the United States Department of Agriculture or the most recent
version of the 1:24,000 tale 7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). Relief from this requirement shall be allowed
when surface waters are not present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a).
(d) The permittee shall require recorded deed restrictions and protective covenants that
ensure development activities will maintain the project consistent with approved plans.
Page 7 of 9
0
PAT NO. NCS000499
(e) The permittee shall require an operation and maintenance plan that ensures the operation
of the structural stormwater control measures required by the program. The operation
and maintenance plan shall require the owner of each structural control to submit a
maintenance inspection report on each structural stormwater control measure annually to
the local program.
(f) In addition to the other measures required in this rule, all development activities located
within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining
to Shellfishing (SA) waters shall:
(1) Use stormwater control measures that result in -fecal coliform die off and that
`K k�
control to the maximum extent practicable sources�fe cal coliform while
incorporating the requirements specifiRin,Paragrapl�i (b) of this Rule.
(2) Prohibit new points of stormwater discliarge£to SA waters or expansion (increase
in the volume of stormwater flow through conveyances or increase in capacity of
conveyances) of existing stormw to er eo ve zx;ante systems that drain to SA
waters. Any modification or redesign of a storinwater conveyance system within
! � X </.
the contributing drainage basin must not increase the net amount or rate of
stormwater discharge through existing outfalls to SA waters. Diffuse flow of
'Vgf. .T
stormwater at a non=erosive :velocity to a vegetated buffer or other natural area
capable of providing f cti el infiltration of the runoff from the 1-year, 24-hour
�. _"iN .
storm shall not be considered a direct point of stormwater discharge.
Cons ideratio> hall be,�Ven to soil type, slope, vegetation, and existing
hydrology wen evaluating infiltration effectiveness.
Page 8 of 9
•
® PERMIT NO, NCS000499
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 pern-iittee shall implement the following BMPs to meet the.obj#tiyes of the Pollution Prevention
and Good Housekeeping Program and shall notify the Division prior toomodifaeation of any goals.
l
t � FBMP�
Mcasurabl`e GoalsR s
;..
YR
YR ,-
YR4
YR
nil
(a) Develop an operation and
Develop an operation andtmamtenance
X
X
X
X
X
maintenance program
program that has the ultimate goal off
preventing or reducing pollutantirunoff from
municipal -operations.
(b) Inspection and evaluation
facilities,
Develop an inventory of U facilities and
owned
X
X
X
X
X
of operations,
operations andtoperated by the
and the MS4 system and
,
permute +itlhtth%potential for generating
including the
associated structural
BMPs.
polluted stormwater runoff,
MS4 system a4associated structural BMPs.
Inspect otential sources of polluted runoff,
the sto�nwater 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 pollution
X
X
X
X
X
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 stormwater
regulated industrial
permit owned and operated by the permittee.
activities
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.
Page 9 of 9
0
PERMIT NO. NCS000499
2.
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 wilt be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative immediately upon request.
The permittee's Stormwater Plan will be reviewed and up ated,asiecessary but at least on an
annual basis. The permittee will submit a report of this evalua ion and'monitoring information to
the Division on an annual basis. This information will 1; s bmitted by date of each year and
cover the previous year's activities from Date to Date..The permittec's reporting will include
appropriate information to accurate] describe the progress, s at s and results of the ennittee's
Y �, � P
Stormwater Plan and will include, but is not limited to. liho%allowing components:
(a) The permittee will give a detailed de`scription.of the status of implementation of the
Stormwater Plan. This will`-inclua nforniat o on development and implementation of
-s.. N.
all components of the Sto�rmwater Plan.for the past year and schedules and plans for the
year following each report
(b) The permittee will adequately d5scribe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for the
r, IV
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 Stormwatcr
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 I of 2
•
P*IT NO. NCS000499
CI
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
W, 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.
The Division may request ad
and results of the permittee's
Part III Page 2 of 2
ssess the progress
F_j
0 PERMIT NO. NCS000499
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, sal all be submitted to the following
address: F r j
Department of Environment and Nattifal Re;
Division of Water
.Quaiity�
Stormwater Pennitting,Unrt
1617 Mail Service Center.;;),
Raleigh, North Carolina 2,7699-1617
(b) All applications, reports,,& -information submitted to DWQ shall be signed by a principal
executive officer, rankinl�d official or duly authorized representative. A person is
Ney-
a duly authorized representatiV�My if'
(i) The authorizafion is made�in writing by a principal executive officer or ranking
elected official; Y
(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 cnvironmental/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:
"1 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 1V Page 1 of 2
PAT NO. NCS000499
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 perm ttee shall report to the central office or the app"ropy ate regionai office any
noncompliance that may constitute an imminent threat to lealth or the environment. Any
information shall be provided orally within 24 hours from th"Etime the permittee became aware
of the circumstances. A written submission shall also be prow d d within 5 days of the time the
permittee becomes aware of the circumstance
The written submission shall contain a description"of the noncompliance, and its causes; the
exactd'afes aidiimes, and if the noncompliance has not been period of noncompliance, including
corrected, the anticipated time co plianceis"expceted to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence ofkthe noncompliance.
The Director may waive the wntten repdfron a case -by -case basis if the oral report has been
received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per Part III of
this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the permittee's Stormwater Plan, or for the entire Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2
0 , 0' PERMIT NO. NCS000499
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 pMhibihons ei6blished under Section
%A, CA
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or probtbittons; even if the permit has not yet
been modified to incorporate the requiremeef.�*'
(b) The Clean Water Act provides that an�,person NOTo 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)
�.�T <� 4kow, is
as amended by the Debt Colleetion�Iinprovement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). 1Aoy 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 thangl year, or both. Any person who knowingly violates
permit conditions is subleet to, criminal penalties -of $5,000 to $50,000 per day of
vh�
violation, or imprirysonme�for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500, [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions,.or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class 1 penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class 11 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 6
•
PAT NO. NCS000499
2.
3.
4.
R
11
7.
8
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.
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 143-2153, 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.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to precli
the permittee from any responsibilities, liabilities,
be subject to under NCGS 143-215.75 et seq. or SC
Property Rightsr:
Fes.... .
istrtution of any legal action or relieve
ties to which the permittee is or may
I of the Federal Act, 33 USC 1321.
The issuance of this permit doest—not conveyany 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, r ffkany infringement of federal, state or local laws or regulations.
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this pen -nit 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.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
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.
Part V Page 2 of 6
0 0 PERMIT NO. NCS000499
9.
10.
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.
Permit Actions
This permit may be modified, revoked and reissued, or tert'wnatedrfor cause. The notification of
]armed changes or anticipated noncom liance does not ra an"a'"pernvt condition.
P g P P� �. Y __ Y p, ,_..,.�..,
Part V Page 3 of 6
•
PAT NO. NCS000499
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
2.
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.
Need to Halt or Reduce not a Defense
V
It shall not be a defense for a permittee in an enforcementiactionkthat it would have been
necessary to halt or reduce the permitted activity in order to maintaimccoompiiance with the
condition of this permit. K14F NEV
Part V Page 4 of 6
0
0 PERMIT NO, NCS000499
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points estabi shed in this permit shall
not be changed without notification to and approval of thc'Direct6r.,
2. Flow Measurements
Where required, appropriate flow measurement devicesrandmethods consistent with accepted
scientific practices shall be selected and used to ensurethc accuracy and reliability of
measurements of the volume of monitored discharpes.1 y'�"
3. Test Procedures
Test procedures for the analysis of,pollutantis`shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. segNt e rWa era d Air Quality Reporting Acts, and to
regulations published pursuant to�Sect ori,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 monitoringrequired by this permit, all test procedures must produce
minimum detection and reportin'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;
(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.
Part V Page 5 of 6
•
P NO. NCS000499
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 143-215.6B or in Section 309 of the Federal Act.
Part V Page 6 of 6
•
0 PERMIT NO. NCS000499
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, Subehapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of 1
•
0 PERMIT NO. NCSOOOXXX
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 .0l 05(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of l
•
0 PERMIT NO. NCS000499
2.
3
4
A
7
PART VIII DEFINITIONS
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution enteri
be structural or non-structural and may take the form of a process,
planning (see non-structural BMP). /,6 lvkk
Built -upon Area
That portion of a development project that is covered
surface including, but not limited to, buildings; paver
lots, and paths; and recreation facilities such as tennis
a wooden slatted deck, the water area of a swimming
paving material to the extent that the paving� matenal
through the paving material. . ,, � , '"=-,a
Clean Water Act
The Federal Water Pollution
amended, 33 USC 1251, et.
surface waters. BMPs can
vity, physical structure or
npeLr�vious or partially impervious
and gravel areas such as roads, parking
i• . Ii Built -upon area" does not include
or pervious or partially pervious
rbs water or allows water to infiltrate
known as the Clean Water Act (CWA), as
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.
Department
Department means the North Carolina Department of Environment and Natural Resources
Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
Part V1II Page 1 of 4
•
PET NO. NCS000499
10
11
12.
13
Director
The Director of the Division of Water Quality, the permit issuing authority.
EMC
The North Carolina Environmental Management Commission.
Grab. SaMple -
An individual sample collected instantaneously. Grab s n ples�tliff will be
qualitatively monitored must be taken within the first 30 minutes oftdischa:
Hazardous Substance
Any substance designated in 40 CFR Part 116
Illicit Discharge .
Any discharge to a MS4 that is r
to an NPDES permit (other than
and discharges resulting from fii
Industrial Activity
For the purposes of this
in 40 CFR 122.26.
analyzed or
311 of the Clean Water Act.
�e1y of stormwater except discharges pursuant
permit), allowable non-stormwater discharges,
es.
1 activities shall mean all industrial activities as defined
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
Part V1II Page 2 of 4
9 0 PERMIT NO. NCS000499
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 charge and only need to be
01 I'V4v. % ff
addressed where they are identified as significant sources of pollutaiits,to waters of the United
States). �w
16. Non-structural BMP
Non-structural BMPs are preventive actions thatAvol;MUJa an Bement and source controls such
'e &V �)--
as: (1) Policies and ordinances that provide requirements+and standards to direct growth to
identified areas, protect sensitive areas such as wetTandsfand riparian areas, maintain and/or
increase open space, provide buffers,alongisensitive4ater bodies, minimize impervious surfaces,
and/or minimize disturbance of oils;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 abouk minimizing water
quality impacts; (4) other measures such asminimizingthe percentage of impervious area after
development, use of measures �o minimize directly connected impervious areas, and source
control measures often thought} s good housekeeping, preventive maintenance and spill
prevention.
17. Outfall
. l
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 pen -nit.
19. Point Source Discharge oof 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.
Part VII1 Page 3 of 4
•
PAT NO. NCS000499
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 pollutants sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the•stepsne essary to reduce pollutant
ZF
loads in a certain body of water to restore and maintain water li y standards in all seasons.
The Clean Water Act, Section 303, establishes the wateNquality stand ds and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the,Clean Water Act.
Part VIII Page 4 of 4