HomeMy WebLinkAboutNCS000515_FINAL PERMIT_20121119STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
�j O(SOesIS
DOC TYPE
INAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ �9-O La t L -L cj
YYYYMMDD
YV
,;Mj®
MCDE IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
November 19, 2012
Town of China Grove
Ken Deal, Town Manager
308 East Centerview Street
China Grove, North Carolina 28023
Subject: NPDES Permit Number NCS000515
Dear Mr. Deal:
Dee Freeman
Secretary
I]IVIa-. ION r r 4 •,, Es? QUALITY
NOV 2 6 2012
In accordance with your application for a stormwater discharge permit received on April 23,
2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated May 9,
1994 (or as subsequently amended).
If any parts 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 150E of the North Carolina
General Statutes, and Fled 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.
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 919-807-6374 or mike.randall@ncdenr.gov.
Sincerely,
'-22�) A2,,el
for Charles Wakild, P. E.
cc: Mike Mitchell, EPA Region IV
Stormwater and General Permit Unit Files
DWQ Mooresville Regional Office
1NeVarids and ;torn w iter branch
16171,�ail Service Center, RalF,gh, Norii Cbeo1o,-3 27590-161;'
(vcatb^: S17 N.'�aliabu,), �i Ralrgh, N,i:1i CarrAOP, ?: ;14
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AL OFFICE
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wp,, (h,uortu;11,y1 Aff! Au,,.' E _. •oJ,..
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000515
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 China Grove
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of China Grove's jurisdictional area
to receiving waters of the State within the Yadkin -Pee Dee River Basin in accordance with the discharge
limitations; monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, VI, VII and
V I I I hereof.
This permit shall become effective December 1, 2012.
This permit and the authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day, November 15, 2012.
for Charles Wakild, P. E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
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H DE 19
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 30, 2011
Town Manager
Town of China Grove
205 Swink Street
China Grove, North Carolina 28029
Subject: Notice of Violation
NPDES Phase 11 Permit NCS000515
Dee Freeman
Secretary
RECEIVED
DIVISION OP WATER QUALITY
JAll 3 1:012
SVVP SECTION
MOORESVILLE REGIONAL OFFICE
The Town of China Grove's Phase II Stormwater Discharge Permit, NCS000515, expires May
31, 2012. The Town must submit a permit renewal application 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 China Grove 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:
httl2://12ortal.ncdenr.org/web/wq/ws/stdl)hase2
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, 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, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807.63001 FAX 919-807-64941 Customer Service: 1-877-623-6748
Internet: www ncwaterquality.org
An Equal Opportunily 1 Affirmative Action Employer
Nne
orthCarolxna
Naturally
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.randall&ncdenr.gov.
Sincerely,
Mike Randall
Division of Water Quality
Stormwater Permitting Unit
cc: Central piles
Stormwater Permitting Unit Files
DWQ Mooresville Regional Office
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North Carolina Department of Environment and Natural Resources
{61VW1La.•- n _ -
Division of Water Quality F
Michael F. Easley, Governor
May 21, 2007
Rory Kent Mishak
Town Manager
Town of China Grove
205 Swink Street
China Grove, North Carolina 28029
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
MAY 2 ;. 2607
RATER QUAD d it SEC 1 IO
Subject: NPDES Permit Number NCS000515
/0UA'-' (:::'o
Dear Mr. Mishak ;
In accordance with your application for a stormwater discharge permit, we are forwarding
herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the
US Environmental Protection agency dated May 9, 1994 (or as subsequently amended).
If any parts or requirements contained in this permit are unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be -in the form of a written petition, 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.
This pennit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
I can assure you that we have made every effort to fully partner with the appropriate members of
your Department during the development of this permit. if you have any questions concerning this
permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545.
cc: Central Files
Stormwater and General Permit Unit Files
DWt2 Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX: 919-733-24961Internet: h2o.enr,state.nc.us
An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper
Sincerely,
r
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Alan W. Klimek, P.E.
One
NorthCarofina
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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT' NO. NCS000515
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLL U'rAN7' 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 China Grove
is hereby authorized to discharge stormwater from their municipal separate stone sewer system located:
within the Town of China Grove Jurisdictional Area
Rowan County
to receiving waters of the State, within the Yadkin -Pee Dee River Basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, 1II, 1V, V, VI, VII and
VIII hereof.
This permit shall become effective June 1, 2007.
This permit and the authorization to discharge shall expire at midnight on May 31, 2012.
Signed this day May 21, 2007.
Alan W. Klimek, .E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000515
TABLE OF CONTENTS
PART I PEIWII' 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
SECTION H: WATER QUALITY RECOVERY PROGRAMS
SECTION I: THREATENED OR ENDANGERED SPECIES
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 VI ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
n
PERMIT NO. NCS00051 S
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
Town of China Grove is authorized to discharge stornwater from the municipal separate storm
sewer system (MS4) to receiving waters of the State within the Yadkin -Pee Dee River Basin,
Such discharge will be controlled, limited and monitored in accordance with the permittee's
Stormwater Quality Management Program, herein referred to as the Stonnwater Plan. The
Stormwater Plan must detail the permittec's stormwater management program for the five-year
term of the stormwater permit including, for each of the measure identified in the permit, a
narrative description of the program, a table that identifies each best management practice (BM11)
used, the frequency of the BMP, the measurable goals for each BMP, the implementation
schedule, funding and the responsible person or position for implementation.
2. All discharges authorized herein shall be managed in accordance with the teens 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 pennittee 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 stonnwater from the MS4 that are
under the pennittee's authority to control as described in the Division approved Stormwater Plan.
The permit also applies to 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.
The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the penmittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
All provisions contained and referenced in the Stonnwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
7. To the extent allowable under State and local law, the permittee will develop and implement its
approved Stonnwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act,
provisions outlined by the Director, and the provisions of this permit. The specific requirements
of section 402(p)(3)(B) of the Clean Water Act require that the City, to the extent allowable
under State or local law, effectively prohibit non-stormwater discharges to the City's MS4 and
that controls and management measures are implemented by the City to reduce the discharge of
pollutants from the municipal storm sewer system to the maximum extent practical.
The permit requires the development and proper implementation of the Stonnwater flan. The
purpose of the Stormwater Plan is to establish the means by which the permittce will achieve
compliance with the provisions of the Clean Water Act and state law. Compliance with the six
minimum measures in 40 CI:R § 122.34(b) and the additional provisions of Session Law 2006-
246 constitute compliance with the requirements of this permit, the Clean Water Act and Session
Law 2006-246 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
Part I Page I of 2
PERMIT NO. NCS000515
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.
9. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the pennittee 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 (commerciallresident ia1);
• irrigation waters (does.not include reclaimed water as described in 15A NCAC 2I-I
.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
PERMIT NO, NCS000515
PARTII FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwatcr Plan to control to the
maximum extent practical the discharge of pollutants from 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, annual review by the Division to determine
implementation status and progression toward meeting the pollutant control intent of the Stormwater
Plan. This includes, but is not limited to, the following areas:
The Pennittee will develop and implement a Water Quality Assessment and Monitoring Plan.
2. The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan. With
the exception of limitations established by acts of the General Assembly and the Constitution of
North Carolina 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. Status of legal authority development will be
provided to the Division upon request, but at a minimum on an annual basis. If major
modifications are proposed in the time line for development of these authorities, the Division
will be notified of the reasons and justifications for these changes. The Division may comment
on these modifications as deemed necessary to assure appropriate implementation of the
Stormwater Plan.
The Permittee will continue to locate and identify sources of stormwater discharges identified as
an illicit discharge under the IDDE Program.
The implementation of programs to detect and remove sources of illicit connections to the
municipal storm sewer system, These programs will include. adopting ordinances under the
permittee's authority needed for inspection and enforcement.
The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, spills and illegal dumping into the MS4.
6. The Permittee will implement provisions of the Stonnwater Plan to monitor and assess the
performance and effectiveness of program components. Monitoring results will be used by the
Permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. Results of the monitoring progrars will be submitted to the Division
Monitoring programs in the context of this permit are not limited only to conventional
monitoring in the form of sampling and analysis activities. Assessment of program
implementation established by the Stormwater Plan are also a part of this process. Sampling
activities are required as part of the monitoring process in accordance with the provisions
outlined in the Pennittee's Stormwater Plan.
7. The implementation of education, training and outreach programs designed to reach the
Pernittee's community and which explain the various impacts of stormwater runoff and how it
can affect surface water quality. These programs will address ways of removing potential
pollutants by emphasizing local involvement in recycling programs; proper disposal of hazardous
Page 1 of 16
PERMIT NO. NCS000515
materials and used motor oil; the proper use of herbicides, pesticides and fertilizers; and noticing
and reporting areas of potential pollution problems.
To the extent authorized by law, the permittce will implement a program to reduce pollution
from construction site runoff through site planning, education, training and inspection and
enforcement mechanisms.
9. To the extent authorized by law, the permittee will implement a post -construction site runoff
control program in accordance with the provisions of this permit to regulate new development
and redevelopment by requiring 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.
10. 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.
11. The pernuttee will implement inspection and monitoring programs for stormwater structures,
industrial activities and other areas of the stormwater system. These programs will include
provisions to assure compliance through enforcement capabilities.
12. Proposed modifications the Stormwater Plan must be submitted to the Director for approval,
13. The Division will review reports submitted by the Permittee to assure that the Stormwater Plan is
developed and implemented appropriately to address the components outlined. The Division
may require modifications to any part of the City's Stormwater Plan where deficiencies are
found.
Page 2 of 16
PERMIT NO. NCS000515
SEC'I'ION 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 stonnwatcr pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Education and
Outreach Program and shall notify the Division prior to modification of any goals.
BMP .
Measurable Goals
YR'
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(a) Identify target pollutants
Identify the target pollutant and target pollutant
X
and target pollutant
sources the permittee's public education
sources
program is designed to address and why they
are an issue.
(b) Identify target audiences
Identify the target audiences likely to have
X
significant storm water impacts and why they
were selected.
(c) Informational Web Site
Promote and maintain internet web site.
X
Examples include, but are not limited to: Post
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(d) Develop and distribute
Develop general stormwater educational
X
public education
material to appropriate target groups as likely
materials to identified
to have a significant stormwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
pennittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses.
available, when implementing its own
program.
(e) Media Campaign
Document campaign reach and frequency to
X
public for each broadcast media like radio and
TV, (including those elements implemented
locally or through a cooperative agreement).
Page 3 of 16
PERMIT NO. NCS000515
BMP
i Measurable Goals
YR�
p
'YR
2
YR
3
YR
4
YR
5
(f) Establish Hotline/1-Iclp
Maintain a stormwater hotline/helpline.
X
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following (but not
permit issue date.
limited to):
• News releases, newspaper articles
and/or paid advertising. (i.e., inserts)
• Kiosks and signage
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
• Public meetings
• Community events
• Contest
• Storm drain marking
• Stream and Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class room outreach
• Distributing promotional giveaways and
specialty items
• Brochures, displays, signs, welcome
packets, and pamphlets
• Local cable access
• Newsletters
For each media, event or activity, including
those elements, implemented locally or
through a cooperative agreement measure and
record the extent of exposure.
Page 4 of 16
PERMIT N0, NCS000515
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups, to
participate in program development and implementation.
(b). Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the Division prior to modification of any goals.
BMP;" ; z` :a
`�°°t ' Measurablc,Goals "'
YR
:YR
Yltr
YR.,
tiYR;
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(a) Administer a Public
Develop and implement a Public Involvement
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (c) below.
(b) Allow the public an
Conduct at least one public meeting to allow
X
opportunity to review and
the public an opportunity to review and
comment on the
comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
community involvement
storinwater related program, locally or
program
through a cooperative agreement, to promote
ongoing citizen participation. Examples
include, sponsoring and participating in Big
Sweep, Forming partnerships with local
businesses, Adopt a stream, Adopt a street,
promoting volunteer presentations, Creek
crawls, storm drain stenciling, and poster
contest
(d) Establish a Mechanism
Established mechanism for public
X
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the stonnwater
program.
(e) Establish Hotline/Help
Maintain a storinwater hotline/helpline.
X
line
Page 5 of 16
PERMIT NO. NCS000515
SECTION D: ILL'ICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including preventable spills and illegal dumping
to the Permittee's MS4.
(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 map showing the permittee's major MS4 outfalls to state 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 the extent authorized by law, to meet the
objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division
prior to modification of any goals.
SM i, B1VII' E g, _�
f r ,Measurable Goals ;
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(a) Develop/Implement Illicit
Develop and implement an IDDE Program
X
Discharge Detection and
including provisions for program assessment
Elimination (IDDE)
and evaluation.
Program
(b) Establish and maintain
Establish and maintain adequate ordinances
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved IDDE
Program.
(c) Develop a Storm Sewer
Map identifying major outfalls and
X
System Base Map and
stormwater drainage system components. At
Inventory of Major
a minimum, components include major
Outfall.
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update map of drainage system.
Page 6 of 16
PERMIT NO. NCS000515
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(d) Maintain an inventory
Maintain an inventory major outfalls that
X
major outfalls that
discharges to waters of the State. For each
discharges to waters of
major outfall identify the following:
the State
• location,
• reference number,
• size and type of structure,
• apparent condition of structure
• dry -weather flow, and
• Either the SIC code or a description
which best reflects the principal
products or services provided by each
commercial or industrial facility with
an industrial activity permitted to
discharge storm water to the permittee's
MS4 or those commercial or industrial
facility identified identified as an illicit
discharge under the IDDE Program.
For the purposes of this pennit, industrial
activities shall mean all permitted industrial
activities as defined in 40 CFR 122,26.
(d) Inspection/detection
Establish written procedures for detecting and
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the.sources or reporting the sources
outfalls
to the State to be properly permitted.
(e) Employee Training
Conduct training for appropriate municipal
X
staff on detecting and reporting illicit
discharges.
(f) Provide Public Education
Inform public employees, businesses, and the
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize reporting mechanism
X
reporting mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(h) Established procedures to
Establish procedures to identify and report to
X
identify and eliminate
the County health department failed septic
failed septic system and
systems located within the permittee's
sanitary sewer overflows,
planning jurisdiction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
Page 7 of 16
PERMIT NO. NCS000515
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.
BMPs for Construction Site Runoff Controls
(a) The permittee relies on the Rowan County Sediment and Erosion Control Program to
comply with this minimum measure. The Rowan County Sediment and Erosion Control
Program effectively meets the requirements of the 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. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate
erosion and sediment control practices, review of site plans which incorporates
consideration of potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(b) 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.
(c) The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Page 8 of 16
PERMIT NO, NCS000515
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stonnwater runoff from new development 1 redevelopment that drains to the
MS4 and disturbs an acre or more of land surface, including projects less than an acre
that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BM Ps for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -Construction
Stormwater Management Program. .
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(a) Post -Construction
Develop and adopt by ordinance (or similar
X
Stormwater Management
regulatory mechanism) a program to address
Program
stonnwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date.
(b) Strategies which include
Developed strategies that include a
X
BMPs appropriate for the
combination of structural and/or non-
MS4
structural BMPs implemented in concurrence
with (a) above. 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
Coordinate with County health department to
X
under the post-
control the known sources of fecal coliform to
construction minimum
the maximum extent practicable. Implement
measures to control the
within 24 months of the pen -nit issue date.
sources of fecal coliform
to the maximum extent
practicable
(d) Deed Restrictions and
Impose or require recorded deed restrictions
X
Protective Covenants
and protective covenants that ensure
development activities will maintain the
project consistent with approved plans.
Page 9 of 16
PERMIT NO. NCS000515
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(e) Operation and
Implement or require an operation and
X
Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural BMPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program.
(f) Setbacks for Built -upon
Require built -upon areas to be located at least
X
Areas
30 feet landward of all perennial and
intermittent surface waters except as provided
for in the Permittee's approved Post -
Construction Stormwater Ordinance. For
purposes of this section, a surface 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 scale (7.5 minute)
quadrangle topographic maps prepared by the
United States Geologic Survey (USGS).
Relief from this requirement may be allowed
when surface waters are not present in
accordance with the provisions of 15A NCAC
02B .0233(3)(a).
(g) Educational materials. and
Provide educational materials and training for
X
training for developers
developers. New materials may be developed
by the permittee, or the permittee may use
materials adopted from other programs and
adapted to the permittee's new development
and redevelopment program.
3. The evaluation of Post -construction Stormwater Management Program measures
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-1) — 15A NCAC 213.0212.
(2) Water Supply Watershed 11(WS-II) — 15A NCAC 213.0214.
(3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215.
(4) Water Supply Watershed IV (WS-IV) — 15A NCAC 213.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 2B.0235.
Page 10 of 16
PERMIT NO. NCS000515
(8) The Tar -Pamlico River Basin Nutrient Sensitive4NSW) Management Strategy —
15A NCAC 2B.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 2B.0251.
(b) Model Practices., For those projects that are not subject to the post -construction
stormwater management provisions of another existing state stormwater management
program, the permittee's Post -construction Stonnwater 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;
(13) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent
development activities maintain the development (or redevelopment)
consistent with the approved plans.
(E) A project with an overall density at or below the low -density
thresholds, but containing areas with a density greater than the overall
project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
(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) High -density projects must use structural stonnwater management
systems that will control and treat runoff from the first one -inch of rain.
(B) Runoff volume drawdown time must be a minimum of 48 hours, but not
more than 120 hours;
(C) 13igh-density projects must discharge the storage volume at a rate equal
to or less than the predevelopment discharge rate for the one-year,
24-hour storm.
Page 11 of 16
PERMIT NO. NCS000515
(D) All structural stormwater treatment systems must be designed to achieve
85% average annual removal of total suspended solids;
(D) For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
.(E) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in 15A
NCAC 2H .1008(c) or a locally approved stormwater management
manual;
(F) All built -upon areas are at least '30 feet landward of perennial and
intermittent surface waters; and
(G) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent development
activities maintain the development (or redevelopment) consistent with
the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement comprehensive
watershed protection plans that may be used to meet part, or all, of the requirements for
post -construction 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.
(e) For new development and redevelopment projects to be built within the permittee's
planning jurisdiction by entities with err►i.nent domain authority, the permittee shall, to
the maximum extent practicable, coordinate the approval of the post -construction site
runoff control with the Division of Water Quality of DENR.
Page 12 of 16
PERMIT N0, NCS000515
SECTION G: POLLUTION PREVENTION AND GOOD IIOUSEKEEPING FOR MUNICIPAL
OPERATIONS
Objective for Pollution Prevention.and Good Ilousekeeping 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.
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(a)- Develop an operation and
Develop an operation and maintenance
X
maintenance program
program for structural stormwater BMPs ,
.storm sewer system maintenance which may
include street sweeping and municipal
operations such as recycling and household
hazardous waste and oil collection.
(b) Develop Site Pollution -
Develop and implement Site Pollution
X
Prevention Plan for
Prevention Plan for Municipal Facilities
Municipal Facilities
owned and operated by the permittee with the
potential for generating polluted stormwater
runoff that has the ultimate goal of preventing
or reducing pollutant runoff.
(c) Inspection and evaluation
Maintain an inventory of facilities and
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff, including the
BMPs.
MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the,
permittee for potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, implement appropriate controls, and
documcnt the accomplishment of corrective .
actions.
(d) Conduct staff training
Conduct staff training specific for pollution
X
prevention and good housekeeping
procedures.
Page 13 of 16
PERMIT NO. NCS000515
Measurable Goalsr h s
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(e) of municipality
Conduct annual review of the industrial
X
X
X
owned or operated
activities with a Phase I NPDES stormwater
regulated industrial
permit owned and operated by the pennittee.
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.
(f) Spill Response
Establish spill response procedures for
X
Procedures
municipal operations owned and operated by
the permittee with the potential to generate
polluted stormwater runoff.
(g) Prevent or Minimize
Describe measures that prevent or minimize
X
Contamination of
contamination of the stormwater runoff from
Stormwater Runoff from
all areas used for vehicle and equipment
all areas used for Vehicle
cleaning. Perform all cleaning operations
and Equipment Cleaning
indoors, cover the cleaning operations, ensure
washwater drain to the sanitary sewer system,
collect stormwater runoff from the cleaning
area and providing treatment or recycling, or
other equivalent measures. If sanitary sewer is
not available to the facility and cleaning
operations take place outdoors, the cleaning
operations shall take place on grassed or
graveled areas to prevent point source
discharges of the washwater into the storm
drains or surface waters.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess ponded
water shall be removed and properly handled
prior to removing the drain cover.
The point source discharge of vehicle and
equipment wash waters, including tank
cleaning operations, are not authorized by this
permit and must be covered under a separate
NPDES permit or discharged to a sanitary
sewer in accordance with applicable
industrial'pretreatment requirements.
Page 14 of 16
PERMIT NO. NCS000515
SECTION H: WATER QUALITY RECOVERY PROGRAAIS
1. Objective of a Water Quality Recovery'Program
Reduce levels of the pollutant of concern in accordance with approved Total Maximum
Daily Loads (TMDLs).
2. Requirements for a Water Quality Recovery Program
(a). Within 24 months of the effective date of this permit or- of becoming subject to an
approved TMDL, the pennittee shall establish a Water Quality Recovery Program,
identify the locations of currently known major 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 and develop a schedule to discover and locate
other major 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 36 months of the effective date of this permit or of becoming subject to an
approved 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 pennittee 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 currently known major MS4 outfalls with the
potential of discharging the pollutant(s),of concern, the schedule for discovering and
locating currently unknown major MS4 outfalls with the potential of discharging the
pollutant(s) of concern, and the monitoring plan, in the first annual report due no earlier
than 12 months after the applicability of a TMDL. .
(d) The next and each subsequent 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
address the MS4 NPDES regulated Waste Load Allocation (WLA) identified in the
TMDL. The permittee shall implement appropriate BMPs to control the MS4 NPDES
WLA portion of the pollutant load for 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 and monitoring plan, the permittee shall incorporate any necessary
changes into the program and/or monitoring plan. The permittee shall incorporate the
approved TMDL Water Quality Recovery Program into the Stormwater Plan.
Page 15 of 16
PERMIT NO. NCS000515
SECTION 1: THREATENED OR ENDANGERED SPECIES
Certain waters provide critical habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries
Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the water quality conditions, required to
sustain and recover federally listed threatened and endangered aquatic animal species,
contributes to the support and maintenance of a balanced and indigenous community of aquatic
organisms and thereby protects the biological integrity of the waters.
2. The permittee shall incorporate in their Stormwater Management Plan site -specific stormwater
management requirements for streams supporting federally -listed threatened and endangered
aquatic animal species required by site -specific management plans and schedules developed
under provisions of 15A NCAC 213 .0110.
Page 16 of 16
PERMIT NO. NCS000515
PART m PROGRAM ASSESSMENT
The Pennittee's reporting and monitoring activities in support of this permit will be sufficient to indicate
progress in implementation, effectiveness and results of the Stormwater Plan and individual components
of the program. The Division may request additional reporting and monitoring information as necessary
to assess the progress and results of the Permittee's Stormwater Plan.
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, monitoring and sampling, implementation of BMPs, enforcement actions,
and other stormwater activities. Documentation will be kept on -file by the pennittee 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 updated as necessary, but at least on an
annual basis. The pennittee will submit a report of this evaluation and monitoring information to
the Division on an annual basis. This information will be submitted by August I of each year
and cover the previous year's activities from June 1 through May 31. The permittee's reporting
and monitoring program 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 permitter 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 permitter 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.
(c) 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 pennittee 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 stone sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part III Page 1 of 2
PERMIT NO. NCS000515
(g) The Permittee will provide information concerning areas of water quality improvement
or degradation. Dependiing on the level of implementation of the Stormwater Program,
this information may be submitted based on pilot studies, individual projects or on a
watershed or subwatershed basis.
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 2
to the Director that the changes have been made. Nothing in this paragraph shall be construed to
limit the Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the progress
and results of the permittee's Stormwater Plan.
Part III Page 2 of 2
PERMIT NO. NCS000515
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. 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.
2. Recording Results
For each measurement, sample, inspection or activity performed or taken pursuant to the
requirements of this permit, the permittee shall record the following information, including but
not limited to:
(a) The date, location, description, and time of the sampling, measurements, inspection or
activity;
(b) The individual(s) who performed the sampling, measurements, inspection or activity;
(c) The date(s) analyses were performed (if performed);
(d) The individual(s) who performed the analyses (if performed);
(c) The analytical techniques or methods used (if perfontted); and
(f) The results of such analyses (if performed).
3. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ.
4. 'Twenty-four Hour Reporting
The pennittee 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, 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 plamied to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
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.
6. 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.
Part IV Page 1 of 2
PERMIT No. NCS000515
7. Planned Changes
a) The pennittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity that may result in noncompliance with the permit
requirements.
b) The pennittee shall give advance notice to the Director of any planned modifications to
the Stormwater Plan. Notice of any changes is required at least through the annual
report. Notice shall be given as soon as possible when deleting a provision of the
approved Stormwater Plan; or the modification could significantly change the timeframe
for implementation of parts of the program or negatively influence the effectiveness of
the approved program.
8. Report Submittals
(a) All reports required herein, not submitted electronically 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, 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:
(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 1V Page 2 of 2
PERMIT NO. NCS000515
PART V . STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit to the extent authorized by law.
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 pennit 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 terins, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class 1I penalty not to exceed $137,500).
Part V Page 1 of 6
PERMIT NO. NCS000515
2. Duty to Mitigarte
The permittee 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 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.
Furthermore, the permittee 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 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.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
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.
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PERMIT NO. NCS000515
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 permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any pen -nit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit (date), Any permitte 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 ISO days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 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.
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PERMIT NO. NCS000515
SECTION B: OPERATION AND MAINTENANCE of'POLLUI'ION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or similar
systems that are installed by a permittee 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 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.
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PERMIT NO. NCS000515
SECTION C: MONITORING AND RECORDS'
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken at the monitoring points specified in
the Slormwater Plan or suitable representative sites and, unless otherwise specified, before the
discharge joins or is diluted by any waste stream, body of water, or substance, The Director may
request information justifying changes to sampling locations and sampling methods. At a
minimum, information on such changes shall be reported in the permittee's annual report. The
Director may require that certain changes in the sampling program be submitted for approval
prior to implementation of the changes.
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 CPR 136.
To meet the intent of the monitoring required by this permit, all test.procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The pennittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a 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 tithes, any records of the permittee that must be
kept under the conditions of this penhit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the perm_ ittee regulated or required under this
permit; and
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PERMIT NO. NCS000515
(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 permittee.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall.
be available for public inspection at the offices of the Division of Water Quality. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Act.
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PERMIT NO. NCS000515
PART VI LIMITATIONS REOPEN.ER
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 21-1 .0100; and North Carolina General Statute 143-215.1 et. al.
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PERmn' NO. NCS000515
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
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
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PEIWIT NO. NCS000515
PART VIII DEFINITIONS
Act
See Clean Water Act,
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). .
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. Calculation of Means
(a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
(b) Geometric Mean: The geometric mean of any set of values is the Nth root of the product
of the individual values where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of
the individual values. For purposes of calculating the geometric mean, values of zero (0)
shall be considered to be one (1).
(c) Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
5. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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PERMIT NO. NCS000515
6. 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
• I.n 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.
7. Department
Department means the North Carolina Department of Environment and Natural Resources
8. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
1 1. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES pen -nit (other than the NPDES MS4 pennit), allowable non-stonnwater discharges,
and discharges resulting from fire -fighting activities.
12. Industrial Activitv
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
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PERMIT NO. NCS000515
13. Large or Medium Municipal Separate Storm Sewer System
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 ale designated by the Director as part of the large or medium separate stone
sewer system.
14. 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).
15. Municipal Separate Storm Sewer. Sim (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stor, nwater, 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 stonnwater;
(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
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PERMIT NO. NCS000515
lb. 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).
17. 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.
18. 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.
19. Permittee
The owner or operator issued this pern-ut.
20. 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.
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PERMIT NO. NCS000515
21. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stormwater control than the previous development.
22. Rej2resentative 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.
23. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stonnwater 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.
24. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stonnwater 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. .
25. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
26. 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.
Part VIII Page 5 of 5