Loading...
HomeMy WebLinkAboutNCG140101_COMPLETE FILE - HISTORICAL_20170908STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE 0 Cis O 11'flq D� YYYYMMDD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1124 5174 Attn: Ted Chandler Chandler Concrete Co., Inc. 1006 A Church St. F;. September 1, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1124 5167 Attn: Kenneth Waegerle Chandler Concrete Co., Inc. 1006 A Church St. Burlington, NC 27216 Burlington, NC 27216 SUBJECT: Assessment of Civil Penalties General Permit No. NCG140101 Chandler Concrete Co., Inc. Chandler Concrete — Hwy 105 Watauga County Case No. SP-2017-0005 Dear Mr. Chandler: ROY COOPER Governor NC DepartrnmiC°HAEL S. REGAN Environmental Quality , Secretary Received EP 0 8Oa7 TRACY DAVIS. 5 Director Winston-Salem Regional Office CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1124 5150 Attn: Andy Goodknight Chandler Concrete Co., Inc. 3292 Hwy 105 S Boone, NC 28607 This letter transmits notice of a civil penalty assessed against Chandler Concrete Co., Inc. in the amount of $51,048.00, which includes $1,048.00 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environmental Quality (DEQ) and the Director of the Division of Energy, Mineral and Land Resources (DEMLR). Any continuing violation(s) may be the. subject of a new enforcement action, including an additional penalty. Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition with the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. These options are detailed below: Option 1 — Submit payment of the penal Payment should be made to the order of the Department of Environmental Quality (DEO). Please include the Case No. SP-2017-0005 on your check or money order. Payment of the State of North Carolina I Environmental Quality i Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T I Chandler Concrete Co., Inc. Watauga County Case No. SP-2017-0005 Page 2 of 3 penalty will not foreclose further enforcement action for any continuing or new violation(s). Payment must be sent within 30 calendar days of receipt of this notice to the following: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.) Toby Vinson Toby Vinson DEMLR - Stormwater DEMLR - Stormwater 1612 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1612 Raleigh, NC 27604 Option 2 — File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached "Waiver of R.ieht to an Administrative Hearing and Stipulation of Facts" and the attached "Justification for_ Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this notice. Submit this information to the following: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.) Toby Vinson Toby Vinson DEMLR - Stormwater DEMLR - Stormwater 1612 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1612 Raleigh, NC 27604 Option 3 — File a written petition with the Office of Administrative Hearings_: This decision can be contested as provided in General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30) calendar days of your receipt of this notice. A'petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and Chandler Concrete Co., Inc. Watauga County Case No. SP-2017-0005 Page 3 of 3 one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to the Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality (DEQ) 1601 Mail Service Center Raleigh, NC 27699-1601 The violations addressed by this assessment and any impacts to waters must be abated and properly resolved. You are encouraged to contact Sue White with the DEMLR Winston-Salem Regional Office at 336-776-9661 if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future, continuing, or other violations beyond the scope of this specific assessment. If you have any questions, please see the following website: https:Hdeg,nc.gov/about/divisions/enerev- mineral-land-resources/stormwater or contact Robert Patterson at 919-807-6369 or Toby Vinson at (919) 707-9222, /W.E. , t y Vinson, , PJi EdCP , CPM Division of Energy, Mineral and and Resources ATTACHMENTS cc: Matthew Gantt, PE / Sue White, EI — DEMLR WSRO - File Copy 401 & Buffer Permitting Branch- File Copy JUSTIFICATION FOR REMISSION REQUEST DEMLR Case Number: SP-2017-0005 County: Watauga Assessed Party: Chandler Concrete Co., Inc. Permit No. (if applicable): NCG140101 Amount Assessed: $51,048.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRieht to an Administrative Hearin, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any -previous violations (i.e., explain if previous violations have resulted in you being assessed civil penalties); _ (e) payment of the civil penal , will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA COUNTY OF WATAUGA ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND CHANDLER CONCRETE CO., INC. ) STIPULATION OF FACTS CASE NO. SP-2017-0005 Having been assessed civil penalties totaling $51,048.00 for violation(s) as set forth in the assessment document of the Director of the Division of Energy, Mineral and Land Resources dated September I, 2017, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of the civil penalty assessment, No new evidence in support of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment. This the day of , 20, NAME (printed) SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF } CASE NO. SP-2017-0005 CHANDLER CONCRETE CO., INC. } } FINDINGS AND DECISION FOR VIOLATIONS OF ) AND ASSESSMENT OF NPDES GENERAL PERMIT NCG140000 AND ) CIVIL PENALTIES CERTIFICATE OF COVERAGE NCG140101 ) Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A,1, W. E. Toby Vinson, of the Division of Energy, Mineral and Land Resources (hereby known as DEMLR), make the following: FINDING OF FACT A. Chandler Concrete Co., Inc. is responsible yr Chandler Concrctc, located at 3292 Highway 105 South in Watauga County, North Carolina. B. Chandler Concrete Co., Inc. is a company organized and existing under the laws of the State of North Carolina. C. Chandler Concrete Co., Inc. was originally issued NPDES Stormwater General Permit NCG140000, Certificate of Coverage No. NCG140101, on March 31, 1995 in accordance with G.S. 143-215,1(a) and Title 15A North Carolina. Administrative Code 02H .0126. The current Certificate of Coverage will expire on June 30, 2022. D. On July 11, 2017, DEMLR staff conducted a site inspection as the result of a complaint and observed that there are no records of any qualitative and analytical monitoring of stormwater discharges, nor any analytical monitoring of process wastewater discharges. E. Part IV, Section A of General Permit number NCG140000 states that analytical monitoring of stormwater discharges shall be performed twice per year. F. Part IV, Section C of General Permit number NCG140000 states that qualitative monitoring of stormwater discharges shall be performed twice per year. G. Part IV, Section D of General Permit number NCG 140000 states that analytical monitoring of authorized process wastewater discharges shall be performed four times per year. H. During the July 11, 2017 site visit, DEMLR staff also observed that process wastewater from the truck wash basin had been pumped onto a slope that leads Chandler Concrete Co., Inc. Watauga County Page 2 of 4 directly to the stream referred to as Unnamed Tributary at N.C. Prison Unit # 116, a class C waters of the State within the Watauga River Basin. This section of the receiving stream is immediately upstream of the confluence with Laurel Fork, a class C, Trout waters. I. Part 1I, Section B.2. of General Permit number NCG140000 states that bypass of wastewater from a treatment facility is prohibited. J. On July 14, 2017, DEMLR Winston-Salem Regional Office (WSRO) issued a Notice of Violation and Recommendation for Enforcement (hereby known as NOV). DEMLR records indicate that the NOV was received on July 20, 2017. A follow-up inspection by DEMLR WSRO July 25, 2017 stated the site was in compliance. On August 3, 2017, DEMLR received a written response to the NOV that stated the violations had been addressed at the site. K. The discharge occurred to the stream referred to as Unnamed Tributary at N.C. Prison Unit # 116, a class C waters within the Watauga River Basin. L. The cost to the State of the enforcement procedures in this matter totaled 1 048.00. Based upon the above Finding of Fact, I make the following: IL CONCLUSION OF LAW A. Chandler Concrete Co., Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. The stream referred to as Unnamed Tributary at N.C. Prison Unit # 116 located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Chandler Concrete Co., Inc. violated Part IV, Section A of Stormwater General Permit Number NCG140000 by failing to.perform analytical monitoring of stormwater discharges twice per year. D. Chandler Concrete Co., Inc. violated Part IV, Section C of Stormwater General Permit Number NCG140000 by failing to perform qualitative monitoring of stormwater discharges twice per year. E. Chandler Concrete Co., Inc. violated Part IV, Section D of Stormwater General Permit Number NC6140000 by failing to perform analytical monitoring of authorized process wastewater discharges four times per year. Chandler Concrete Co., Inc. Watauga County Page 3 of 4 F. Chandler Concrete Co., Inc. violated Part II,.Section B.2 of Stotznwater'General Permit Number NCG 140000 by intentionally bypassing wastewater by pumping out of the truck wash basin and dumping it onto the slope that leads directly to waters of the State. G. Chandler Concrete Co., Inc. may be assessed civil penalties in this matter pursuant to NCGS 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for -or to secure a permit required by NCGS 143-215.1, or who violates or fails to act in accordance with the terms; conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part:.,': h- ' H. The State's enforcement cost in this matter may be assessed against Chandler Concrete Co., Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1 (b)(8). W. E. Toby Vinson of the Division of Energy, Mineral and Land Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Energy, Mineral and Land Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Chandler Concrete Co., Inc. is hereby assessed a civil penalty: $ 10f W0 for violations of Part IV, Section A of Stormwater General Permit Number- NCG140000 by failing to perform anal ytical'monitoring of stormwater discharges twice per year. $ 1 D. r�D r for violations of Part IV, Section C of Stormwater General Permit Number NCG140000 by failing to perform qualitative monitoring of stormwater discharges twice per year. d� for violations of Part IV, Section D of Stormwater General Permit Number NCG140000 by failing to perform analytical monitoring of authorized process wastewater discharges four times per year. Chandler Concrete Co., Inc. Watauga County Page 4 of 4 $ {,17_ �LOr for violations of Part II, Section B.2 of Stormwater General Permit Number NCG 140000 by intentionally bypassing wastewater by pumping out of the truck wash basin and dumping it onto the slope that leads directly to waters of the State. $_ 5-D_ 000 � TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $ o4 , Enforcement Cost TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out in G.S. 1.4313-282,1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures q � /2-9 1 --7 Date .'. E. Toby Vinson, PE, CPM Chief, Program Operations Division of Energy, Mineral and Land Res6urces _ IIIC50� 7,� E�/} -a me t c� I L� Environmental Quality `. A' I- Received APR 2 0 2017 C_ Winston-Salem.;`:Y G f.:; a �S�- l STATE of NORTH CAROLINA ��::�.�.-:.Regional Office --•--�--=� DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000402 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, City of Mebane is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Mebane corporate limits Alamance and Orange Counties to receiving waters, MoAdans Creek, Mill Creek, and Haw Creek within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022, Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000402 TABLE OF CONTENTS PART I PERMIT COVERAGE PART H 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: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS u PERMIT NO. NCS000402 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the City of Mebane is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, MoAdans Creek, Mill Creek, and Haw Creek within the Cape Fear 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 Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit including, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMA, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with'all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittee will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000402 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: 1. Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000402 PART 11 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 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: I . The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Storrwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implerricritation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater PIan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Part I1 Page 1 of 15 PERMIT NO. NCS000402 Division will notify the permittee of the need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO. NCS000402 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The 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 a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotlinelhelpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO, NCS000402 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000402 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part II Page 5 of 15 PERMIT NO. NCS000402 :BMP Measurabie.Goals ' - • _� � � ;; . e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part H Page 6 of 15 PERMIT NO. NCS000402 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b), the penmittee may rely on the Orange County Sediment and Erosion Control Program to comply with this minimum measure. The Orange County Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The Orange County Sediment and Erosion Control Program continues to be monitored by the State to ensure the County effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 3. The permittee shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part 1I Page 7 of 15 PERMIT NO. NCS000402 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable. Goals a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part II Page 8 of 15 PERMIT NO. NCS000402 BM_P Measurable. Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section. 1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the tong -term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures meet the permittee's performance standards and are being maintained pursuant to the maintenance agreement, the permittee shall develop and implement a written inspection program for structural stormwater controls installed pursuant to the permittee's post -construction program. The permittee shall document and maintain records of inspections, findings and enforcement actions and make them available for review by the permitting authority. h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers, New materials may be Part H Page 9 of 15 PERMIT NO. NCS000402 BMP Measurable Goals 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. i. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (I July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwatcr control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part II Page 10 of 15 PERMIT NO, NCS000402 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the penmittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. £ Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains. basins and cone antes stems d. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part 11 Page 11 of 15 PERMIT NO. NCS000402 BMP Measurable Goals c. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. f. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management, measures for applicators are followed. g. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. h. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000402 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. 3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. 6. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwatcr Management Plan and annual reports. Part lI Page 13 of 15 PERMIT NO, NCS000402 SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3. Annual Reporting • Paragraph 8. Report Submittals 3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The pennittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV, Paragraph 8.1 In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa.gov/compliance/final-national-pollutant- di scharge-el imination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15" of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000402 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: httr)://deq.nc.gov/about/divisions/water-resources/edmr 6. Records Retention [Supplements Part 1V, Paragraph 1.1 The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Part I1 Page 15 of 15 PERMIT NO. NCS000402 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the pen-hittee's Stormwater Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the pernttee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: 1. The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The perrittee will adequately describd and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. 5. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan, The permittee will provide certification in writing in accordance with Part W, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 1 of 1 PERMIT NO. NCS000402 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planked activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part II1, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section 1, Electronic Reporting [g.s. 143-215.l(b)] of this permit. C. Twenty-four flour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000402 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwatcr Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals I. All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if. a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000402 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122,41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 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 II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000402 2. Duty to Mitigate 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, 143-215.6B, 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 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. 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 persoh under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000402 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 permit 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. 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. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO. NCS000402 SECTION B: OPERATION AND MAINTENANCE of POLLUTION 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 pernttee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a 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. Part V Page 4 of 5 PERMIT NO. NCS000402 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. Inspection and Entry The permittec 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 shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 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 Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO. NCS000402 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. at. Part VI Page 1 of I 1 PERMIT NO. NCS000402 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of I PERMIT NO, NCS000402 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common _Plan _of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIII Page 1 of 5 I PERMIT NO. NCS000402 9. EMC The North Carolina Environmental Management Commission. 10. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall') Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000402 15, Minimum Design Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System(MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Non-stormwater Discharge o The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part VIII Page 3 of 5 PERMIT NO. NCS000402 quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part V III Page 4 of 5 PERMIT NO. NCS000402 26. Stonnwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or " BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program SWMP] The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the pe—, r ittec will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDLI 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 ' NC Department of Environmental ualit :r ` Received R y ..- APR 2 0 2011 4. �:::":��' - '��_�• , STATE of NORTH CAROLINA Winston-Salem Regional Office DEPARTMENT of ENVIRONMENTAL QUALI��'. DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS0004436 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, City of Thomasville is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Thomasville corporate limits Davidson County to receiving waters Hamby Creek, North Hamby Creek, Hanks Branch, Hunts Fork, Jimmys Creek, Kennedy Mill Creek, and unnamed tributaries to them, all within the Yadkin -Pee Dee River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, I1I, IV, V, VI, VII and VIII hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000436 TABLE OF CONTENTS PART I PERMIT COVERAGE PART iI FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS i PERMIT NO. NCS000436 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the City of Thomasville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters Hamby Creek, North Hamby Creek, Hanks Branch, Hunts Fork, Jimmys Creek, Kennedy Mill Creek, and unnamed tributaries to them, all within the Yadkin -Pee Dee River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittec's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit including, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of tbis permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 owned and operated by the permittee. The permit applies to the corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwatcr Plan is to establish the means by which the permittee will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page I of 2 PERMIT NO. NCS000436 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: 1. Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. 3. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. 1. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000436 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 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. 3. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. 5. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be Part II Page 1 of 15 PERMIT NO. NCS000436 consistent with the permit and will establish a deadline to finalize such changes to the program. b. Pursuant to 40 CFR 122,35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO. NCS000436 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The perrittee 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 a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000436 ' SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals - a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000436 SECTION D. ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pu►,ipcd ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 2. BMPs for Illicit Discharge Detection and Elimination The pen-nittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part 11 Page 5 of 15 PERMIT NO. NCS000436 BMP Nleasura6le Goals e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part II Page 6 of 15 PERMIT NO. NCS000436 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The NCGO10000 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 shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 15 PERMIT NO. NCS000436 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The penmittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part 11 Page 9 of 15 PERMIT NO. NCS000436 BMP Measurable Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section .1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the pennittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures meet the permittee's performance standards and are being maintained pursuant to the maintenance agreement, the permittee shall develop and implement a written inspection program for structural stormwater controls installed pursuant to the permittee's post -construction program. The permittee shall document and maintain records of inspections, findings and enforcement actions and make them available for review by the permitting authority. Part II Page 9 of 15 PERMIT NO. NCS000436 BMP_ -Measurable Goals h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for 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. is Enforcement The permittee shall track the issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development a. In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). b. The pernttee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading. reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control Stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part iI Page 10 of 15 PERMIT NO. NCS000436 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. d. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally -owned the stormwater sewer system including catch basins and or maintained catch basins and conveyance systems that it owns and maintains. conveyance systems e. Identify municipally owned or The permittee shall maintain a current inventory of municipally - maintained structural owned or operated structural stormwater controls installed for stormwater controls compliance with the permittee's post -construction ordinance. Part II Page 11 of 15 PERMIT NO. NCSOo6436 BMP Measurable Goals f. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. g. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. h. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. i. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000436 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) l . Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. 3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. 6. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the pemuttee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittce shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part 11 Page 13 of 15 PERMIT NO. NCS000436 SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] 1. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3. Annual Reporting • Paragraph 8. Report Submittals 3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV, Paragraph 8.] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.cpa.gov/comptiince/fiti.ii-national-polititant- di scha rge-eli minat ion-system-npd es -electronic -reporting -rule^ Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15' of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000436 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: l,ttp://deo.. iic. L,ov/about/di visions/Nvater-resources/edmr Records Retention [Supplements Part IV, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 C)~ R 122.41]. Part 11 Page 15 of 15 PERMIT NO. NCS000436 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the Perrnittee's Stormwater Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stonnwater Plan and will include, but is not limited to, the following components: 1. The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. 5. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The pernmittee will provide certification in writing in accordance with Part IV, Paragraph 7 (c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page I of I PERMIT NO. NCS000436 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215. 1 (b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1, Electronic Reporting [g.s. 143-215. 1 (b)] of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part 111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit. C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imrninent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting .In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000436 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000436 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 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 II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000436 2. Duty to Mitigate 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000436 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 $t0,000 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 permtttee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to dischargc 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. Any permtttee 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. Part V Page 3 of 5 PERMIT NO. NCS000436 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a 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. Part V Page 4 of 5 PERMIT NO. NCS000436 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 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; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the pennittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 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 Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO. NCS000436 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000436 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 13A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of 1 PERMIT NO. NCS000436 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environmental Quality. Division (DEMLR} The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIII Page 1 of 5 PERMIT NO. NCS006436 9. EMC The North Carolina Environmental Management Commission. 10. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122,26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or ' `major outfall") Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754), This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000436 15. Minimum Desigp Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (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 17. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part VIH Page 3 of 5 PERMIT NO. NCSOO6436 quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.T 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VIII Page 4 of 5 PERMIT NO. NCS000436 26.' Stormwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SW -MP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the 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 NC Department of r, Environmental quality t Received STATE of NORTH CAROLINA' DEPARTMENT of ENVIRONMENTAL QUALITY `,i,_:. DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000403 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APR 2 0 2017 c! 1 =.:.1« Winston-Salem Regional Office k�?; In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Comrission, and the Federal Water Pollution Control Act, as amended,. Town of Elon is hereby authorized to discharge storinwater from their municipal separate storm sewer system located: within the Town of Eton corporate limits Alamance County to receiving waters, Dry Creek, Gunn Creek, Michael's Branch, Travis Creek within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective February 20, 2017, This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000403 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS u PERMIT NO. NCS000403 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Elon is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Dry Creek, Gunn Creek, Michael's Branch, Travis Creek within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the perr ittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit including, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. 2. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. 7. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittcc will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO, NCS000403 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 permit, authorization, or approval, 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 Iine and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. 9. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000403 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittec will implement, manage and oversee all provisions of its Stormwater 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stonnwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be Part I1 Page 1 of 15 PERMIT NO. NCS000403 consistent with the permit and will establish a deadline to finalize such changes to the program. 6. Pursuant to 40 CFR 122,35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part H Page 2 of 15 PERMIT NO. NCS000403 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 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 a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. c. Informational Web Site The permittee shall promote and maintain, an internet wcb site designed to convey the program's message. £ Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups . Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000403 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000403 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dcchlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. a BMPs Measurable Goals: a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part 11 Page 5 of 15 PERMIT NO. NCS000403 BMP Measurable Goals e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part I1 Page 6 of 15 PERMIT NO. NCS000403 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code, 2. The NCG010000 permit 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 shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 15 PERMIT NO. NCS000403 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittec shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part II Page 8 of 15 PERMIT NO. NCS000403 BMP Measurable Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section .1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemcnted at new development and redeveloped sites, including both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs), plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee completion. The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. Part II Page 9 of 15 PERMIT NO. NCS000403 BMP . �.Measurable.Go'als h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the pernuttee's new development and redevelopment program. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development In order to fulfill the post -construction minimum measure program requirement the pern-duce may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (i July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the pemuttee will fully comply with the requirements of the second party's post -construction programs. C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part II Page 10 of 15 PERMIT NO. NCS000403 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. e. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains, basins and conveyance systems f. ldentify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part 11 Page 11 of 15 PERMIT NO, NCS000403 BMP Measurable Goals d. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permttee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. e. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. f. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. g. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000403 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The pernttee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part 11 Page 13 of 15 PERMIT NO. NCS000403 SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3.. Annual Reporting • Paragraph 8. Report Submittals Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permttee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Electronic Submissions [Supplements Part IV, Paragraph 8.] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa.pov/compliance/titial-national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15' of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000403 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty'(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only pern-littees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deg.nc.gov/about/divisions/water-resources/e(fmr 6. Records Retention [Supplements Part W, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 15 of 15 PERMIT NO. NCS000403 PART I1.I PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the Permittee's Stormwater Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: 1. The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan, 4. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light "of the Stormwater Plan. S. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page I of 1 PERMIT NO. NCS000403 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section 1, Electronic Reporting [g.s. 143-215.1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part II1, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part U Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit through 2020. 4. Posting the results on the pernttee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit. C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000403 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stonnwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals I . All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only iE a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000500 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,300 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 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 II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT No. NCS000500 Duty to Mitigate 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, 143-2I5.6A, 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 imprisonmcnt for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000500 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 permit 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. 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 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. Part V Page 3 of 5 PERMIT NO. NCS000500 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the pemuttee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a 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. Part V Page 4 of 5 PERMIT NO. NCS000500 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. 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 shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 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 Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO, NCS000500 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revolting and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000500 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of I PERMIT NO. NCS000403 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters.. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIE Page 1 of 5 PERMIT NO. NCS000403 9. EMC The North Carolina Environmental Management Commission. 10. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Acti For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall") Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000403 15. Minimum Design Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 0 2 H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part VIII Page 3 of 5 PERMIT NO. NCS000403 quality impacts; (4) other measures such as miniinizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VIII Page 4 of 5 PERMIT NO. NCS000403 26. Stormwater Control Measures S� CM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the perrnittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the 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 R NC Department of Environmental Quality Received -- a APR 2 0 2011 STATE of NORTH CAROLINA V. ..l:j�. Winston-Salem = . DEPARTMENT of ENVIRONMENTAL QUALIT-Y t,~ ...- R DIVISION OF ENERGY, MINERAL, AND LAND RESOURCESe gTonal Qffice PERMIT NO. NCS000408 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, City of Graham is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Graham corporate limits Alamance County to receiving waters, Haw River, Town Branch, County Home Branch, Big Alamance Creek, Back Creek, Little Alamance Creek, Bowden Branch, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000408 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS 11 PERMIT NO. NCS000408 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the City of Graham is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Haw River, Town Branch, County Home Branch, Big Alamance Creels, Back Creek, Little Alamance Creek, Bowden Branch, within the Cape Fear 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 Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five- year term of the stormwater permit including, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater dischargc or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittec will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000408 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commerciaUresidential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. 3. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. 1. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000408 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 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local govcrnment with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater Plan up to date. Where the permittec determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be Part II Page I of 15 PERMIT NO. NCS000408 consistent with the permit and will establish a deadline to finalize such changes to the program. 6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 7. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO. NCS000408 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The 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 a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups . Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach.. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part It Page 3 of 15 PERMIT NO. NCS000408 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permttee shall promote and maintain a hotline/hclpline for the purpose of public involvement and participation. - Part II Page 4 of 15 PERMIT NO, NCS000408 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line bushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part II Page 5 of 15 PERMIT NO. NCS000408 ,... '. BMP= .; -:Measurable Goals e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part II Page 6 of 15 PERMIT NO. NCS000408 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues'to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCGO10000 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 shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part 11 Page 7 of 15 PERMIT NO, NCS000408 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part II Page 8 of 15 PERMIT NO. NCS000408 BMP Measurable Goals ' b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section .1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee completion. The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. Part II Page 9 of 13 PERMIT NO. NCS000408 BMP Measurable. Goals h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for 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. i. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase 11 Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part 1I Page 10 of 15 PERMIT NO. NCS000408 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS t. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The 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. BNIP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. e. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains. basins and conveyance systems f. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part lI Page 11 of 15 PERMIT NO. NCS000408 BMP _ Measurable Goals ` g. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. h. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. i. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12-of 15 PERMIT NO. NCS000408 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. 3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the pernuttee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part II Page 13 of 15 PERMIT NO. NCS000408 SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then perm ittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3. Annual Reporting • Paragraph 8. Report Submittals Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part W, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part rV, Paragraph 8.] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa.gov/compliance/t'itial-national-pollutant- discharge-elitiiination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15' of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part 11 Page 14 of 15 PERMIT NO. NCS000408 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: llttp_//deg.nc.gov/about/division>/water r.,tiources/edmr 6. Records Retention [Supplements Part IV, Paragraph 1.1 The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 15 of 15 PERMIT NO. NCS000408 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: 1. The permittce will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. 5. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 1 of 1 PERMIT NO. NCS000408 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee wilt submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part lI Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part III, paragraph B 1-5, Part N, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215,1(b)] of this permit. C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000408 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. 3. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000408 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations 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 II penalty not to exceed $137,500). Part V Page I of 5 PERMIT NO. NCS000408 2. Duty to Mitigate 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 ct 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. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,.or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000408 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 permit 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 perirdttee shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any 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. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO. NCS000408 SECTION B: OPERATION AND MAINTENANCE of POLLUTION 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, when necessary. 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. Part V Page 4 of 5 PERMIT NO, NCS000408 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. 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; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 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 Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO. NCS000408 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000408 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 1 5A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of I PERMIT NO. NCS000408 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). 3. Built -upon Area "Built -upon area" or'BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways:. • In separate stages • in separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIII Page 1 of 5 PERMIT NO. NCS000408 9. EMC The North Carolina Environmental Management Commission. 10, Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Moor municipal separate storm sewer outfall (or "major outfall") Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public part icipation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000408 15. Minimum Desi r-n Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System MS4 Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribc or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Nan-stormwater Discharge Cate og rie$ The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part V III Page 3 of 5 PERMIT NO. NCS000408 quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas; and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United -States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VIH Page 4 of 5 PERMIT NO. NCS000408 26. Stormwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the storrnwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs inunediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDL} A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the 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 NC Department of Environmental Quality Received . fZ `J- APR 2 0 2017 '` _J' STATE of NORTH CAROLINA r.,... Winston-Salem' �. DEPARTMENT of ENVIRONMENTAL QUALITY`Regional Office h DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES +� PERMIT NO. NCS000405 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 Gibsonville is hereby authorized to discharge stormwater uorn their municipal separate. storm sewer system located: within the Town of Gibsonville corporate limits Atamance and Guilford Counties to receiving waters, Travis Creek, unnamed tributaries to Travis Creek, Back Creek and unnamed tributaries to Back Creek, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, III, IV, V, VI, VII and VIII hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000405 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS 11 PERMIT NO. NCS000405 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Gibsonville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Travis Creek, unnamed tributaries to Travis Creek, Back Creek and unnamed tributaries to Back Creek, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Stormwatcr Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permttee's stormwater management program for the five-year term of the stormwater permit including, for each of the measures identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater PIan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittee will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000405 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: 1. Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. 3. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000405 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 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: 1. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. 5. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be Part II Page 1 of 15 PERMIT NO. NCS000405 consistent with the permit and will establish a deadline to finalize such changes to the program. 6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b: The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and c. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 7. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO, NCS000405 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The 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 a. Goals and Objectives Defined goals'and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The perr,ittcc shall maintain a description of tho target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000405 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO, NCS000405 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape iiripation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable. Goals a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The permittee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part II Page 5 of 15 PERMIT NO. NCS000405 BMP . Measurable Goals e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part 1I Page 6 of 15 PERMIT NO. NCS000405 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 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 ;eater quality. The permittee shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 15 PERMIT NO. NCS000405 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and - d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals , a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part II Page 8 of 15 PERMIT NO. NCS000405 BNIP Measurable Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section . 10 00 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implementor require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee completion. The permittec shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. Part H Page 9 of 15 PERMIT NO. NCS000405 BMP Measurable"Goals h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for 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. i. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development a. In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control Stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part H Page 10 of 15 PERMIT NO. NCS000405 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. f. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains. basins and conve ance systems g. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part II Page 11 of 15 PERMIT NO. NCS000405 BMP `Measurable Goals h. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The pernttee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. i. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. j. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. k. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000405 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. 6. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part II Page 13 of 15 PERMIT NO. NCS000405 ' SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3. Annual Reporting • Paragraph 8. Report Submittals 3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)j Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The pernittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV, Paragraph 8.1 In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of pen -nit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epi.Ly Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15" of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000405 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: iqp://deg.nc.Liov/about/divisions/water-resources/edmr Records Retention [Supplements Part IV, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 15 of 15 PERMIT NO. NCS000405 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: l . The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. .The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part W, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 1 of 1 PERMIT NO. NCS000405 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting per.od, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part 111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section 1, Electronic Reporting [g.s. 143-215.1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BUMS. Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part Ill, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit. C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pem- ittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000405 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000405 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. The pernuttee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500), Pursuant to 40 CFR Part 19 and the Act, penalties for Class H 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 II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000405 2. Duty to Mitigate 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. 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. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000405 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 permit 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. 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. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO. NCS000405 SECTION B; OPERATION AND MAINTENANCE of POLLUTION CONTROLS I. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 5 PERMIT NO. NCS000405 SECTION C: MONITORING AND RECORDS 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; Enter upon the pennittee's premises where a regulated facility or activity is locatdd or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 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 Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO. NCS000405 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000405 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000405 PART VIII DEFINITIONS 1. Act See Clean Water Act, 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Common Plan of Develooment A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: + In separate stages + In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. Department Department means the North Carolina Department of Environmental Quality. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIII Page 1 of 5 PERMIT NO. NCS000405 9. EMC The North Carolina Environmental Management Commission. 10, Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or `major outfall") Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000405 15. Minimum Design Criteria (MDC) "Minimum Design Criteria" or "MDC' means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System MS4 Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or si,nilar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17.. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part VLII Page 3 of 5 PERMIT NO. NCS000405 quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfali Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VIII Page 4 of 5 PERMIT NO. NCS000405 26. Stormwater Control Measures (SCM� "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the pernvttee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutants 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 NC Department of Environmental Quality Received =' APR 2 0 2017 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY` DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000404 TO DISCHARGE STORMWATER UNDER THE Winston-Salem Regional Office 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 Haw River is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Haw River corporate limits Alamance County to receiving waters, Haw River, Boyd's Creek, and MoAdams Creek within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, lI, 1I1, IV, V, VI, VI1 and V11I hereof. This permit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 19, 2022. Signed this day February 20, 2017. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000404 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS e PERMIT NO. NCS000404 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Haw River is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Haw River, Boyd's Creek, and MoAdams Creek within the Cape Fear 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 Stormwater Plan. The Stormwater Plan shall detail the pernittee's stormwater management program for the five-year term of the stormwater permit including, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with pernttee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to establish the means by which the permittee will describe how it is in compliance with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000404 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: 1. Permitted by and in compliance with another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from firefighting activities. I The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000404 PART It 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 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, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as stringent as the annual review described herein. Voluntary assessments may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be doewnented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The pennittee is required to keep the Stormwater Plan up to date. Where the permittee determines or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by be submitted to the Director for approval. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the permittee The online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. Part II Page 1 of 15 PERMIT NO. NCS000404 6. Pursuant to 40 C);R 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implements the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 7. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 15 PERMIT NO. NCS000404 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 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 a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittce shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups . Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000404 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help tine The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000404 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; c. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the effective prohibition against non - storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP `Measurable Goals: a. Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination Detection and Elimination Program, including provisions for program assessment and Program evaluation and integrating program. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanisms that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. Implement a program to detect dry The pernttee shall maintain a program for conducting dry weather flows weather flow field observations in accordance with written procedures. Part II Page 5 of 15 PERMIT NO. NCS000404 BMP ,' Measurable.Goals ' . e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. Track and document investigations For each case the permittee shall track and document 1) the illicit discharges date(s) the illicit discharge was observed; 2) the results of the investigation; 3) any follow-up of the investigation; and 4) the date the investigation was closed. g. Provide Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection. h. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. i. Provide a public reporting The permittee shall promote, publicize, and facilitate a mechanism reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. j. Enforcement of the IDDE The permittee shall implement a mechanism to track the ordinance issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part II Page 6 of 15 PERMIT NO. NCS000404 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCGO10000 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. 3. The permittee shall 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 North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 15 PERMIT NO. NCS000404 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term operation and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part II Page 8 of 15 PERMIT NO. NCS000404 BMP Measurable Goals" b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for the MS4, include, but are not limited (SCMs) appropriate for the MS4 to compliance with 15A NCAC 02H Section. 1000 effectively meets the Post -construction Stormwater Runoff control requirements. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance. d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the pemuttee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The pertrt ttee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The operation and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before is a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee completion. The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. Part II Page 9 of 15 PERMIT NO. NCS000404 h. Educational materials and training for developers The permittee shall make available through paper or electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for 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. i. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (I July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs. c. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must use stormwater control measures (SCMs) that reduce nutrient loading in order to meet local program requirements, while still incorporating the Stormwater controls required for the project's density level. Documentation shall be provided where it is not feasible to use stormwater control measures (SCMs) that reduce nutrient loading. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. d. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part II Page 10 of 15 PERMIT NO. NCS000404 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. f. Operation and Maintenance The permittee shall maintain and implement an O&M program for (O&M) for municipally - the stormwater sewer system including catch basins and owned or maintained catch conveyance systems that it owns and maintains. basins and conveyance systems d. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part II Page 1 I of 15 PERMIT NO. NCS000404 BMP Measurable Goals e. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittce shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. f. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. g. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. h. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000404 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part II Page 13 of 15 PERMIT NO. NCS000404 SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph 1. Records • Paragraph 3. Annual Reporting • Paragraph 8. Report Submittals 3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)] Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV, Paragraph 8.] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa.gov/compliance/final-national-pollutant- discharge-elimination-system-npdes-electronic-reportin -rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than the 15't' of the month following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 14 of 15 PERMIT NO. NCS000404 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittce re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: littp://deg.nc.gov/about/divisions/water-resources/edmr 6. Records Retention [Supplements Part W, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41 ]. Part II Page 15 of 15 PERMIT NO. NCS00404 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the Permittee's Stormwatcr Plan. A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: 1. The permittee will give a detailed description of the status of implementation of the Stormwatcr Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. 4. The pennittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. 5. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page I of 1 PERMIT NO. NCS000404 PART 1V REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis. The annual report shall document: a. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. b. A description of the effectiveness of each program component C. Planned activities and changes for the next reporting period, for each program component or activity. d. Fiscal analysis. 2. Reports submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215,1(b)] of this permit 3. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit through 2020. 2. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self -assessment, satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)] of this permit. C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed Part IV Page 1 of 2 PERMIT NO. NCS000404 necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the pemuttee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: a. The authorization is made in writing by a principal executive officer or ranking elected official; b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and C. The written authorization is submitted to the Director. 3. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000404 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to S25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 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 II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000404 2. Duty to Mitigate 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000404 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 permit 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. 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. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO, NCS000404 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permitter 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. Part V Page 4 of 5 PERMIT NO. NCS000404 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. 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 shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terns of this permit shall be available for public inspection at the offices of the Division of Energy, Mineral, and Land Resources. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO, NCS000404 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000404 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO, NCS000404 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Watcr Act (CWA), as amended, 33 USC 1251, et. seq. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VM Page I of 5 PERMIT NO. NCS000404 EMC The North Carolina Environmental Management Commission. 10. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer 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 are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall") Major municipal separate storm sewer outfall (or 'major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the cquivalent),.an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 5 PERMIT NO. NCS000404 15. Minimum Desian Criteria DC "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post - construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1. 16. Municipal Separate Storm Sewer System (MS4} Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, guttcrs, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 'of the Cleats Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water Part V1II Page 3 of 5 PERMIT NO. NCS000404 quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" has the same meaning as in G.S. 143-214.7. 23, Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 25. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part VIII Page 4 of 5 PERMIT NO. NCS000404 26. Stormwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or'BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase 11 regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the perrnittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the 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 Compliance Inspection Report Permit: NCG140101 Effective: 07/01/16 Expiration: 06/30/i7' owner: Chandler Concrete Co., Inc. SOC: Effective: Expiration: Facility: Chandler Concrete Co., Inc. (3292 Hwy 105 S) County: Watauga 3292 Hwy 105 S Region: Winston-Salem • Boone NC 28607 Contact Person: Kenneth E Waegerle Title: Phone: 336-226-1181 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 07/25/2017 Primary Inspector: Glen White Secondary Inspector(s): Certification: Phone: EntryTime: 10:OOAM Exit Time: 11:45AM Phone: 336-776-9800 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete StormwaterlWastewater Discharge COC Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit. NCG140101 Owner- Facility: Chandler Concrete Co., Inc. Inspection Date: 07/25/2017 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On 7/19/2017 Glen White of NCDEQ - DEMLR, met with Ken Waegerle, Jerry Houch, Donnie Brady and Andrew Goodnight wo conduct a multimedia inspection in regard to the facilities air quality and stormwater permits. This was an announced inspection, A previous inspection was conducted on 7/11/2017 as part of an investigation following a complaint that was recieved regarding possible discharges at facilities in the area. All facilities in the immediate area, that have stormwater permits, were visited on that day. Inspection was unannounced. On that day, an illicit wastewater discharge was discovered. No wastewater monitoring was being conducted. The issue appears to have been resolved. Mr. Waegerle has delegated one person to begin quarterly monitoring for process wastewater in accordance with the permit. Process wastewater requires more monitoring for additional parameters above those of stormwater. Parameters to be monitored quarterly are: pH, TSS, SS, TPH, volume of discharge. Since discharge is to trout waters, TSS limit is 10 mg/L. Future site visits will verify compliance. Page: 2 permit: NCG140101 Owner - Facility: Chandler Concrete Co., Inc. Inspection Date: 07125/2017 Inspection Type: Compliance Evaluation Reason for VisIt: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? i ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ® ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ E ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? E ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 0 ❑ ❑ ❑ # Does the Plan include a BMP summary? E ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® ❑ ❑ ❑ # Does the facility provide and document Employee Training? ® ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # is the Plan reviewed and updated annually? ! ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment: On Julv 14. 2017 this facility was issued an NOV for deficiencies discovered durina an investigation that was conducted following a stormwater complaint. Mr. Wae erle appears to be addressing those issues. SPPP appears to comply. Qualitative Monitorinq Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Issue resolved. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: The 7/11/2017 NOV was issued for failure to provide analytical monitoring for wastewater discharges.Mr. Waegerle said that this facility will now designate personnel to conduct monitoring on a quarterly basis, as the permit requires. The basin had been pumped down on the date of inspection. _ If process water is to be discharged, quarterly wastewater monitorin_cL must be takinq place. Appears issue may be resolved. Will verify on future date. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ® ❑ ❑ ❑ # Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑ ❑ Page: 3 v permit: NCG140101 Owner - Facility: Chandler Concrete Co., Inc. Inspection Date: 07/2512017 Inspection Type : Compliance Evaluation Reason for Visit: Routine Comment: Facility has one outfall and discharges process water at one location through a hose attached to amp in the upper basin chamber. The water in that chamber appeared settled out with a light film on the top_ Did not appear that it would be an issue to discharge but again, analytical monitoring for wastewater component must be done_quarterly to be compliant. Include all effluent arameters for process wastewater. Appears Mr. Waegerle has developed a plan to make sure monitoring is performed as required, Page: 4 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 7, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary CERTIFIED MAIL #7008 3230 0000 9861 6962 CERTIFIED MAIL #7008 3230 0000 9861 6955 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Attn: Ted Chandler Chandler Concrete Co, Inc. 1006 A. Church Street Burlington, NC 27216 Attn. Kenneth E. Waegerle Chandler Concrete Co, Inc. 1006 A. Church Street Burlington, NC 27216 Subject: NOTICE OF DISCREPANCIES NOD-2016-PC-0237 Permit No. NCG 140442 Chandler Concrete Mebane Plant #610 Alamance County Dear Mr. Chandler: On June 6, 2016 Glen White and Sue White of the North Carolina Department of Environmental Quality conducted a compliance inspection at the facility located on Governor Ralph Scott Parkway in the city of Mebane in Alamance County, as required by your industrial stormwater permit. This facility is covered under General Permit No. NCG 140442 which allows the discharge of stormwater point source discharges associated with activities classified as Ready Mixed Concrete and like Activities to the surface waters of North Carolina Accordingly, the following observations and violations were noted during the DEMLR (Division of Energy, Minerals, & Land Resources) inspection and subsequent file review: 1. Stormwater Pollution Prevention Plan (SPPP): The General Permit NCG 140000, Part III requires the permittee to develop and implement a SPPP that includes all of the information required in No. 1 thru 10 of Section M. Inspection revealed that this facility has not developed and maintained Stormwater Pollution Prevention Plan in accordance with permit requirements. 2. Qualitative Monitoring): General Permit NCG 140000, Part IV Section C requires the facility to conduct qualitative monitoring twice per year following the established guidelines. The permit for this facility was issued on December l7"', 2016. To be in compliance with the Qualitative Monitoring requirements of this permit, this monitoring must be performed after a significant rain event, prior to June 30, 2016. Monitoring must be completed twice annually and records must be kept with the SPPP for a minimum of five (5) years. 3. Analytical Monitoring): General Permit NCG 140000, Part IV Section A requires the facility to conduct analytical monitoring twice annually at each of the facilities stormwater outfalls. The current permit only V-k-T-C�- 4 requires sampling for TSS (Total Suspended Solids) and pH semi-annually. To be in compliance with the Analytical Monitoring requirements of this permit, this monitoring must be performed after a significant rain event, prior to June 30, 2016. Monitoring must be completed twice annually and records must be kept with the SPPP for a minimum of five (5) years. Required Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should outline how the violations will be addressed and should be sent to this office at the letterhead address and include the following: Develop a Stormwater Pollution Prevention Plan (SPPP) to include all information required per NCG 140000 Part III, No. I thru 10. (site overview, location map, narrative description, site plan, record of spills and leaks, secondary containment record, BMP summary, spill prevention & response, preventative maintenance & good housekeeping, facility inspection records, employee training records, responsible party contact information, SPPP annual update and amendment records. 2. Perform Qualitative Monitoring prior to June 30, 2016 and twice annually after that. Keep records in the SPPP binder. 3. Perform Analytical Monitoring per permit requirements defined in Part IV, Section A. prior to June 30, 2016 and semi-annually after that. Keep records in SPPP and maintain for five (5) year minimum. Please direct any questions regarding this inspection report to Sue White at (336) 776-9661. Enclosures: Inspection Report CC' DEMLR - WSRO Sincerely, Matthew E. Gantt, P.E. Regional Engineer Land Quality Section Winston-Salem Regional Office North Carolina Department of Environmental Quality Pat McCrory Governor October 26, 2015 Ted Greene Chandler Concrete Co. 3292 Hwy 105 S Boone, NC 28607 Subject: Compliance Evaluation Inspection NPDES General Stormwater Permit NCG140000 Certificate of Coverage NCG140101 Chandler Concrete - Boone Watauga County Dear Mr. Greene: Donald R. van der Vaart Secreta ry Glen White and Sue White of the Winston-Salem Regional Office of the NC Division of Energy, Mineral, and Land Resources (DEMLR) conducted a compliance evaluation inspection at the subject facility on October 22, 2015. Your assistance was greatly appreciated. An inspection checklist is attached foryour records and the inspection findings are summarized below. 1. Permit This facility holds a General Storm water Permit for establishments classified as primarily engaged in Ready Mix Concrete and like activities under the National Pollutant Discharge Elimination System (NPDES), The permit became effective July 1, 2011 and expires June 30, 2016. Your permit renewal package must be received in the Central Office in Raleigh no later than 180 days prior to the expiration date of the permit. 2. Records/Reports Part II, Section A of the permit requires the development of a Stormwater Pollution Prevention Plan (SPPP). The plan must include all nine (9) subsections of Part II, Section A of the permit. An updated copy of the SPPP was available for review at the time of inspection. Qualitative monitoring is required to be completed and documented twice yearly as defined in Part ll, Section C of the permit. The SPPP plan must be updated annually and qualitative monitoring must be conducted and properly documented semi-annually to retain compliance with the permit. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:/Iportal.ncdenr.org/wed An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper 3. Facility Site Review This facility manufactures ready mix concrete for residential, commercial and industrial applications. The inspectors met with Mr. Ted Greene of the facility and reviewed the Stormwater Pollution Prevention Plan and observed the condition of the site and outfali. The site was clean and in operation at the time of inspection. 4. Effluent/Receiving Waters Stormwater from this facility discharges into Laurel Fork Creek a part of the Watauga River Basin. 5. Self -Monitoring Program Analytical Monitoring: This site is required to provide analytical monitoring under current operating procedures. Monitoring records were available for review at time of inspection. It appears that benchmarks have not been exceeded. 6._Qualitative Monitoring: All qualitative records do not need to be submitted to DEMLR, however, the records must be kept on file at the facility for a period of five years. This site is required to complete qualitative monitoring twice annua4ly. Monitoring records were available for review and are current through 2015. If you have any questions concerning this letter or the attached inspection report, please contact Glen White at (336) 776-9660. Sincerely, Matthew E. Gantt, P.E. Regional Engineer Land Quality Section Attachments: 1. BIMS Inspection Checklist CC: Division of Land Quality — WSRO Compliance Inspection Report Permit: NCG140101 Effective: 07l01111 Expiration: 06/30/16 Owner: Chandler Concrete Co., Inc. SOC: Effective: Expiration: Facility: Chandler Concrete Co., Inc. county: Watauga 3292 Hwy 105 S Region: V'Anston-Salem Buono NC 28607 Contact Person: Randy Carroll Title: Phone: 336-226-1181 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10/22/2015 Primary Inspector: Glen White Secondary Inspector(s): Certification: Phone: EntryTime: 10:50AM Exit Time: 11:45AM Phone: 336-776-9800 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete StormwaterNvastewater Discharge COC Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCG140101 Owner - Facility: Chandler Concrete Co., Inc. Inspection Date: 1012212015 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 t permit NCG140101 Owner - Facility: Chandler Concrete Co., Inc. Inspection Date: 10/22/2015 Inspection Type: Compliance Evaivation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ® ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ® ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ® ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ® ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ® ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ® ❑ ❑ ❑ # Does the Plan include a BMP summary? ® ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ®❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® ❑ ❑ ❑ # Does the facility provide and document Employee Training? ® ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ® ❑ ❑ ❑ # is the Plan reviewed and updated annually? ® ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ®❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ® ❑ ❑ ❑ Comment: SP3 plan includes all required sections and is updated annually, Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ® ❑ ❑ ❑ Comment: Monitoring has been conducted sem-annual) .Need to make sure documentation is provided even in drought conditions. A record needs to show_ monitoring or reason it was not completed during a 6-month period. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ®Ell] # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Provide analytical monitoring at next rainfall event. Documentation shows complete records_ from 2004 thru 2013. Inspector will stop by when back in Watauga to review results and yerify compliance. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ® ❑ ❑ ❑ # Were all outfalls observed during the inspection? ® ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ® ❑ ❑ ❑ Comment: Site outfall is at Chain link fence near corner of drive. Page: 3 NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 4, 2011 Mr. James Woody Environmental Manager Chandler Concrete Co., Inc. PO Box 131 Boone, NC 28607 RECEIVED AN.C-'D� Fdt of EHR AUG 19 2pil I Winslor�-Salem i Regional pfrce Natural Resources Dee Freeman Secretary - Subject: NPDES General Permit NCG 140000 Certificate of Coverage NCG 140101 Chandler Concrete Co., Inc. Formerly Chandler Concrete Watauga County Dear Mr. Woody: On June 24, 2011, Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in fuii effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. cc: DWQ Central Files Asheville Regional Office Stormwater Permitting Unit 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 Intemet: www.ncwaterquality.org Sincerely, ORIGINAL SIGNED Bl KEN PICKLE for Coleen H. Sullins t"*,,. „gar^;- +.�n;�.,�,+e�y,•o,.F,e$..IY,•� Vf D E G 1 �i AUG 1 6 2011 r WATi~R QUAt_1TY SECTION AS�dCVii._ �r,C'OivAl_ OFFICE 5 One_._.A_...._.W........� a: bm6fthCaroliff Naturally An Equal Opportunity 1 Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140101 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promul4gated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Chandler Concrete Co., Inc. is hereby authorized to discharge stormwater from a facility located at Chandler Concrete Co., Inc. 3292 Hwy 105 South Boone Watauga County to receiving waters designated as Laurel York Creek in the Watauga River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V and VI of General Permit No. NCG 140000 as attached. This certificate of coverage shall become effective August 4, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 4, 2011. ORIGINAL SIGNED Bl KEN PICKLE for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No.2040-0057 Approval expires B-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type 1 INI 2 1 s l 3I NCG 140101 11 12 05/10/12 17 18 I C I 191 s I 20 I I U U !—! Remarks 21111111111111 11111111111111J1.1111 11111111 11111Li6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ----------- —-------------- Reserved ----------- ----------- 67 I 169 70 (4 71 I ty I 72 ) N ( 73 � 74 75 1-1 80 t_! Section 13: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 05/10/12 04/08/01 Chandler Concrete Co., Inc. Exit Time/Date Permit Expiration Date 3292 Hwy 105 S Boone NC 28607 11:00 AM 05/10/12 09/07/31 Name(s) of Onsite Reoresentative(s)/Titles(s)1Phone and Fax Number(s) Other Facility Data /it Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ted Greene,805 State Farm Rd Ste 203 Boone NC 28607/1828-964-303218283261561 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program Pollution Prevention Facility Site Review Storm Water Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Sue White WSRO WQ11336-771-50001 Signature of Management Q A Reviewer AgencylOffice/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yrlmolday Inspection Type 3I NCG1401.01 It1 121 05/10/12 117 18:1 ' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCG140101 Owner -Facility: Chandler Concrete Co., Inc. Inspection Date: 10/12/2005 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00013 Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE 1s the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 3