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Home My WebLink AboutNCS000412_NOV-2019-PC-0758_20191218ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Bessemer City Attention: James Inman, City Manager 132 West Virginia Avenue Bessemer City, North Carolina 28016 NORTH CAROLINA Environmental Quality December 16, 2019 70161370 0000 2591 9540 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0758) City of Bessemer City NPDES MS4 Permit No. NCS000412 Gaston County Dear Mr. Inman: On September 18, 2019, staff from the North Carolina Department of Environmental Quality (DEQ) conducted a compliance audit of the City of Bessemer City National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your reference, a copy of the MS4 Program Audit Report issued by DEQ is enclosed with this notice. This report lists and describes the serious deficiencies with certain components of the MS4 permit, which constitutes a violation of the Clean Water Act and is grounds for enforcement action. In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be issued in response to the audit. To address the MS4 permit deficiencies, the City of Bessemer City is required to complete the following actions: (1) Respond in writing within thirty (30) calendar days from the date of receipt of this notice to acknowledge these requirements and the intent to comply. (2) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of this notice. The resolution must declare support for a compliant stormwater management program. A sample council resolution with the minimum requirements is enclosed with this letter. An original signed document must be submitted to DEQ. V North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources e��—QE�� Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 4M9U rvonrn ciw= ..W /"� 704.663.1699 Notice of Violation City of Bessemer City December 16, 2019 Page 2 of 3 (3) Submit documentation for review and comment within one hundred twenty (120) calendar days from the date of receipt of this letter: a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the permit conditions found in Part II 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; Section H: Total Maximum Daily Loads. The self -audit must be documented utilizing the DEQ standard MS4 Permit Compliance Audit Report Template. b. Develop a Draft Stormwater Management Plan (SWMP) which details specific actions, measurable goals, and implementation timelines to bring the stormwater management program into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP Template. The SWMP must address all known compliance deficiencies including, at a minimum, the items detailed in the DEQ MS4 Program Audit Report and the City of Bessemer City self -audit. (4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ concurrence that the submitted Draft SWMP documents a compliant stormwater management program. A new 5-year NPDES MS4 permit will be public noticed along with the submitted SWMP. (5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ approval and final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of the NPDES MS4 permit. Required documentation shall be submitted via e-mail to Zahid.Khanka)ncdenr.;ov, or to: DEQ-DEMLR Stormwater Program Attn: Zahid Khan, Regional Engineer 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 If the City of Bessemer City fails to meet the aforementioned requirements and/or submits a significantly noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit: 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 [North Carolina General Statute 143-215.6A]. Please note that compliance with the requirements of this NOD and/or issuance of civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Notice of Violation City of Bessemer City December 16, 2019 Page 3 of 3 Thank you for your attention to this matter. Should you have any questions, please contact Zahid Khan at (704) 235-2145 or Zahid.Khan @ncdenr.gov_. Sincerely, Zahid Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Enclosures: DEQ MS4 Program Audit Report (September 18, 2019, City of Bessemer City) Copy of NPDES MS4 Permit No. NCS000412 Sample Council Resolution em: Zahid Khan, Stormwater Program Administrator Jeanette Powell, DEMLR MS4 Program Coordinator Alaina Morman, DEMLR Stormwater Compliance & Enforcement DEMLR NPDES MS4 Permit Laserfiche File MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000412 City of Bessemer City, NORTH CAROLINA 132 W. Virginia Avenue Bessemer City, NC 28016 Audit Date: September 18, 2019 Report Date: DATE North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Storrnwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 (This page intentionally left blank) Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 TABLE OF CONTENTS AuditDetails............................................................................................................... Permittee Information............................................................................................... SupportingDocuments............................................................................................... Program Implementation, Documentation & Assessment ........................................ Public Education and Outreach.................................................................................. Public Involvement and Participation........................................................................ Illicit Discharge Detection and Elimination (IDDE)..................................................... Construction Site Runoff Controls.............................................................................. Post -Construction Site Runoff Controls..................................................................... Pollution Prevention and Good Housekeeping for Municipal Operations ................. Site Visit Evaluation: Municipal Facility No. 1............................................................ Site Visit Evaluation: Municipal Facility No. 2............................................................ Site Visit Evaluation: MS4 Outfall No. 1..................................................................... Site Visit Evaluation: MS4 Outfall No. 2..................................................................... Site Visit Evaluation: Construction Site No. 1............................................................. Site Visit Evaluation: Construction Site No. 2............................................................. Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 ........... Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 ........... Appendix A: Supporting Documents Appendix B: Photograph Log ...................................1 ...................................2 ...................................3 ...................................4 ...................................7 .................................10 .................................12 .................................15 .................................18 .................................24 .................................27 .................................29 .................................31 .................................33 .................................35 .................................37 .................................39 .................................41 DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 This page intentionally left blank Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Audit ID Number: Audit Date(s): NCS000412_City of Bessemer City MS4 Audit_20190919 September 18, 2019 Minimum Control Measures Evaluated: ® Program Implementation, Documentation & Assessment ® Public Education & Outreach ® Public Involvement & Participation ® Illicit Discharge Detection & Elimination ❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program ® Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program ® Post -Construction Site Runoff Controls ® Pollution Prevention and Good Housekeeping for Municipal Operations ❑ Total Maximum Daily Loads (TMDLs) Field Site Visits: ® Municipal Facilities. Number visited: 2 ® MS4 Outfalls. Number visited: 2 ® Construction Sites. Number visited: 2 ® Post -Construction Stormwater Runoff Controls. Number visited: 2 ❑ Other: Number visited: Choose an item. ❑ Other: Number visited: Choose an item. James Moore, Assistant Regional Engineer I NC DEQ Land Quality Lily Kay, Environmental Specialist I NC DEQ Land Quality Audit Report Author: Date: Signature Audit Repo tthor:I , Date Signature Audit Date: September 18, 2019 Page 1 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Co-permittee(s), if applicable: Permit Owner of Record: James Inman, City Manager Greg Thompson, Stormwater Administrator City of Bessemer City Jamie Ramsey, Public Works Director City of Bessemer City Joseph Alm, Stormwater Administrator Gaston County Natural Resources Department Brian Newman, PE McGill & Associates — Consulting Stormwater Engineer John Boerger, Stormwater Inspector Gaston County Natural Resources Department UT to Abernathy Creek I C I Not listed Long Creek and UTs I WS II; HQW, CA I Fish Community (Nar, Al, and FW) UT to Crowders Creek I C I Fecal Coliform Audit Date: September 18, 2019 Page 2 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 1 Watershed agreement with County During 2 Erosion and sediment control agreement with county During 3 Phase II stormwater agreement with county During 4 Draft Stormwater Management Plan Prior 5 Environmental Education Program brochure During 6 August 2019 Utility Newsletter During 7 October 2019 Utility Newsletter During 8 Stormwater Ordinance for Gaston County During 9 Soil Erosion and Sedimentation Control Ordinance for Gaston County During 10 Bessemer City Phase II Stormwater Projects map During 11 Gaston County Storm Water Inspection During Audit Date: September 18, 2019 Page 3 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Greg Thompson, Stormwater Administrator, Brian Newman, PE with McGill & Associates — Consulting Stormwater Engineer The permittee maintained adequate funding and staffing to implement and manage Yes --- the provisions of the Stormwater Plan and meet all requirements of the permit. The Stormwater Plan identifies a specific position(s) responsible forthe overall No --- coordination, implementation, and revision to the Plan. Responsibilities for all components of the Stormwater Plan are documented and No --- position(s) assignments provided. The permittee is current on payment of invoiced administering and compliance No --- monitoring fees (see stormwater e-payments on DEMLR MS4 web page). Comments: Employees are not paid for with storm water fees. The fee mostly funds projects and programs. The program is funded by general funds that pay for employees' and consultants'salaries. Brian Newman in coordination with Greg Thompson are the responsible parties. Page 11 in the Draft September 2019 Storm water Management Plan includes information on funding and budgets. The permittee does not currently have an approved Stormwater Management Plan. The permittee evaluated the performance and effectiveness of the program No --- components at least annually. If yes, the permittee used the results of the evaluation to modify the program Not components as necessary to accomplish the intent of the Stormwater Program. Applicable Did the permitted MS4 discharges cause or contribute to non -attainment of an No --- applicable water quality standard? If yes, did the permittee expand or better tailor its BMPs accordingly to address Not the non -attainment? Applicable - Comments The City has not conducted an annual review. The permittee kept the Stormwater Plan up to date. No --- The permittee notified DEMLR of any updates to the Stormwater Plan. No --- Page 4 of 44 Audit Date: September 18, 2019 Audit Date: September 18, 2019 Page 5 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 OW I The permittee submitted subsequent annual reports every twelve months from the No --- scheduled date of the first annual report submittal. The Annual Reports included appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan, including, but not limited the following: 1. A detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation No --- of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. An adequate description and justification of 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 No --- Plan (results, effectiveness, implementation schedule, etc.). 3. Documentation of any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater No --- Plan. 4. 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 No --- Stormwater Plan. S. An assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement No --- actions. Comments: The City has not prepared or submitted an annual report. The Annual Reports document the following: 1. A summary of past year activities, including where applicable, specific No --- quantities achieved and summaries of enforcement actions. 2. A description of the effectiveness of each program component. No --- 3. Planned activities and changes for the next reporting period, for each No --- program component or activity. 4. Fiscal analysis. No --- Comments: Audit Date: September 18, 2019 Page 6 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Greg Thompson, Stormwater Administrator, Brian Newman, PE with McGill & Associates — Consulting Stormwater Engineer Regional Stormwater Partnership Gaston County Educator The permittee defined goals and objectives of the Local Public Education and Yes 4 Outreach Program based on community wide issues. Comments: The Regional Stormwater Partnership is contracted for public education and outreach and the Gaston County educator teaches stormwater education in the public schools. The goals and objectives are defined in the draft SWMP and the RSP Annual Report. The permittee maintained a description of the target pollutants and/or stressors and No --- likely sources. Comments: The permittee identified, assessed annually and updated the description of the target No audiences likely to have significant storm water impacts and why they were selected. Comments: No documentation Audit Date: September 18, 2019 Page 7 of 44 Audit Date: September 18, 2019 Page 9 of 44 Audit Date: September 18, 2019 Page 10 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Audit Date: September 18, 2019 Page 11 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Greg Thompson, Stormwater Administrator, Brian Newman, PE with McGill & Associates — Consulting Stormwater Engineer NMI The permittee maintained a written IDDE Program. No --- If yes, the written program includes provisions for program assessment and Not evaluation and integrating program. Applicable Comments: The City does not have a written IDDE Program. maintained an IDDE ordinance or other regulatory mechanism(s) thatNo es the legal authority to prohibit illicit connections and discharges to the MS4. MUThevpermittee --- yes, the ordinance applies throughout the corporate limits of the permittee. NotPermit Part I.D] Applicable Comments The permittee maintained a current map showing major outfalls* and receiving streams. No --- Comments *Major outfalls are discharges from > 36" diameter pipes or drainage areas of > 50 acres. In areas zoned for industrial activity, major outfalls are > 12" or drainage area > 2 acres. The permittee maintained a program for conducting dry weather flow field ME in accordance with written procedures. No --- Comments (Generally summarize program, including frequency of observations and # or % of outfalls screened) The permittee maintained written procedures for conducting investigations of ME illicit discharges. No --- Comments: Informal investigations have been initiated with employee education. Page 12 of 44 Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the following: 1. The date(s) the illicit discharge was observed No --- 2. The results of the investigation No --- 3. Any follow-up of the investigation No --- 4. The date the investigation was closed No --- Comments The permittee implemented and documented a training program for appropriate municipal staff who, as part of their normal job responsibilities, may come into No contact with or otherwise observe an illicit discharge or illicit connection. No training program has been documented. The permittee informed public employees of hazards associated with illegal discharges and improper disposal of waste. No --- The permittee informed businesses of hazards associated with illegal discharges and improper disposal of waste. No --- The permittee informed the general public of hazards associated with illegal discharges and improper disposal of waste. No --- Comments (Note how each sector was informed, if applicable) The City has only conducted informal trainings for employees. Audit Date: September 18, 2019 Page 13 of 44 Audit Date: September 18, 2019 Page 14 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Audit Date: September 18, 2019 Page 15 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Comments Gaston County charges $300/acre for erosion and sediment control plans. Has any person initiated a land -disturbing activity (within the permittee's jurisdiction) for which an erosion and sedimentation control plan is required in the Yes --- absence of an approved plan? If yes, the permittee has notified the North Carolina Sedimentation Control Not Commission of all -such cases. Reviewed --- Has the permittee determined that a person engaged in a land -disturbing activity Yes --- has failed to comply with an approved erosion and sedimentation control plan? If yes, has the permittee referred any such matters to the North_Carolina Yes --- Sedimentation Control Commission for inspection and enforcement? Comments The City has a contract with Gaston County Department of Natural Resources. The County has a local environmental advisory review board for oversight on enforcement actions. The permittee reviews each erosion and sedimentation control plan submitted to them and notifies the person submitting the plan that it has been approved, Yes 9 approved with modification, or disapproved within 30 days of receipt. The permittee only approves an erosion and sedimentation control plan upon Yes 9 determining that it complies with all applicable State and local regulations. The permittee has disapproved of an erosion and sedimentation control plan in Yes 9 order to protect riparian buffers along surface waters. If yes, the permittee notified the Director of the Division of Energy, No 9 Mineral, and Land Resources within 10 days of the disapproval. Comments A local program review by NC DEQ staff was conducted on July 11, 2019. The certificate of approval of each erosion and sedimentation control plan Yes 9 approved by the permittee includes a notice of the right to inspect. The permittee provides for inspection of land -disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an Yes 9 erosion and sedimentation control plan are effective. Comments Audit Date: September 18, 2019 Page 16 of 44 Audit Date: September 18, 2019 Page 17 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Joseph Alm, Stormwater Administrator Gaston County Natural Resources Department John Boerger, Stormwater Inspector Gaston County Natural Resources Department Audit Date: September 18, 2019 Page 18 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Implementation (check all that apply): ❑ The permittee implements the components of this minimum measure. ® The permittee relies upon another entity to implement the components of this minimum measure: Gaston County ® The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I (WS-1) —15A NCAC 2B .0212 ® Water Supply Watershed II (WS-II) —15A NCAC 213.0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 213.0215 ❑ Water Supply Watershed IV (WS-IV) —15A NCAC 26 .0216 ❑ Freshwater High Quality Waters (HQW) —15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 2B .0235 ❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-15A NCAC 213.0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B .0251 ❑ Universal Stormwater Management Program —15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ❑ DEQ model ordinance ❑ MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. M DEQ approved comprehensive watershed plan M DEQ approved ordinance for a deemed -compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed -compliant program. Audit Date: September 18, 2019 Page 19 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 The permittee implements deemed -compliant Program requirements in Not accordance with the applicable 15A NCAC rules. Reviewed The permittee implements deemed -compliant Program requirements throughout Not the entire MS4 area (If not also complete the Permit Citation section below.) Reviewed 0 ''E,. The permittee applies deemed -compliant Program requirements to all federal, li';. state and local government projects within the permitted MS4 area who do not Not ?,4 Reviewed have their own NPDES stormwater permit. The permittee included deemed -compliant Program reporting in their MS4 Annual Not Reports. Reviewed Comments The permittee included deemed -compliant Program implementation in their Not Stormwater Management Plan. Reviewed The permittee maintained an ordinance or other regulatory mechanism designed Comments The City has a contract with the Gaston County Department of Natural Resources. The permittee utilizes strategies which include SCMs appropriate for the MS4. I Yes SCMs comply with 15A NCAC 02H .1000. 1 Yes Audit Date: September 18, 2019 Page 20 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 MENEM= Comments MEN= Wet ponds for detention (zoning laws) and water quality in some areas. The permittee conducted site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites Yes --- that disturb less than one acre that are part of a larger common plan of development or sale). If yes, the site plan reviews addressed how the project applicant meets the Yes --- performance standards. If yes, the site plan reviews addressed how the project will ensure long-term Yes --- maintenance. Comments permittee maintained an inventory of projects with post -construction structural stormwater control measures installed and implemented at new Yes --- development and redeveloped sites. INThe The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance Yes --- requirements. Comments The County has an in-house database and a map of Phase II projects. The permittee provided mechanisms such as recorded deed restrictions and protective covenants that ensure development activities will maintain the project M No --- consistent with approved plans. - Comments BMPs are recorded on the deed. The permittee implemented or required an operation and maintenance plan for Yes --- the long-term operation of the SCMs required by the program. The operation and maintenance plan required the owner of each SCM to perform Yes --- and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by a Yes --- qualified professional. Comments The County accepts NC State SCM certified persons as qualified professionals. Page 21 of 44 Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 The permittee conducted and documented inspections of each project site covered under performance standards, at least one time during the permit term (Verify this Yes 11 is a permit condition in Part II.F.2.g of permit and modify accordingly). Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee conducted a post -construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Yes --- completion(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program(Verify this is a permit Yes --- condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes --- The permittee documented and maintained records of enforcement actions. Not Applicable Comments If an annual inspection report is not submitted, county staff conducts the inspection and charges a fee. They also have not had an enforcement case on post construction SCMs. The permittee made available through paper or electronic means, ordinances, post -construction requirements, design standards checklists, and other materials appropriate for developers. IN Yes --- Note: 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. Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using) Annual workshops are conducted to discuss ordinances by the County, and all other materials are maintained on their website. permittee tracked the issuance of notices of violation and enforcement Not actions. Applicable NEIThe If yes, the tracking mechanism included the ability to identify chronic violators Not for initiation of actions to reduce noncompliance. Applicable Comments They stated there had not been any enforcement cases. permittee fully complies with post construction program requirements on its Not METhe own publicly funded construction projects. Applicable Comments: The City does not currently have any post construction devices on City property. When the Public Works facility is completed, the City will be responsible for its device. Page 22 of 44 Audit Date: September 18, 2019 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to 7No--- 15A NCAC 02H .0150? If yes, does the permittee use SCMs that reduce nutrient loading in order to Not meet local program requirements. Applicable If yes, does the permittee also still incorporate the stormwater controls Not required for the project's density level. Applicable If yes, does the permittee also require documentation where it is not feasible to Not use SCMs that reduce nutrient loading. Applicable --- Comments The permittee ensured that the design volumes of SCMs take into account the runoff at build out from all surfaces draining to the system. Yes --- Where "streets" convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including YesMi'l --- streets, driveways, and other impervious surfaces. Comments The County does this for new development, but not existing infrastructure. Audit Date: September 18, 2019 Page 23 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Greg Thompson, Stormwater Administrator, Brian Newman, PE with McGill & Associates — Consulting Stormwater Engineer Jamie Ramsey, Public Works Director City of Bessemer City The permittee maintained a current inventory of facilities and operations owned and operated by the permittee with the potential for generating polluted Yes --- stormwater runoff. Comments The City has 3 facilities including a public works facility, afire department, and a water plant. rmittee maintained and implemented an 0&M program for municipally and operated facilities with the potential for generating polluted No --- water runoff. es, the O&M program specifies the frequency of inspections. I Not -Applicable es, the O&M program specifies the frequency of routine maintenance Notuirements. Applicable es, the permittee evaluated the O&M program annually and updated it as Not essary. Applicable Comments: The City has not developed a SPPP for facilities, but conducts inspections by operator, mechanic, and firemen. No documentation was available for these inspections. BEThe permittee had written spill response procedures for municipal operations. No --- Comments The permittee evaluated existing and new BMPs that reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within its No --- corporate limits annually. For new development, especially municipal facilities. Audit Date: September 18, 2019 Page 24 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 If yes, the permittee evaluated the effectiveness of existing and new BMPs Not based on cost and the estimated quantity of pollutants removed. Applicable Comments The City has only considered BMPs for new development. The permittee maintained and implemented an O&M program for the stormwater sewer system including catch basins and conveyance systems that it owns and No --- maintains. Comments — The City has been operating in a reactive repair mode for its limited stormwater conveyance systems. No The permittee maintained a current inventory of municipally -owned or operated structural stormwater controls installed for compliance with the permittee's post- Yes --- construction ordinance. Comments - Gaston County maintains an inventory of all SCMs in the City The permittee maintained and implemented an C&M program for municipally - owned or maintained structural stormwater controls installed for compliance with Not Applicable the permittee's post -construction ordinance. If yes, then: The O&M program specified the frequency of inspections and routine Not maintenance requirements. Applicable The permittee documented inspections of all municipally -owned or maintained Not structural stormwater controls. Applicable The permittee inspected all municipally -owned or maintained structural Not stormwater controls in accordance with the schedule developed by permittee. Applicable The permittee maintained all municipally -owned or maintained structural Not stormwater controls in accordance with the schedule developed by permittee. Applicable The permittee documented maintenance of all municipally -owned or Not maintained structural stormwater controls. Applicable Comments- None owned, 1 under construction The permittee ensured municipal employees are properly trained in pesticide, herbicide and fertilizer application management. State certification for responsible Yes --- parties. Page 25 of 44 Audit Date: September 18, 2019 Audit Date: September 18, 2019 Page 26 of 44 Audit Date: September 18, 2019 Page 28 of 44 Audit Date: September 18, 2019 Page 30 of 44 Audit Date: September 18, 2019 Page 31 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Audit Date: September 18, 2019 Page 32 of 44 Audit Date: September 18, 2019 Page 33 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 Audit Date: September 18, 2019 Page 34 of 44 Audit Date: September 18, 2019 Page 35 of 44 Audit Date: September 18, 2019 Page 39 of 44 Audit Date: September 18, 2019 Page 40 of 44 Audit Date: September 18, 2019 Page 42 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 APPENDIX A: SUPPORTING DOCUMENTS Audit Date: September 18, 2019 Page 43 of 44 MS4 Permit Audit Report City of Bessemer City, NC: NPDES Permit No. NCS000412 APPENDIX B: PHOTOGRAPH LOG Audit Date: September 18, 2019 Page 44 of 44 Example Council Resolution of Commitmentto Implement Compliant NPDES MS4 Program Resolution No.: Date Adopted: In RESOLUTION AFFIRMING THE COUNCIL'SSUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM A RESOLUTION to develop and implement a compliant stormwater management program that meets the requirements of the National Pollutant Discharge Elimination System(NPDES)Municipal Separate Storm SewerSystem(MS4)PermitnumberNCS to discharge stormwater, inclusiveofthe required Stormwater Management Plan to be prepared by the and approved by the North Carolina Departmentof Environmental Quality. WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater discharges from municipal separate storm sewersystems; and WHEREAS, in North Carolina, NPDESPermitsare issued bythe North Carolina Departmentof Environmental Quality; and WHEREAS, the North Carolina Departmentof Environmental Quality issued the Emits on NPDES MS4 Permit for discharge ofstormwateron ; and WHEREAS, the 11amwas issued Notice of Violation numberNOV- on' for noncompliance with the issued NPDES MS4 Permit; and WHEREAS, the INN= acknowledges the specific Notice of Violation requirementtoobtaina new individual NPDES MS4 Permit; and WHEREAS, the ImmacknowledgesthespecificNoticeofViolationrequirementtoconductaself- audit of permit compliance forthe balance of permit requirements notspecifically audited by the North Carolina Departmentof Environmental Quality, and to develop a draftStormwater Management Plan to comply with Section 402(p)(3)(B)(iii) of the Clean WaterAct, 40 CFR 122.34(b) and N PDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan tothe North Carolina Department ,��;'iI for review and approval; and of Environmental Quality no later than � ! pp , WHEREAS, the 01macknowledges the specific Notice of Violation requirementto adopt a Council Resolution to implement a compliant and enforceable stormwater management program as defined by both the NPDES MS4 Permit number NCSIN and the required new Stormwater Management Plan, and said resolution is to be submitted to the North Carolina Departmentof Environmental Quality no later than ,and WHEREAS, the Emmacknowledges the requirement to provide adequate fundingand staffing to implement a Stormwater Management Program that complies with its N PDES MS4 Permitand approved Stormwater Management Plan; and WHEREAS, the Numacknowledges that North Carolina Departmentof Environmental Quality enforcement action and penalties could resultfrom non-compliance with the specific requirements in Notice of Violation number NOV-; and Example Council Resolution of Commitment to Implement Compliant NPDES MS4 Program WHEREAS, the IN= acknowledges that any North Carolina Departmentof Environmental Quality enforce mentaction and penalties may not prohibit the U.S. Environmental Protection Age ncyfrom taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit. NOW,THEREFORE, BE IT RESOLVED that the Council of the here by affirms its support for develop mentand implementation of a compliant NPDES MS4 StormwaterProgram. Mayor IMTownmanager Stormwater Program Administrator M, Town Clerk ADOPTED BY the City Council of the Now, North Carolina the ____ day of2019 and signed in authentication thereof the .... day of____ _,2019. STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. ffc� Q U Ll 412, DOC TYPE ViFINAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE p YYYYMMDD Energy, Mineral & Land Resources ENVIRONMENTAL OUAL17Y February 27, 2017 James A. Inman, City Manager City of Bessemer City 132 W. Virginia Ave. Bessemer City, NC 28016 Subject: NPDES Permit Number NCS000412 The City of Bessemer City Dear Mr. Inman: ROY COOPER Governor MICHAEL S. REGAN Scrrerary TRACY DAVIS Direrfor RECEIVED FEB 28 2017 CENTRAL FILES DVVR SECTION We are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, confonning to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 - 7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the other State, Federal or Local Agency. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919- 807-6374 or mike.randallnncdenr.gov. Sincerely for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources cc: Mike Mitchell, EPA Region fV Central Files ec: Stormwater Permitting Files DEQ Mooresville Regional Office Attachment Nothing Compares,—, Staate of North Carolina I Environmental Quality I Energy, Mineral and La rid Resources 512 N. Salisbury Street 11bl2Mail Service Center I Raleigh, North Carollna27699.102 919 707 9200 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000412 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 Bessemer City is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Bessemer City corporate limits Gaston County to receiving waters, Abernethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba 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. NCS000412 TABLE OF CONTENTS PART 1 PERMIT COVERAGE PART lI 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 L• ELECTRONIC REPORTING OF REPORTS [G.S.143-215.1(b)] PART Ill 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 Vlil DEFINITIONS 9 PERMIT NO. NCS000412 PART 1 PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the City of Bessemer City is authorized to discharge stormwatcr from the municipal separate storm sewer system (MS4) to receiving waters, Abernethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba 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.pennit covers activities associated with the discharge of stormwater from the MS4 owned and operated by the permittee 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 complianc_e with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000412r 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 (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. 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. NCS000412 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. 2. The pennittee 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 BMI's 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 Stonnwater Plan to be Part 11 Page 1 of 15 PERMIT NO. NCS000412 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 11 Page 2 of 15 PERMIT NO. NCS000412 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 describe, evaluate annually and update the descriptions 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, assess and update as necessary 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 ex sure. Part II Page 3 of 15 PERMIT NO. NCS000412 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. NCS000412 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. 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. NCS0004I2 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 11 Page 6 of 15 PERMIT NO. NCS000412 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS "Pursuant to 40 CFR 122.35(b), the permittee may rely on the Gaston County Sediment and Erosion Control Program to comply with this minimum measure. The Gaston 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 Gaston 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. The NCGO10000 permit, as administered by the State, establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 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, NCS00041 1 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 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. 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 storrnwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as sormwater 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 sormwater discharges to determine whether there is compliance the Post -Construction Stormwater Management Program. Part If Page 8 of 15 PERMIT NO. NCS000412 BMP Measurable Goals b. Strategies which include Strategies which include Stormwater Control Measures Stormwater Control Measures (SCMs) appropriate for theMS4, 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. c. 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 as required 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 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 11 Page 9 of 15 PERMIT NO. NCS00041 2 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 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 parry'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. NCS000412 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 fo,r Municipal Operations The pennittee 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 pennittee 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 0&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 municipal operations. 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 g. Identify structural stormwater The pennittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the pennittee's post -construction ordinance. Part 11 Page 11 of 15 PERMIT NO. NCS0004I i BMP Measurable Goals h. 0&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 all 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. 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 11 Page 12 of 15 l : i�hiTlhli�L��C�I.Y1I1Z1Ziir7 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. 5. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. 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 If Page 13 of 15 PERMIT NO. NCS000412 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 M S4 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. • Paragraph 3. • Paragraph 8, Records Annual Reporting 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). Electronic Submissions [Supplements Part IV, Paragraph 8.] In accordance with 40 CFR 122.41(l)(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: hops://www.epa.gov/compliance/final-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 1511 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. NCS000412 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: littp://dgg.nc.gov/about/divisions/water-resources/edmr 6. 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. NCS000412 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 pennittee 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 flan (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 pail 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 Ill Page 1 of 1 PERMIT NO. NCS000412 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 11 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 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 I11, 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. 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 W Page 1 of 2 PERMIT NO. NCS000412 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 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 environmentaUstormwater 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. NCS000412 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)(2XA) 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, NC'S000412 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 penmittee 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 Fcdcral 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. NCS000412 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. 1t. 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. NC'S000412 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. NCS000412 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; Have access to and copy, at reasonable times, any records of the pennittee 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 PERM IT NO. NCS000412 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the pennit, 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 I PERMIT NO. NCS000412 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 1 PERMIT NO. NCS000412 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 Vill Page 1 of 5 5 PERMIT NO. N6S000412 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 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. NCS000412 15. Minimum Desigrt 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 iaw 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 Vill Page 3 of 5 PERMIT NO. NCS000412 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 V111 Page 4 of 5 PERMIT NO. NCS000412 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 Stonnwater Management Program (SWMP) refers to the storrrtwater 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 perm ittee'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 ATTOWly P6CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director May 30, 2007 Kevin L. Krouse, Planning Director Bessemer City City Hall 132 W. Virginia Ave. Bessemer City, North Carolina 28016 Dear Mr. Krouse: Subject: Permit No. NCS000412 In accordance with your request to modify Permit No. NCS000412, we are forwarding herewith the revised NPDES pen -nit. This permit has been revised to be consistent with language in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the City's requests dated March 28, 2007. The revisions do not change the effective date of the original issuance. If your staff should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or by e-mail at mike.randalI@ncmaiI.net. cc: Central Files Sto"rmwater and General Permit Unit Files DWQ Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919.733-70151 FAX: 919-733-24961 Internet: h2o.enr.state.nc.us An Equal Opportunily/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper Sincerely, Alan W. Klimek, A.E. NorthCarolina ;Vaturallff J 11-w.l Vlly JLV, L11W0LV11 %.411,,l Q1LG11U1J1U1Lt Subject: Bessemer City Stormwater Permit amendment From: "Kevin Krouse" <kevin a bessemercity.com> Date: Wed, 28 Mar 2007 12:40:18 -0400 To: <mike.randall@ncmai1.net> Mr. Randall, We would like to make an amendment to our stormwater pen -nit. Section F.3.(iii).(A) should be changed to read as follows: The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for a 1 inch rain storm . Runoff i,olume drawdown time must be a minimum of 24 hours, but not more than 120 hours; Is this email to you sufficient to make this change or do we need to submit something more formal? Thank you Kevin L. Krouse f I J Planning Director < 1 rgt AA ekc Bessemer Cit y (704) 833-0363 (o) ,,rr �^ Pa Q (704) 629-2237 (f) �'t'"' (�• www.bessemercity.com 41 0 f 'l 3/29/2007 6:52 AM