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HomeMy WebLinkAboutNCS000434_Archdale NOV-2020-PC-0119_20200305 ROY COOPER 3 Governor MICHAEL S.REGAN Secretary d " BRIAN WRENN Acting Directorz; ",q`y._ March 5, 2020 CERTIFIED MAIL: 7017 1450 0001 1945 0755 RETURN RECEIPT REQUESTED City of Archdale ATTN: Zeb Holden, City Manager 307 Balfour Drive PO Box 14068 Archdale,NC 27263 Subject : NOTICE OF VIOLATION (NOV-2020-PC-0119) City of Archdale NPDES MS4 Permit No.NCS000434 Guilford &Randolph Counties Dear Mr. Holden: On December 17, 2019 staff from the North Carolina Department of Environmental Quality(DEQ)conducted a compliance audit of the City of Archdale 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 Archdale is required to complete the following actions: (1) Respond in writing within thirty(3 0)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. (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 Section F: Post-Construction Site Runoff Controls; Section G: Pollution Prevention and Good Housekeeping for Municipal Operations; 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 North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources �+j Winston-Salem Regional Office 450 West Hanes Mill Road,Suite 300 Winston-Salem,North Carolina 27105 . 336-776-9800 Notice of Violation City of Archdale March 55 2020 Page 2 of 2 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 Salisbury 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. It is preferred that required documentation be submitted via e-mail to Jeanette.PowelI@ncdenr.gov and Tamera. Eplin@ncdenr.gov. If it is necessary to mail hard copies, please mail one copy to each of the following addresses: DEQ-DEMLR Stormwater Program DEQ—Winston-Salem Regional Office, LQS Attn: Jeannette Powell Attn: Tamera Eplin 1612 Mail Service Center 450 West Hanes Mill Road, Suite 300 Raleigh,NC 27699-1612 Winston-Salem,NC 27105 If the City of Salisbury 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 civilpenalty 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 NOVand/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. Thank you for your attention to this matter. Should you have any questions, please contact Tamera Eplin at(336) 776- 9800 or Tamera.Eplin@ncdenr.gov, Sincerely, Brandon ise amera Eplin, :E. Stormwater Specialist Regional Engineer Division of Energy, Mineral and Land Resources Division of Energy, Mineral and Land Resources Enclosures: DEQ MS4 Program Audit Report(02/17/2020, City of Archdale) Copy of NPDES MS4 Permit No.NCS000434 Sample Council Resolution cc: Jeanette Powell, DEMLR MS4 Program Coordinator(via e-mail,w/o attachment) Alaina Morman, DEMLR Stormwater Compliance&Enforcement(via e-mail, w/o attachment) DEMLR NPDES MS4 Permit Laserfiche File