HomeMy WebLinkAboutNCS000412_FINAL PERMIT_20070531pe5&eli�
Ce d
STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
�CS Q O O
DOC TYPE
INAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ �O
YYYYMMDD
North Carolina Department of Environment and Natural Resources
Division of Water Quality I- � �.�
UNMLIV
AND NPTr t- r OURCES
Michael F. Easley, Governor William G.-Ross, Jr., -Secretary
Cp/�ry
Alan IN. ;•Climek, P.E., Director
c
May 30, 2007
Kevin L. Krouse, Planning Director
Bessemer City
City Hall
132 W. Virginia Ave.
Bessemer City, North Carolina 28016
Dear Mr. Krouse:
MAY :. 2�07
WATER QUALITY SECT4CN
Subject: Permit No. NCS000412
In accordance with your request to modify Permit No. NCS000412, we are forwarding
herewith the revised NPDES permit. 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.randall@ncmail.net.
cc: Central Piles
Stormwater and General Permit Unit Files
DWQ Moofesvi. le Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
512 N. Salisbury Si., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX,, 919-733-249611ntemet. h2o.enr. state. nc.us
An Equal OppodunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper
Sincerely,
)29�
Alan W. Klimek, P.E.
NorthCarolina
;Vaturally
lessemer City Stormwater Permit amendment
Subject: Bessemer City Stormwater Permit amendment
From: "Kevin Krouse" <kevin@bessemercity.com>
Date: Wed, 28 Mar 2007 12:40:18 -0400
To: <mike.randall@ncmail.net>
Mr. Randall,
We would like to make an amendment to our stormwater permit.
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 past -development conditions for a I inch rain storm . Runoff volume 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 � I'
Planning Director
Bessemer City
(704) 833-0363 (o) l r^ 0 I
(704) 629-2237 (fj ��C' �V ice►
www.bessemercity.com
P0
of 1 3/29/2007 6:52 AM
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
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 Jurisdictional Area
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 July 1, 2005, as amended June 1, 2007.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day June 1, 2007.
25gzz
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A. PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART 1V REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS `
PERMIT NO. NCS000412
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Bessemer City is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters, Abemethy 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
Comprehensive Stormwater Program Report, herein referred to as the Stonnwater Plan.
The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES
Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive
Stormwater Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terns and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stonmwater discharge or is covered
by another permit, authorization, or approval.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas 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 must be approved by the Division of Water
Quality, herein referred to as the Division.
The Division may deny or revolve coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stonnwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act,
Part 1 Page l of 2
PERMIT NO. NCS000412
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stonnwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge pen -nit including
discharges of process and non -process wastewater, and stonmwater associated
with industrial activity; or
(b) Deterrnined to be incidental non-stonmwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
PERMIT NO. NCS0004I2
PART II 'FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Storinwater Plan.
The permittee will keep the Division advised 'of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan,
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stonnwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part 11 Page 1 of 11
PERMIT NO. NCS000412
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed pen -nit modifications must be submitted to the Director for approval.
Part II Page 2 of 11
PERMIT NO. NCS000412
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
N V 'i. ry5 ` V 4 ti i5.f•_.
VIYyM si,s S L1 3 i/ r# -
K + Measurable Goals i Y
YR
YR
-
�YR
.
,YR,.
•su
' YR
Sd
t, a�
•.
•r's:�,y
.•i �� i r i:✓ a
H' n vta; ,. �, R . 4'�. :,a. f}s .-r :rki. iaY
.{� -�
c
>.
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and '
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the pennittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program,
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part 11 Page 3 of 11
PERMIT NO. NCS000412
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including in"ajor economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BMP a�; t
a s Measurable Goals y9 'p
k>�i'R,
�YR1
YR
YRr
xYW
X^,h
Tr--r
(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stonnwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group for input on
X
X
X
X
Group
stormwater issues and the stormwater
program.
Part II Page 4 of 11
PERMIT NO. NCS0004I2
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.. ..
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
W,'NcZb
%
- t V;'i 5.. ..t
Measurable Goals - t � ,,
w
�` ,,` 'k
Y YR
`
f�'R'
*'i jk
,i 4
'Y
t't,zs
1
{Y d3
YR
r.-
tY�R ,
(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
X
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and'Elimination Program.
(c) Develop a Storm
Identify outfall locations and map
X
Sewer System Base
stormwater drainage system components.
Map
At a minimum, mapping components
includes outfalls, drainage areas, and
receivin streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
Part 11 Page 5 of 11
PERMIT NO. NCS000412
���
IARd�
l •S.! f,F 1 xl 'F3� •yS- ')�: 4; 'R
, � �� �Measuralle,aGgals�
rYR�
�
�YR�
'
YR�
f :s;
5
��_
_�. jF23.u�4
(e) Conduct employee
Conduct training for city staff on detecting
X
X
cross -training
and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part II Page 6 of 11
PERMIT NO. NCS000412
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
I. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site 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.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program effective
meets the requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities less than
one acre that are part of a larger common plan of development. This program is authorized under
the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site, plans which incorporates consideration of potential
water quality impacts, and procedures for site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG410000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline
to meet the requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 7 of I 1
PERMIT NO. NCS000412
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stonnwater runoff from new development 1 redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. 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.
'"" FV .FA' 4t •ii"�n _-4'"3i.
€ BUMP
=
'A.{"d '- f13f - - P J �,. ry'. 1
,� } Measurable Goals,.• p „
r
YR
YR,
YR
YI2
YR.
i'
� ' ;*
?: '% r _ i`�, ra:C—�
'` "r ) '�' ' �' {
- 1
�274 M.-t,
-N1 5T
-",t
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stonnwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the MS4
non-structural BMPs. Provide a
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliforin to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part 11 Page 8 of 11
PERMIT NO. NCS000412
3. The evaluation of Post -construction Stormwater Management Program measures
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-1) — 15A NCAC 2B.0212.
(2) Water Supply Watershed 11(WS-II) -- 15A NCAC 213.0214,
(3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215.
(4) Water Supply. Watershed IV (WS-IV) — 15A NCAC 213.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(b) Model Practices. For those areas within the jurisdictional area of the permittee that are
not subject to the post -construction stormwater management provisions of another
existing state stormwater management program, the permittce's Post -construction
Stormwater Management Program must equal or exceed the stormwater management and
water quality protection provided by the following model practices.
(i) The permittee may issue a local Stormwater management permit to a
development or redevelopment project as either a low -density project or a high
density project.
(ii) A project may be permitted as a low -density project if it meets the following
criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent
development activities maintain the development (or redevelopment)
consistent with the approved plans.
(E) A project with an overall density at or below the low -density
thresholds, but containing areas with a density greater than the overall
project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
(iii) A project not consistent with the requirements for a low density project may be
permitted as a high density project if it meets the following requirements:
(A) High -density projects must use structural stormwater management
systems that will control and treat runoff from the first one -inch of rain.
Part II Page 9 of 11
PERMIT NO. NCS000412
(B) Runoff volume drawdown time must be a minimum of 48 hours, but not
more than 120 hours;
(C) High -density projects must discharge the storage volume at a rate equal
to or less than the predevelopment discharge rate for the one-year,
24-hour storm.
(D) All structural stormwater treatment systems must be designed to achieve
85% average annual removal of total suspended solids;
(D) For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
(E) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in I SA
NCAC 2H .1008(c);
(F) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and
(G) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent development
activities maintain the development (or redevelopment) consistent with
the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part II Page 10 of 11
PERMIT NO. NCS000412
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The 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.
}y yi1
� � fi��n�.r.>
��.`;t .. ...��1 %.7ald.i': i 'k'F': r: v
{�r Measurabie�Gaals -'rer{'§{�'
ik jfi. .f 3 Sri y«, aw ty.,. �tt5 "7 ,
�-'" M
'YR
��.. §"'�
yl'R
4
4.S T•'t�� <
��YR
�-��
YR=YR�
Y
t+-t: w..
�.i. r.�r
�;f--�',
,'-M,5;� 1 5
f
. ;���tr s'.�` a n� r t, r�3 "ksr��
Flo-
M.Zy
< �
?3
x 4iwu
a
(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and .
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee. with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan,
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping procedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
owned and operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stonnwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 11 of 11
PERMIT NO. NCS000412
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all progam
components that are being undertaken including, but not limited to,inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions , and other stonnwater activities. If monitoring and sampling are being performed
documentation of results shall be included. 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 immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation to the Division
on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 to June 31. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
review of the MS4, education, training and results of the illicit discharge detection
and elimination program.
Part III Page 1 of 2
PERMIT NO. NCS000412
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2
PERMIT NO. NCS000412
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page 1 of 2
PERMIT NO. NCS000412
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
pennit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information required by this permit
on an annual basis per Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes -aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part 1V Page 2 of 2
PERMIT NO. NCS000412
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or 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 $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or. imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $1,1,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR l 22.41(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 pennit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Part V, VI, VII & VIII Page l of 11
PERMIT NO. NCS000412
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 11 penalty not to exceed
$137,500).
2. Duty to Mitigate
The penmittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this pen -nit 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, 143-2 i 5.6C or Section 309. of the Federal Act, 33 USC 1319.
Furthennore, the pennittee 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 pennittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
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.
Part V,VI, VII&V1IIPage 2ofII
PERMIT NO. NCS000412
7. Duty to Provide Information
The permittec shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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
notification of planned changes or anticipated noncompliance does not stay any pennit
condition.
Part V, VI, VII & VIII Page 3 of I I
PERMIT NO. NCS000412
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.
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, V1, VII & Vill Page 4 of I I
PERMIT NO. NCS000412
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all.
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The 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 MS4, an authorized representative of a municipal operator or
the MS4 receiving the discharge, upon the presentation of credentials and other
documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this pennit-,
and
Part V, VI, V11 & VIII Page 5 of 11
PERMIT NO. NCS000412
(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.
5. Availability of Reports
Except for data detennined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V,V1,VII&VIIIPage 6ofII
PERMIT NO. NCS000412
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the pennit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, farts 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 VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V, V1, V11 & V111 Page 7 of 11
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
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. 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.
b. . Department
Department means the North Carolina Department of Environment and Natural
Resources
Part V, V1, VII & VIII Page 8 of 11
PERMIT NO. NCS000412
7. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10, Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. 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.
13. Industrial Activity
For the purposes of this pennit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System(MS4)
Pursuant to-40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
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, stonnwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
Part V, VI, VII & Vill Page 9 of I I
PERMIT NO. NCS000412
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used, for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Dischargegories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
Part V, V1, V11 & V111 Page 10ofl1
PERMIT NO. NCS000412
19. 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.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
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.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, V1, V11 & VIII Page I I of 11
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor �' � '1 r' �� Williarn . , Jr., Secretary
AND N � ` `Alan WRhrh9k P.E. Director
WOORESt.r:. ^,y. AL OFFICE
June 22, 2005
Mayor Allan W. Farris
132 W. Virginia Ave.
Bessemer City, North Carolina 28016
Dear Mr. Farris;
JUN 2 7' 2005
YATER W�nj. I. C TIO�
Subject: NPDES Permit Number NCS000412
Gaston County, City of Bessemer City
In accordance with your application for a stormwater discharge permit received on March
7, 2003, and as amended, 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).
Numerous comments were received during the public comment period. The attached
document summarizes comments regarded by DWQ as the foremost and DWQ's response to
those comments. You may review all the comments and response to comments at:
htt ://h2o.enr.state.nc.us/su/NPDES Phase 11 Stormwater Program.htm
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 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 Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX: 919-733-24961Internet: h2o.enr,state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
One
NorthCarolina
Naturally
If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
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 Jurisdictional Area
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 1, II, III, IV, V, VI, VII and VIE hereof.
This permit shall become effective July 1, 2005.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day June 22, 2005.
z!A &no
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
PERMIT NO. NCS000412
PART I PERMIT COVERAGE
1. During the period beginning on the effective date of the permit and lasting until
expiration, the City of Bessemer City is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters, Abemethy 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
Comprehensive Stormwater Program Report, herein referred to as the Stormwater Plan.
The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES
Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive
Stormwater Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terns and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas 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 must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Part I Page 1 of 2
PERMIT NO. NCS000412
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are;
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (cornmercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan,
Part I Page 2 of 2
PERMIT NO. 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
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this Stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part 11 Page 1 of 11
PERMIT NO. NCS000412
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part F1 Page 2 of l 1
PERMIT NO. NCS000412
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
YR
YR `
YR
YR
YR
1
.2
3,
4
5
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own ro ram.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
abroad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part 11 Page 3 of 11
PERMIT NO. NCS000412
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups.
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BM P
Measurable Goals.
YR
YR
YR
YR
YR
,
1
2
3;
.
(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
;d) Establish a Citizens'
Develop a citizens' group for input on
X
X
X
X
Group
stormwater issues and the stormwater
program.
Part II Page 4 of 11
PERMIT NO. NCS000412
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(c) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
rabl a Goals$�_. ,�Y,�
C`C��> '�akC'
.:YRxYR
YR-qy.
J"
S.YR
�Y�R�'.
�'k
f tSi1}
,nf'3"ay
�D''$
MIT
- 1 ^'S
^j P
'.3 ri
4'
]T.;L�u.3..?.zr
-?
rn+� 4J`-
S
SG
i1 �.
iw7wF
`,'S�.�`..i,ea£
.(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
X
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Identify outfall locations and map
X
Sewer System Base
stormwater drainage system components.
Map
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
Part 11 Page 5 of 1 I
PERMIT NO. NCS000412
illn
M ble-, "'d
Wk'
IYR�N
-,--",Y RWYR
YR
3
P�
(e) Conduct employee
Conduct training for city staff on detecting
x
x
cross -training
and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
x
x
education
the general public of hazards associated
with illegal discharges and improper
dispo,; I of waste.
(g) Establish a public
Establish and publicize a reporting
x
x
x
x
reporting mechanism
mechanism for the public to report illicit
I dischares.
Part II Page 6 of 11
PERMIT NO. NCS000412
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site 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.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program effective
meets the requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities less than
one acre that are part of a larger common plan of development. This program is authorized under
the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, and procedures for site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and b, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline
to meet the requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 7 of 11
PERMIT NO. NCS000412
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. OWectives for Post -Construction Site Runoff Controls
(a) Manage Stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. 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.
BMP
Measurable Goals
YR
YR
YR
YR�
YR..
'i
2
3''
4 ;
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the MS4
non-structural BMPs. Provide a
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part E Page 8 of 11
PERMIT NO. NCS000412
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state Stormwater management programs fasted herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stormwater. Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A) The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
Part H Page 9 of l I
PERMIT NO. NCS000412
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part 11 Page 10 of 1 1
PERMIT NO. NCS000412
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
BMP.
Measurable Goals
YRi
-YR
YR
YR
_YR
3
4'
'S
(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of -
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff , including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
owned and operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
foliow-u actions at the facilities.
Part H Page 11 of 11
PERMIT NO. NCS000412
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions , and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation will be kept on -file by the
permittee for a period of five years and made available to the Director or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation to the Division
on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 to June 31.. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
review of the MS4, education, training and results of the illicit discharge detection
and elimination program.
Part III Page 1 of 2
PERMIT NO. NCS000412
The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part 111 Page 2 of 2
PERMIT NO. NCS000412
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"1 certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page 1 of 2
PERMIT NO. NCS000412
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information required by this permit
on an annual basis per Part III of this permit on forms provided by the DWQ.
b. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part N Page 2 of 2
PERMIT NO. NCS000412
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or 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 $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 US 1319 and 40 CFR 122.41(a),I
(c) Under state law, a daily civic penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref. North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Part V, V1, VQ & VIII Page 1 of I I
PERMIT NO. NCS000412
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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class I1 penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319_
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
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.
Part V, VI, VII & VIII Page 2 of I 1
PERMIT NO. NCS000412
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V, VI, VIl & VIII Page 3 of 1 l
PERMIT NO. NCS000412
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.
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, VI, VU & V1II Page 4 of I I
PERMIT NO. NCS000412
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The 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 MS4, an authorized representative of a municipal operator or
the MS4 receiving the discharge, upon the presentation of credentials and other
documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
Part V, VI, VII & VIII Page 5 of I 1
PERMIT NO. NCS000412
(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.
S. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V, Vl, VIl & VIH Page 6 of l 1
PERMIT NO. NCS000412
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V, V1, VII & VIII Page 7 of 11
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).
Built -upon Area
4
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 US 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 Environment and Natural
Resources
Part V, VI, V II& V III Page 8 of 11
PERMIT NO. NCS000412
7. Division DW )
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. 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.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
Part V, VI, VH & VIII Page 9 of 11
PERMIT NO. NCS000412
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
Hi. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontamnated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
Part V, VI, VH & VM Page 10 of 11
PERMIT NO. NCS000412
19. 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.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
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.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, VI, VII & VIII Page I 1 of 11
W A 7-F Michael F. Easley, Governor
O�� 9QG William G. Koss Jr., Secretary
North Carolina Department of E_nviionrne tt aM Nulural:0iourccs
Alan W. Klimek, P; ElDirector •
Division of Water.Quality t
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
November 8, 2004 Nov 0 2c114
Mayor Allan W. Farris
132 W. Virginia Ave.
Bessemer City, North Carolina 28016
Subject: NPDES Permit Number NCS000412
City of Bessemer City
Dear Mr. Farris;
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210
(S 1210) - Phase II Stormwater Management. The Governor signed the bill on August 2,
2004. This bill addresses implementation of the federal NPDES Phase 1I stormwater
program in North Carolina.
In S 1210, the General Assembly provided a framework that will allow state and
local government agencies to begin implementing the program. The bill establishes
minimum stormwater management requirements for municipal storm sewer systems and
also applies stormwater controls to some developing areas around these municipalities.
Phase If Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your
community's permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.ne.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. All comments
and request should reference draft permit number NCS000412. Please provide your
comments by Friday, December 10, 2004, If you have any questions about this draft
permit don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
cc: Stormwater and General Permits Unit
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1.877.623-6748
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
Receiving Stream:
River Basin:
Stream Classification:
Proposed Permit Requirements
Compliance Schedule:
Basis for Monitoring:
Basis for Other Requirements:
Response Requested by (Date)
DOCUMENTS REVIEWED
OCT 0 4 200r.
.x
Michael F. Easley. Governor
William G. Ross Jr-, Secretary
North Carolina Department of Environment and Natural Resources
FF.REVIE.W:A L� STUFF
NPDES Stormwater Pert
Alan W. Klimek, P. E_ Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
City of Bessemer City
NCS000412
City of Bessemer City
Municipal Separate Storm Sewer System
Abemethy Creek (unnamed tributary), Crowders Creek (unnamed
tributary), Long Creek and unnamed tributaries, Oates Creek and
unnamed tributary.
Catawba River
C, WS-II, HQW, CA
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
October 22, 2004
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 7, 2003 is
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) ) 2 2 �& Date ' Zt/�007
Stormwater and General Permits Supervisor Y ADate
Concurrence by Regional Offi �5- Date
Water Quality Supervisor
Date
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
AWA
Customer Service
1-M-623-6748
W A Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
October 1, 2004
Mayor Allan W. Farris
132 W. Virginia Ave.
Bessemer City, North Carolina 28016
Subject: NPDES Permit Number NCS000412
City of Bessemer City
Dear Mr. Farris-,
Enclosed for your review and comment is the draft Phase H NPDES Stormwater
Permit for the City of Bessemer City. Following an appropriate public notice and
comment period, we anticipate this permit will become effective in the 4th quarter of
2004.
We believe that this draft permit will provide your community with the flexibility
vital for your community, while at the same time safeguarding and protecting our natural
environment for future generations of North Carolinians.
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. Please provide
your comments by Friday, October 22, 2004. You will also have an opportunity to
submit comments during the public comment period in November, 2004. If you have any
questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext- 545.
Sincerely,
-.." I �e
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Mooresville Regional Office
E1+�
N. C. Division of Water Quality 1617 Mail Service Center Raleigh. North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6748
DRAFT PERMIT NO. NCS000412
STATE of NORTH CAROLINA OCW7, of ENVIRaMME".
p ��- *���LIPAL RESOURCES
` DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES, , ..- ,TtAL OFFICE
DIVISION of WATER QUALITYtt��
d DRAFT PERMIT NO. NCS000412 OCT 0 A 2004
TO DISCHARGE STORMWATER UNDER THE ,
c ( NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
L47 SECTION
In compliance with the provisions of North Carolina General 5tatgp I43-215.1, other lawful
a, ?
standards and regulations promulgated and adopted by the ,North Carolina Environmental
n,�I. N: a
Management Commission, and the Federal Water PollutioControl Ac_`t:?,�as amended,
City of Bessemer
is hereby authorized to discharge stormwater from their rriuiiicipal separate storm sewer system
located: /j Z
Within the Citv:6fnBc06ffi1r CiN—Jurisdictional Area
to receiving waters, Abernethy CreekF(unnarn`ed'tributary), Crowders Creek (unnamed tributary),
Long Creek and unnamed tributaries Oat�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, 11, III,'M V, V1, VIl and VEd hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
DRAFT PERMIT NO. NCS000412
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: II.LICIT 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
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A. COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
DRAFT PERMIT NO. NCS000412
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Bessemer City is authorized to discharge stormwater from the
municipal separate storm sewer system 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 Comprehensive
Stormwater Management Plan, herein referred to as the Stormwater Plan. The
Stormwater Plan includes components of the permittee's Phase II Municipal NPDES
Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive
Stormwater Management Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the
municipal storm sewer system within the jurisdictional area of the permittee and
surrounding areas as described in the approved local comprehensive stormwater
management program to control potential pollution from the storm sewer system. The
permit applies to current and future jurisdictional areas 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 must be approved by the Division
of Water Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215. l
and Session Law 2004-163 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Program in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
Part I Page l of 2
DRAFT PERMIT NO. NCS000412
$. The permit authorizes the point source discharge of stormwater runoff from the municipal
storm sewer system_ In addition, discharges of non-stormwater are also authorized
through the municipal storm sewer of the permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• Blows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
DRAFT 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 reduce pollutants discharged from the municipal separate storm sewer system. This
includes, but is not limited to, the following areas:
(a) The permittee will develop and maintain adequate legal authorities to implement
all provisions of the Stormwater Plan. The permittee will keep the Division
advised of the status of development of appropriate ordinances and legal
authorities and will pursue these authorities in accordance with the schedule
outlined in the Stormwater Plan. Any changes to the schedule must be approved
in accordance with Item 1(I) below.
(b) The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the municipal storm sewer system is reduced to the
maximum extent practicable. It is anticipated that in order to meet this provision,
implementation of the Stormwater Plan will occur with emphasis given to priority
areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
(c) The permittee will implement the appropriate components of the Stormwater Plan
to assure that, to the maximum extent practicable, illicit connections, spills and
illegal dumping into the municipal storm sewer system are prohibited.
(d) The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are
a part of the Stormwater Plan. This will include, but is not limited to, the
provisions of this permit and the applicable provisions of the permittee's
Stormwater Plan.
(e) The permittee will maintain adequate funding and staffing to implement and
manage the provisions of the Stormwater Plan.
(f) The permittee will implement appropriate education, training, outreach, and
public involvement programs to support the objectives of this stormwater
discharge permit and the Stormwater Plan.
(g) The permittee will implement a program to reduce pollution from construction
site runoff as described in the permit application and in accordance with this
permit.
Part 11 Page 1 of 9
DRAFT PERMIT NO. NCS000412
(h) The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural
and non-structural best management practices to protect water quality, reduce
pollutant loading, and minimize post -development impacts. This program will
include provisions for long-term operation and maintenance of BMPs.
(i) The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and
maintenance of municipal facilities to reduce the potential for stormwater
pollution.
0) Proposed permit modifications must be submitted to the Director for approval.
SECTION B: PUBLIC EDUCATION AND OUTREACH
Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
a z BMP m
'�' . E;4 Y^ tx d M
_ �, Measurable;Goais �
-
YR
,.
Y,R�
R^YYR-,i'�"
t t
1
*ae
2
i
MS�
fi^
4
�w
.5- ,
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material targeting school children,
homeowners, and/or
homeowners, and businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
X
material dissemination
mailouts, at special events, and at high
traffic businesses.
Part Il Page 2 of 9
DRAFTPERMIT NO. NCS000412
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable State and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
ii " '�.a 'Ji" L W i'.
:tiVleasurable
.t^sri 'lit' ! K f C ;d
Goals: a«
{
lkR
,p.Y''�
LV
'�d._
w!
".y
w ;,
PbYRM,
a
s,'£sna�i�;i1ni�
`
1
:��;� . w�..� fir,et
(a) Administer a Public
Conduct a least one public meeting to
X
Involvement Program
allow the public an opportunity to review
and comment on the stormwater
management program,
(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement ro ram
2romote ongoing citizen partici ation.
(c) Establish a Citizens
Establish a citizen's advisory panel to
X
X
X
X
Advisory Panel
review the Stormwater Management Plan,
to review the annual report, and to advise
the permittee on the Stormwater
Management Plan.
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the storm sewer system. The
permittee may require specific controls for a category of discharges, or prohibit
that discharge completely, if one or more of these categories of sources are
identified as a significant contributor of pollutants to the storm sewer system.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
Part 11 Page 3 of 9
DRAFT PERMIT NO. NCS000412
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Elicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
�Ze'g WdaWrab e jg
1, 0
` 02's
I
"m
— fil-" '4
MEN. P'�-YMWWFAI
W
t
952M
A
ad,
4, i.A
W-P tl;
4
I P
(a) Develop/Implement
Develop and implement an Elicit
x
x
x
x
x
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
x
x
x
x
x
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Complete identification, locations of and
x
Sewer System Base
mapping of stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas and receiving streams.
(d) Implement illicit
Implement inspection program to detect
x
x
x
discharge detection
dry weather flows at system outfalls.
procedures
Establish procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for town staff on
x
x
cross -training
detecting and reporting illicit discharges.
Provide public
Inform public employees, businesses, and
x
x
education
the general public of hazards associated
with ]Illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
x
x
x
x
reporting mechanism
mechanism for the public to report illicit
discharges.
Part II Page 4 of 9
DRAFT PERMIT NO. NCS000412
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site 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.
2. BMPs for Construction Site Runoff Controls
The City of Bessemer City relies on the North Carolina Department of Natural Resources
Division of Water Quality and Erosion and Sediment Control Program to comply with this
minimum measure. The City of Bessemer City will conduct random inspections of local land
disturbing activities that have a sediment and erosion control permit, issued by NCDENR, to see
if the site is in compliance. The hotline shall also act as a complaint center for sedimentation
issues. The City of Bessemer City will monitor NCDENR program for effectiveness in the City
of Bessemer City. Sites that are not in compliance with their sediment and erosion control
permits will be reported to NCDENR.
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
Part Q Page 5 of 9
DRAFT PERMIT NO. NCS000412
1VleasurableGoa1 �x "�Rp
xYR'
,,YRgY�R'`'
YR
x YR'
(a) Establish a Post
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement and
Stormwater
enforce a program to address post -
Management Program
construction runoff controls for new
(hereafter the Program)
development and redevelopment. The
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
in place to prevent or minimize water
quality impacts.
(b) Develop community
Develop guidance material or training
X
X
X
education
class for local developers explaining the
local post -construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
X
X
and enforcement
compliance and ensure enforcement of the
procedures
Program.
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
MS4
(e) Ensure structural BMP
Establish pre -construction review of plans
X
X
X
design, construction,
inspection during construction, and post -
operation and
construction acceptance procedures.
maintenenace
Require and review annual BMP
compliance
inspection reports.
(f) Establish a program to
Control the sources of fecal coliform to
X
X
X
control sources of fecal
the maximum extent practicable. Develop
coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
Part H Page 6 of 9
DRAFT PERMIT NO. NCS000412
4 '. ('(.� , 'k I � �YS.�t MF S+e,$
3.tBMP;"z Y £�'� i��
SdJ .n,.'i�L S lk I � I S
F tMeasurable Goals
YR}
(g) Establish a buffer
Require that built -upon areas be located at
X
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
either the most recent version of the soil
survey map prepared by the Natural
Resources Conservation Service of the
United States Department of Agriculture
or the recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 15A NCAC 213.0233 (3)(a).
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
project conformity with
protective covenants to ensure that
the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
(i) Establish low -density
Define low -density projects as having
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicable.
{j) Establish high -density
Define high -density projects as having
X
X
X
development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre and post
development conditions for the l year 24
hour storm.
Runoff volume draw down time shall be a
minimum of 24 hours, but not more than
Part II Page 7 of 9
DRAFT PERMIT NO. NCS000412
1VIeasurableGoalsr� , ''
YRYR
YiRYR
`6
#
4
; YR'
5
120 hours;
All structural stormwater treatment
systems used to meet the requirements of
the program shall be designed to have an
85% average annual removal for Total
Suspended Solids;
General Engineering Design Criteria for
all projects shall be in accordance with
15A NCAC 2H .1008(c).
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
`a,
*,1Vleasusable Goals
.._r.<i�e.' 3.�,r,,r.
1RfRI�R.�
�,
4, R
ti
4R3
5R,
(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from munici a1 o erations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
Part LI Page 8 of 9
DRAFT PERMIT NO. NCS000412
;� a'l Measuratle�Gaals " �`; ;� ' '
:,YR;
;YR
YR
'YR�
rYH
5 .
J
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of regulated
Conduct annual review of the industrial
X
X
X
industrial activities
activities that hold a Phase I NPDES
stormwater permit owned and operated by
the permittee. Specifically review the
following aspects. the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and
the results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 9 of 9
DRAFT PERMIT NO. NCS000412
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. 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
immediately upon request.
2. The perrr►ittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the pennittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stonnwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The pennittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page I of 2
DRAFT PERMIT NO. NCS000412
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
(g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the Ievel of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects or on a watershed or sub -watershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part W, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part M Page 2 of 2
DRAFT PERMIT NO. NCS000412
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, 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 at any time prior to the end of the five year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part W Page I of 3
DRAFT PERMIT NO. NCS000412
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this permit, the permittee shall record the following
information:
(a) The dates, exact place, and time of sampling, measurements, inspection or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
4. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants that are not specifically listed in the
permit or subject to notification requirements in 40 CFR Part 122.42 (a).
5. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
that may result in noncompliance with the permit requirements.
6. Twenty-four Hour Reporting
The pertittee shall report to the central office or the appropriate regional office any
noncompliance that may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
Part W Page 2 of 3
DRAFT PERMIT NO. NCS000412
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part M of this permit on forms provided by the DWQ.
8. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part W Page 3 of 3
DRAFT PERMIT NO. NCS000412
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or 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 $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than I year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $1 1,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Part V, V1, VH & VI[I Page l of 9
DRAFT PERMIT NO. NCS000412
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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
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.
Part V, VI, VII & Vitt Page 2 of 9
DRAFT PERMIT NO. NCS000412
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
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
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION
CONTROLS
Proper Operation and Maintenance
The periittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
Part V, V1, V1.1 & VID Page 3 of 9
DRAFT PERMIT NO. NCS000412
2. Need to Hatt 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.
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. 'Pest Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
Part V, V I, VU & Vr11 Page 4 of 9
DRAFT PERMIT NO. NCS0004 t2
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V, VI, V❑ & VM Page 5 of 9
DRAFT 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. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
The North Carolina Environmental Management Commission.
7. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
S. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
9. 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.
Part V, VI, VLI & Vffl Page 6 of 9
DRAFT PERMIT NO. NCS000412
10. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26,
11. 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):
(1) Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
12. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
13. 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,
Part V, VI, VII & VIU Page 7 of 9
DRAFT PERMIT NO. NCS000412
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
16.
17
IN
ILI]
The owner or operator issued this permit.
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.
Redevelopment
Means any rebuilding activity other than a rebuilding activity that;
(i) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
Ieast 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.
Section_ 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
Part V, Vl, VII & VIfI Page 8 of 9
DRAFT PERMIT NO. NCS000412
(b) Is present at or above threshold levels at a facility subject to SARA title 111,
Section 313 reporting requirements; and
(c) That meet at least one of the following criteria:
(i) Is listed in appendix D of 40 CFR Part 122 on either Table Il (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 31 1(b)(2)(A) of the
CWA in 40 CFR 116.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
20. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, V 1, V II& V III Page 9 of 9
n
aC UEPT. OF EWRONMEAfN�.
AND NATU7 A4 RESOURCES
MOORES" ' ""'ALOFFICE
NPDES
STORMWATIff
OCT 0 4 2004
1 PERMIT APPLICATION
1893
1
I
OUTLINE
NPDES STORMWATER PERMIT APPLICATION
Applicant Status Information (pages I — V)
I. Storm Sewer System Information (page 1)
II. Receiving Streams (page 2)
III. Existing Water Quality Programs (page 3)
IV. Permitting Information (page 4)
V. Co -Permitting - N/A
VI. Reliance on Another Government Entity to Satisfy One or More Permit
Obligations (page 5)
VIL Stormwater Management Program
A. Public Education and Outreach Program (pages 6-7)
B. Public Involvement and Participation (page 8)
C. Illicit Discharge Detection and Elimination (pages 9-11)
D. Construction Site Stormwater Runoff Control (page 12)
E. Post -Construction Storm Water Management in New Development
and Redevelopment (pages 13-14)
F. Pollution Prevention / Good Houskeeping (pages 15-16)
VIII. Appendix
' State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Read
' Division of Water Quality Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPILCAJ30N FOAM
' This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package Includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPIDES Small M54 Stonnwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
' Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-166) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
' I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
City of Bessemer City
b.
Ownership Status (federal,
state or local
Local
c.
Type of Public Entity (city,
town, county, prison, school,
etc.
City
d.
Federal Standard Industrial
Classification Code
SIC 91 - 97
e.
County(s)
Gaston County
f.
Jurisdictional Area (square
miles
4.246 sq/mi in city limits ; 8.4 sq/mi in ETJ
g.
Population
Permanent
5119
Seasonal (if available)
5119
h.
Ten-year Growth Rate
4.2 %
i.
Located on Indian Lands?
❑ Yes ® No
' II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
4.264 sq/mi
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
4
d.
Estimated rcentaqe of jurisdictional
area containing the Followi four land use activities:
•
Residential
70 %
•
Commercial
10 %
•
Industrial
5 %
•
Open Space
5' o
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes No WillAdopt
c. Delegated Erosion and Sediment Control ram
❑ Yes No W111 Adopt
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ® No
a p2rmitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑ Yes ® No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No N/A
rmittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Aware Environmental Inc.
• Element they will
implement
Storm Sewer System Mapping
• Contact Person
David Love
• Contact Address
9305 Monroe Rd. Suite I ; Charlotte NC 28270
• Contact Telephone Number
704-845-7697
c. Are legal agreements in place
to establish responsibilities?
®Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and indude documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
II
1 NPDES RPE StDrmwater Permit Application
I
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed In Section VI above
may sign the official statement below.
1 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, tine, accurate,
and complete. lam aware that there are sig fcant penalties for submitting false information,
including the posslbdfi nes and impnso ent for knowing violations.
Signature(
Ai&&41 01,4, `
Name
Alian W. Farris
Title
Mayor
Street Address
132 W. Virginia Ave.
PO Box
City
Bessemer City
State
NC
Zip
28016
Telephone
704-629-2238
Fax
704-629-2237
E-Mail
VIII. M54 CONTACT INFORMATION
1 Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Kevin L. Krouse
b.
Title
Planning Director
c.
Street Address
132 W. Virginia Ave.
d.
PO Box
e.
City
Bessemer City
f.
State
NC
g.
zip
28016
h.
Telephone Number
704-629-2238
I.
Fax Number
704-629-2237
J.
E-Mail Address
kevin@bessemercity.com
III
1 NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
Public Works Dept is applying for first required NPDES
Permit Number
By March 10, 2003. No permit # available.
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
1 X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
' Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
1 TABLE OF CONTENTS
' 1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
' 1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
' 1.6. Estimate Methodology
1.7. TMDL Identification
' 2. RECEIVING STREAMS
IV
NPOES RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4, Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
17
SECTION 1: STORM SEWER SYSTEM INFORMATION
1.1. Population: 5,114 permanent & seasonal (Based on 2000 Census)
L2. Growth Rare: 4.2 % Growth Rate (Based on 2000 Census)
1.3. 4.246 sg/mi Jurisdictional / MS4 service area and 8.4 sq/mi in ETJ.
1.4. MS4 Conveyance System: The Stormwater system consists of pipe and open
channels that feed into small systems. Streams are piped at road crossings. The
system performs well, carrying storm water flow. Very little maintenance is done
to the system. The public works dept. works on a complaint basis generally.
Catch basins are cleared before heavy rains and the pipes are cleared using a
water jet machine. The annual budget for these activities is $25,000.
1.5. Land Use Compositions:
Residential — 70 %
Commercial — 20 %
Industrial — 5 %
Open Space — 5 %
1.6. Estimate Methodology: Land use estimates were derived from current Zoning
Map.
1.7. TMDL - No
N
Table 1. Catawba River Basin
Receiving Stream Name
Stream Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Abernethy Creek, unnamed tributary 01
Not assigned
C
NA
NA
Abernethy Creek, unnamed tributary 02
Not assigned
C
NA
NA
Abernethy Creek, unnamed tributary 03
Not assigned
C
NA
NA
Abernethy Creek, unnamed tributary 04
Not assigned
C
NA
NA
Crowders Creek, unnamed tributary 01
Not assigned
C
NA
NA
Long Creek (from 0.7 mile upstream of
SR1408 to Bessemer City water intake
11-129-16-(2.3)
WS-II, HOW
NA
NA
Long Creek, unnamed tributary 01
Not assigned
WS-II, HOW
NA
NA
Long Creek, unnamed tributary 02
Not assigned
WS-11, HOW
NA
NA
Long Creek, unnamed tributary 03 (from
source to point 0.3 mile upstream of SR 1405)
11-129-16-3-(1)
WS-II, HOW
NA
NA
Long Creek, unnamed tributary 03 (from 0.3
mile upstream of SR 1405 to Long Creek)
11-129-16-3-(2)
WS-II, HQW, CA
NA
NA
Long Creek (from Bessemer City water intake
to South Fork Catawba River
11-129-16-(4)
C
NA
NA
Long Creek, unnamed tributary 04 (from
source to dam at Arrowood Lake)
11-129-16-4.5-(1)
WS-Il, HOW, CA
NA
NA
Long Creek, unnamed tributary 04 (from dam
at Arrowood Lake to Long Creek)
11-129-16-4.5-(2)
C
NA
NA
Long Creek, unnamed tributary 05
Not assigned
C
NA
NA
Long Creek, unnamed tributary 06
Not assigned
C
NA
NA
Long Creek, unnamed tributary 07
Not assigned
C
NA
NA
Long Creek, unnamed tributary 08
Not assigned
C
NA
NA
Long Creek, unnamed tributary 09
Not assigned
C
NA
NA
Long Creek, Gibsons Branch tributary
Not assigned
C
NA
NA
Long Creek, unnamed tributary 10
Not assigned
C
NA
NA
Oates Creek
11-135-5-1
C
NA
NA
Oates Creek, unnamed tributary 01
Not assigned
C
NA
NA
C - aquatic life, secondary recreation, fresh HOW - high quality water
CA - critical area WS-11 - water supply, undeveloped
' SECTION 3: EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs - Our City has adopted the Gaston County Water Supply
Watershed Protection Ordinance. This ordinance was adopted by Gaston County
1 December 9, 1993; and adopted by Bessemer City January 10, 1994.
§ 153.01 ADOPTION OF COUNTY
WATERSHED PROTECTION ORDINANCE.
The city hereby adopts the Water Supply Watershed
' Protection Ordinance, Gaston County. North Carolina, adopted by
the Gaston County Commissioners on December 9, 1993, along
with any future amendments thereof, and shall be in full force and
effect upon adoption.
' (Ord. 94-1-2, passed 1-10-94)
3.2 State Programs: None
1
s
SECTION4: PERMITTING INFORMATION
4.1. Allan W. Farris
Mayor
(704)629-5542
allsnaol.com
Joe Albright
City Manager
(704) 629-2238
ioe na bessemercitv.coni
Kevin L. Krouse
Planning Director
(704) 629-2238
kevinnbessemercitv.coni
Jamie Ramsey
Public Works Director
(704) 629-5398
no email
The above contacts responsibilities will be detailed in the BMP summary table.
4.2. Organizational Chart: Attached (see appendix A)
4.3. Signing Official: Allan W. Farris; Mayor. The Mayor is the primary
representative of our City. Resolution is attached that authorizes this.
(see appendix B)
4.4. Duly Authorized Representative: Kevin L. Krouse; Planning Director will be the
duly authorized representative.
4
1
1
1
1
1
SECTION 6: RELIANCE ON OTHER GOVERNMENT ENTITY TO
SATISFY ONE OR MORE PERMIT OBLIGATIONS
6.1. Name of Entity: Gaston County
6.2. Element to he Implemented: Construction Site Stormwater Runoff Control
6.3. Contact Information for the Responsible Party:
Dean Parker
Gaston County Natural Resources Department
1303 Cherryville Hwy
Cherryville, NC 28034
(704)022-2154
6.4. Legal Agreement: No. The agreement is in progress.
6.1. Name of Entity: Aware Environmental Inc.
6.2. Element to be Implemented: System Mapping
6.3. Contact Information for the Responsible Party:
David Love
AWARE Environmental Inc.
9305 Monroe Road, Suite 3
Charlotte, NC 28270-1490
(704) 845-7697
6A. Legal Agreement: Yes
5
SECTION 7: Stormwater Management Program Plan
7.1. Public Education and Outreach on Storm Water Impacts
7.1.1. BNfP Summary Table:
I
School Develop school children
Planning Director
Programs education program in year 2 and
X X
1 Kevin L. Krouse
implement on Earth Day
annually. Focus on basic
message regarding clean water
and the things they can do at
home to help. Track the number
of children reached and the
subject covered and report
annually.
2
Mailers,
Develop mailer for insert in
Planning Director
Brochures,
utility bills and implement in
X
X
X
X
X
/ Kevin L. Krouse
Posters
year 1. Target homeowners and
businesses with messages about
how they can reduce pollution
picked up by stormwater. Track
number of homes and businesses
reached by mailer and report
annually.
3
Festivals,
Participate in Down Home Day
Planning Director
Parades,
annually by having a booth
X
X
X
/ Kevin L. Krouse
Local Fairs
dedicated to information on
Stormwater pollution starting in
Year 3 and report annually on
event and message provided.
Provide messaged on the
importance of clean water and
on specific activities that can be
carried out to help keep
stormwater clean.
4
Business
Develop program for educating
Chamber
Education
business and industry using the
X
X
X
X
X
President / Joe
& Outreach
Bessemer City Chamber of
Albright
Commerce beginning in year I
and report annually on number
of businesses reached and
number of employees educated.
Focus on workplace issues to
reduce pollutant loading. Target
hot soot businesses.
5
Website
The City's Website will contain
Planning Director
a link for information
X
X
X
X
X
/ Kevin L. Krouse
concerning Stormwater Pollution
and Prevention. The information
will be available in Xear 1
6
1 7.1.2. Target Audience: Our goal is to reach as many people as possible through
various outreaches. However, our main focus will be on local business owners
and local developers. These two groups are the major contributors to
' stormwater discharge. Developers are the key group to educate because the
leading contributor to stormwater pollution is sediment and erosion. The
General Public will be targeted at every opportunity available. Our BMP's will
' reach the General Public very effectively through the Web, mailers, festivals,
and public hearings.
7.1.3. Target Pollutant Sources:
1 Sediment: Sediment is the number one cause of Stormwater pollution and this
factor is often overlooked.
' Trash: There are a number of residents that need to develop better practices of
trash disposal.
Fecal Colii orm: From Septic and Pet waste.
Household Chemicals: The Application of and Disposal of is a topic that many
' need educated on.
7.1.4. Outreach Program: We plan to take advantage of every opportunity to educate
the public on this matter. Our outreach has already begun through our Chamber
of Commerce. Business owners have been made aware of this topic through
power point presentations and guest speakers. We plan to reach the young
1 people through opportunities such as Earth Day etc. The general public will be
reached through several venues such as: (1) Down Home Day (our annual
festival will have a booth designated for Stormwater information, (2) Public
' Hearings, (3) Utility Bill Mailers, (4) Website (our cities website will contain a
link for information on Stormwater Phase I1 regulations. We want to focus on
first educating the public on how our habits and actions affect others. We will
work with the public to make them aware of the little things they can do to
prevent pollution of our water supply.
' 7.1.5. Decision Process: After looking at the resources we had available, the above
plan was the most logical and obtainable approach of public education. We
have a small staff and the options chosen will be able to be tracked and
measured for success. Refer to BMP table for measurable goals and responsible
parties.
7.1.6. Evaluation: We will keep track of the number of people reached through each
BMP program and report annually. Each BMP in the table lists the ways to
' measure success_
1 7.2. Public Involvement and Participation
The City of Bessemer City held a public hearing on February 24, 2003
' concerning the Stormwater Plan. The purpose of the hearing was to give the
public the opportunity to make comment and suggestions for our current
Stormwater Phase 2 permit application. Also at this public hearing, the
' opportunity for public education was done. A copy of this public hearing notice
is included in this application. (see appendix C)
' 7.2.1. BMP Summary Table
(1.14; tj I'll
Response
1
Public Hearing
We will hold a Public
Planning Director !
Hearing on February
Kevin L. Krouse
24, 2003 to allow the
public to give comment
and suggestions for our
permit application.
2
Use of Public
We will take advantage
Planning Director
Education BMP's
ofour different Public
X
X
X
X
X
Kevin L. Krouse
Education venues to
involve the General
Public in issues and
BMP's that can allow
them to be hands on in
this new way of
thinking about our
Stormwater astern
1
1 7.3. Illicit Discharge Detection and Elimination
1 7.3.1. BMA Summary Table
I
as
]
Develop ordinance
Develop ordinance
Pa i
Planning Director
to include illicit
within one year. Have X
/ Kevin L. Krouse
detection, right of
ordinance adopted by
entry, prohibition of
city council by end of
certain discharges,
one year. Note date of
enforcement actions
adoption and have copy
and penalties for
of ordinance in annual
dumping, spills, and
report file.
willful illicit
connections.
2
Develop system map
We have recently
Aware
showing outfalls and
outsourced the mapping
X
Environmental
the receiving body of
project to Aware
Inc.; Charlotte
water_ Update any
Environmental Inc. of
system changes
Charlotte. The project
within already
is underway & will be
mapped areas as they
completed by March
occur
2003. The map denotes
outfalls and receiving
body of water for each
outfall.
3
Train Employees on
Provide materials
Planning Director
how to inspect for
through HR to all
X
1 Kevin L. Krouse
illicit connections
employees regarding
and establish a
illicit connections and
tracking system for
how to recognize one.
managing reported
Complete by end of
problem areas.
year number 2 and note
date distributed.
Summarize in annual
report.
4
Implementation
We will begin to
Public Works
conduct the real
X
X
X
Director 1 Jamie
business of detection
Ramsey
and elimination after all
employees are trained
and ordinances are in
lace.
1
7.3.2. Storm System Sewer Map:
AWARE Environmental Inc. is preparing our Storm Sewer System Map. The
work is underway and should be completed by March of 2003. The mapping is
being conducted with GPS and will be available digitally as well as a paper
copy. All contact information for AWARE is located in section 6 of this
applicat ion.
7.3.3. Regulatory Mechanism: An Ordinance will be our Regulatory Mechanism to
effectively prohibit illicit discharges into the MS4. An ordinance is our most
effective tool for regulating and enforcing issues. The ordinance will be
developed and adopted in the first year of the permit cycle.
7.3.4. Enforcement: To ensure enforcement of the new ordinance we will rely on the
penalty section in the new ordinance. The ordinance will address four major
areas: (1) Dumping and illicit connections are illegal. Definitions will be
included to define what is specifically considered illegal. (2) The ordinance will
address how one can correct the problem. (3) The ordinance will provide us with
the right of entry onto a property to inspect for illicit connections and illegal
dumping. (4) Strict penalties will be included for those not in compliance. The
Penalty section will allow for a warning first with options for bringing the
violation into compliance. If there is no compliance the penalty section will
contain harsh fines as well as civil and criminal penalties.
7.3.5. Detection and Elimination: In the following sections 7.3.5.1. through 7.3.5.4 the
procedural method for detection and elimination is outlined.
7.3.5.1. To locate illicit connections we will walk the system sections at a time. Dry
outfall mapping will also be used after a 72 hour period with no rain.
7.3.5.2. To trace illicit connection we can use camera scoping work and smoke testing.
We will test waters visually and follow up on complaints of odors etc.
7.3.5.3.
To remove the source we will rely on the ordinance and penalty section.
7.3.5.4.
We will rely on the ordinance to evaluate the plan.
t7.3.6.
Non-Stormwater Discharges: We will allow all listed non-stormwater flows.
'
7.3.7.
Incidental Non-Stormwater Discharges. We want to make provisions for
allowing Charity car washes not for profit. (i.e. churches) Stipulations will be
placed on these charity car washes such as: frequency, location, etc.
7.3.8.
Outreach: This outreach will be conducted through our public education
program. Please refer to section 7.1.
1
10
' 7.3.9. Decision Process: Developing the Ordinance is the first step in detecting and
eliminating illicit discharges. This will allow us to determine what is and what
is not allowable and will give us right of entry onto the properties. Staff will be
' trained to detect illicit discharges in everyday duties. After our map of outfalls
is complete we will begin to walk the entire stormwater system starling with
the worst areas. We will look for illicit detections through these methods as
' well as public complaints.
7.3.10, Evaluation: To evaluate success we will first identify the problem. Second,
issue a notice. Third, explain how to correct the problem. Fourth, Check for
compliance. We will document all findings and keep a monthly progress
' report.
1
'
7.4. Construction Site Stormwater Runoff Control
'
7.4.1. BMP Summary Table
ow
NMI=
gal
11111=1WE
I
Establish
Create method for
Public Works Director
communication tool
public reporting by
X
X
X
X
/ Jamie Ramsey
'
to provide method
end of year 2 and
for public to report
implement at time
concerns over
of program
sediment and erosion
adoption. Track
'
issues. Track calls
number and type of
and maintain log
complaints and
with incident
dispositions of
'
resolution, include
each. Summarize
action taken.
in annual report.
2
Adopt Gaston
Adopt County's
Planning Director 1
County's Soil
ordinance and have
X
X
X
X
Kevin L. Krouse
'
Erosion and
inter -local
Sedimentation
agreement in place
'
Control Ordinance
by end of year 2
'
7.4.2. — 7.4.8. At the present, the City of Bessemer City relies on the States plan and
ordinance concerning Erosion and Sediment control through NCDENR.
Our contact information for this is:
'
Gene Owens or
Steve Allred
NCDENR
919 N. Maine Street
Mooresville, NC 28115
'
(704) 663-1699
Although we are relying on the State plan concerning this issue we will
'
.s
Later adopt the County's plan The County's plan is similar to the
State's plan although it is even more inclusive and restrictive.
'
Enforcement and communication will be more effective under the
County rather than the State.
1
12
7.5. Post -Construction Storm Water Management in New Development
And Redevelopment
7.5.1. — 7.5.3. We will develop an ordinance that incorporates the State's language.
We will adopt the State language for post development controls.
We will implement program by March 10, 2005.
7.5.7. We adopted the Gaston County Watershed Protection Ordinance in 1994.
Copied below is the section in our ordinance that states this:
§ 153.01 ADOPTION OF COUNTY
WATERSHED PROTECTION ORDINANCE.
The city hereby adopts the Water Supply Watershed
Protection Ordinance, Gaston County, North Carolina, adopted by
the Gaston County Commissioners on December 9, 1993, along
with any future amendments thereof, and shall be in full force and
effect upon adoption.
(Ord. 94-1-2, passed 1-10-94)
7.5.8. BMP Summary Table
1
Develop standards and policies on
Initiate the
lit il)lt
I" itidil
Planning
BMPs for the development of new
development
X
X X
X
X
Director / Kevin
properties or the redevelopment of
of standards
L. Krouse
properties. Consider the following
and practices
strategies in your program: a.
for post -
Policies and ordinances that provide
requirements and standards to direct
construction
growth to identified areas b.
controls in
Policies that protect sensitive areas
Year 2 and
such as wetlands and riparian areas
implement in
c. Policies or standards that
Year 2.
maintain and/or increase open space
Report
(including a dedicated funding
annually on
source for open space acquisition)
progress made,
d. Policies or standards that provide
addressing
buffers along sensitive water bodies
review
e. Policies or standards that
plan
minimize impervious surfaces, f
process,
Policies or standards that minimize
number of
disturbance of soils and vegetation
sites impacted,
g. Policies or ordinances that
inspection
encourage infill development in
practices, and
higher density urban arras, and
any follow up
areas with existing storm sewer
procedures
infrastructure; h. Education
implemented.
programs for developers and the
In first report,
public about project designs that
minimim water quality impacts
document
coordinate with Public Education
procedures
13
minimum control measure) i.
followed in
Source control measures often
adopting
thought of as good housekeeping,
program,
preventive maintenance and spill
including any
prevention for new development as
input from the
part of the regulatory controls; j.
stakeholder
Storage practices such as wet ponds
and extended detention outlet
communities.
structures; k. Filtration practices
This is a long -
such as grassed swales, bioretention
term
cells. sand filters and filter strips I.
operation.: I
Infiltration practices such as
infiltration basins and infiltration
trenches. m Design and control
standards to address on site
treatment for total suspended solids
removal of 85% rr. Standards for
density of development limitations
to reduce impervious coverage,
1
7.5.9.— 7.5.10. — Non -Structural BMP's:
' We will adopt the States BMP manual which will meet all the minimum
requirements for Non -Structural and Structural BMP's.
7.5.11. Regulatory Mechanism: We will adopt an ordinance that addresses post
construction run-off by 3/10/05. We will incorporate the State's language in our
ordinance for high and low density development .
' 7.5,12. Operation and Maintenance: Our operation and maintenance program will
ensure the adequate long-term operation of the structural BMP's put in place.
The program will include a requirement that the owner of a permitted structural
BMP, submit annually to the local program, a maintenance inspection report on
each structural BMP. The inspections will be conducted by a qualified
' professional. A septic program will also be included.
7.5.13. Decision Process: We will adopt the State's BMP manual and use it for
1 guidelines to control the volume of Stormwater runoff. Adhering to the State's
guidelines and BMP's was our best option based on our small staff and limited
' resources.
7.5.14. Evaluation. Keep track of the number of permits issued and number of
enforcement actions taken. Deliver this information in the yearly report.
1
1
14
e
' 7.6. Pollution Prevention 1 Good Housekeeping for Municipal Operations
' 7.6.1. BMP Summary Table
I
1
1
Complete an In year one, inventory
Planning Director /
inventory of facilities owned by
X
Kevin L.. Krouse
facilities that will community and prioritize
be evaluated them for an environmental
through an audit. Report on number
environmental and type of facilities that
audit to determine you will audit.
potential pollution
contributions
2
Provide training
Beginning in year 1,
Public Works Director/
for those
provide training to all
X
X
X
X
X
Jamie Ramsey
employees that
employees who maintain
maintain the
the drainage system with a
drainage system
focus on floatables, grit,
with the focus on
sediment, and disposal of
floatables, grit,
pollutants removed from the
sediment, and
drainage system. Report
other pollutants
annually on number of
removed from the
employees trained and
sv"stem
subjects covered.
3
Inspect all
Initiate inspection of
Public Works "rector 1
materials storage
material storage facilities in
X
X
X
X
Jamie Ramsey
facilities to
year 2 and establish
determine priority
priorities for addressing
for reducing
issues identified Address
exposure to
corrective activity in next
stormwater
fiscal year unless high
hazard was identified
Report on number and type
of sites inspected and
actions taken in each annual
report
4
Inspect all
Initiate inspection of salt
Public Works Director 1
materials storage
storage facilities and
X
X
X
X
X
Jamie Ramsey
faciIit), and
application equipment in
application
year I. Identify problems
equipment
and address when found.
annually to
Report annually on
identify and
inspections and resulting
eliminate exposure
actions.
to stormwater
and/or inef%ctive
application.
Evaluate current
snow and ice
management
program & ensure
that ef%ctive
measures are in
place to minimize
contamination of
stormwater.
1
WJ
7.6.2. Affected Operations: Our Department of Public Works (DPW) is the only
municipal operation that requires a NPDES separate permit. (we no longer treat
' waste water) Our DPW is currently applying for this permit. This is the first year
required, therefore no permit numbers available.
7.6.3. Training: Training will be coordinated with the fire department.
7.6.4. Maintenance and Inspections: The city will implement Standard Operating
Procedures for its facilities that cover the correct method of conducting individual
operations at the facility. To reduce pollutants in the MS4, the City of Bessemer
City contracts street sweeping for all city maintained streets. Street
sweeping activities are regular, but are not scheduled. City employees clean
storm sewer piping on an as needed basis, at present. The City is hopeful that
it can set up a regular schedule of preventative maintenance operations for
the system in the first permit term.
7.6.5. Vehicular Operations: Contracted street sweeping is used on an as needed basis
to clean all City -maintained parking lots. Salt storage areas are covered under a
permanent structure.
7.6.6. Waste Disposal: All waste collected from the storm sewer system is deposited in
dumpsters, collected and hauled by a contracted waste disposal service to the
CMS Landfill.
7.6.7. Flood Management Projects: The City currently institutes development standards
to prohibit building in flood prone areas. The City's program coordinates with
FEMA on Flood control measures.
7.6.8. Existing Ordinances: Existing ordinances and programs are subject to review by
staff and City Council.
7.6.9. Other Evaluations: None
7.6.10. Decision Process: The pollution prevention plan was developed by recognizing
existing policies and practices that impact water quality and systematically
addressing each individually. The deficiencies in these policies were noted
and incorporated into the BMP's. important factors considered were the
requirement of employee training, Standard Operating Proceedures, and
documenting current functions of municipal operations that have impact on
water quality.
7.6.11. Evaluation: All inspections listed in BMP's will be conducted annually to ensure
Good Houskeeping measures are met. Annual records will be compared to
measure success.
16
FINANCE
OFFICER
NAT. GAS
SUPERVISOR
ASST. FINANCE
OFFICER
GAS SERVICE
CREW LEADER
CUSTOMER
SERVICE
GAS SERVICE
ECH
[--
METERING
UTILITIES
LOCATER
MAYOR S CITY COUNCIL
CITY MANAGER
ADMIN PERSNEL
ASST. ICITYOCLERK
PLANNING
PUBLIC WORKS
RECREATION
DIRECTOR
TREATMENT
DIRECTOR
DIRECTOR
OPERATIONS DIR
DE ENFORCEMEN
EQUIPMENT
RECREATION
LAB. TECH
OFFICER
MECHANIC
COORDINATOR
EQUIPMENT
REC/MAINT.
TREATMENT
OPERATOR
SUPERVISOR
PLANT OPERATOR
SANITATION
OFFICE AS
PLANT MAINT.
CREW LEADER
MECHANIC
MAINTENANCE
PRE SCHOOL
ORKER II
TEACHERS
EST-SS,,:11�, APPENDIX
r
City of Bessemer City
RESOLUTION
Authorization to Submit National Pollutant Discharge Elimination System Phase II
Permit Application and Stormwater Management Plan
WHEREAS, The United States Congress passed the Clean Water Act in 1972 and amended said Act in
1987 to address controls for pollution carried by stormwater;
WHEREAS, The Environmental Protection Agency (EPA) was authorized to define and proscribe a
program of measures to improve the quality of water in our national and state streams, rivers and water
bodies under the National Pollutant Discharge Elimination System (NPDES) and promulgated Phase II
rules on December 9, 1999 affecting communities and institutions under 100,000 population;
WHEREAS, the State of North Carolina is delegated by EPA to establish a regulatory program for NPDES
Phase 11 and has established rules and regulations as required;
WHEREAS, the City of Bessemer City has been notified of and is legally designated to comply with the
NPDES Phase 11 regulations as established by EPA and the State, requiring the submittal of a permit
application and stormwater management plan:
WHEREAS, the regulations require designation of the legally responsible party and authorization for
submittal of the application and stormwater management plan; and
WHEREAS, the City of Bessemer City supports the goals and objectives of the regulatory program to
provide a safe and healthy environment for all its citizens;
NOW THEREFORE, the City Council on this l0a' day of February in 2003, is hereby resolved to the
following:
The Mayor shall sign and submit on behalf of the City of Bessemer City, no later than March 10.
2003, the necessary documentation for compliance with the NPDES Phase II program
requirements as established by the State; and
I Allan W. Farris, and each successor serving as Mayor of Bessemer City, shall carry out all
necessary strategies and requirements as set forth in the stormwater management plan developed
and submitted as required by the NPDES Phase II regulations, to ensure compliance on behalf of
the City of Bessemer City.
This the 10"' Day of February, 2003.
ALLAN W. FARRIS
132 West Virginia Avenue • Bessemer City, NC 28016 • Phone: 704-629-2238 • Fax: 704-629-2237
1 1R,
DO
te, NC 28269
107
1
a y 3. 10, 2003
NERAL COURT OF
CAROLINA
tl H COURT DIVISION
1N COUNTY
f
ATTER OF THE
:L URE OF A DEED
WST EXECUTED BY
V. HOWELL AND
HOWELL DATED
5, 2002 AND RE-
N BOOK 3401 AT
259 IN -THE GASTON
Cy PUBLIC REGISTRY,
I ROLINA
:1 SALE
nt to an order of the
11
nor Court and un.
I virtue of the power
t ly contained to the
,nced deed of trusl
cause of default in the
,t of Ow indebtedness
J.aancl
snail failure to
clperformthe stipu-
greements therein
3d and, pursuant to de -
if the owner and holder
ledness secured by
I trust, the Under•
iPsttlu[e trustee will
rf r sale at public auc•
the highesl bidder for
usual place o1 sale
oy courthouse of sa-
1:00 PM on Thurs-
ory 13, 2003 the tol-
described real estate
ry other improvements
t situated thereon,
I Gaston County,
na, and being more
arly descriLed as IDI-
IARCEL OF LAND
NIA TOWNSHIP,
COUNTY, STATE
AS MORE FULLY DE-
=D IN DEED BOOK
IT AND BEING
RTICULARLY DE-
S THE FULL CON -
OF LOTS NUMBERS
D 24 OF THE R,D.
OPERTY AS SET
J THAT CERTAIN
3 ORDED IN PLAT
1 AT PAGE 178 OF
LSTON COUNTY REG-
1a more commonly
5802 West McFar-
venue Gastonia, NC
11 owner(s) of the
reflected on the
of the Register. 01
islare Henry V. Howell
ell
to b
to be offered pur-
r � is notice or sale is
tiered Ion sale, translor
o yance -AS IS,
Neitner the Trus-
t holder of the note
the dead o1
JaCK n (-a f rill, J r.
3526 Ballenhne Street
Hope Mills, NC 28348
Jim R. Funderburk
Attorney for the Estate
407 S. York Street
Gastonia, NC 28052
4C-February 3, 10, 17, 24.
2003
NOTICE IS HEREBY GIVEN
trial on 03106103, at 11:00 am
at U•Slore-It 528, 5921 Wi!-
kinson Btvd, Belmont, NC, The
undersigned, U-Slore-11 528 will
sett at Public Sale by competi•
five bidding, the personal prop-
erty herelolore stored with the
undersigned by:
SyMa b Lerees Blackwell
Until 024
Household items
Heather Costner Unite DC
Household items
Christopher Smoot Units F19
Household items
Joseph Ouade Unite 119
Household items
Joey Gntlith Unit# L33
Household items
Sharion Willis Unilp L7
Householtl items
Sylvia 8 Lerees Blackwell
Unrlx 030
Household items
Joseph Cuade Unit N 118
Household items
Valerie Shropshire Unit aG10
Household ilems
2C-February 3, 10. 2003
NOTICE OF SUBSTITUTE
TRUSTEE'S SALE OF REAL
ESTATE
Pursuant to the power of safe
contained in that Deed of Trust
executed by Khao
Mounmanivong and Lounny
Dethsy, dated the 261h day of
May, 2000. and recorded in the
Office of the Register of Deeds
for Gaston County. North Caro-
lina, in Book 3090, at Page 14,
and because of cletaull in the
payment of the indebtedness
thereby secured, and pursuant
to demand of the owner and
holder of the indebtedness se-
cured by said Deed of Trust,
the undersigned Substitute
Trustee will sell at public auc-
tion to ttte highest bidder at the
usual place of sale in the Gas-
ton County Courthouse. Gas-
tonia, North Carolina, at 2:00
o'clock p.m. on Cho IBM day of
February, 2003 the following
described real property, incAud-
ing all improvements thereon:
ADDRESS OF PROPERTY:
503 West Henry Street, Mt,
Holly, INC 28120,
LEGAL DESCRIPTION: BE-
ING a portion of Lot No, 328 of
the W.B. Puett property known
as section 2 o1 the Catawba
Heights Park as shown on and
described on a map or plat
APPENDIX - C AR -
Carol B, Wertz
J Ben Morrow. PA.
Attorney lot the Estate
312 South Chester Street
P.O. Box 116
Gastonia, N. C 28053-0116
4C-January 20, 27, 2DO3
February 3, 10, 2DO3
NOTICE OF EXECUTOR
NORTH CAROLINA
GASTON COUNTY
The undersigned, having quali-
fied as Executor of the Estate
of Eleanor L. Burch, deceased,
late of Gaston County, hereby
nottties all persons, firms, and
corporations having Claims
against the estate of said dece-
dent to exhibit them to the un-
dersigned on or before May 5,
2D03, or this notice will be
pleaded in bar of their recovery
All persons firms, and corpora-
tions indebted to the said Es.
tale will please make immedr
ate payment to the under-
signed.
This the 3rd day of February,
2003.
Charles Jaynes Burch, Jr.,
Executor
Estate of Eleanor L Burch
Card B, Wertz
J. Ben Morrow, P.A.
Attorney for the Estate
312 South Chester Street
P.O. Box 116
Gastonia, N. C. 28053-0116
4C-February 3, 10, 17, 24.
2003
NOTICE OF EXECUTOR
NORTH CAROLNNA
GASTON COUNTY
The undersigned, staving quali-
fied as Executor of the Estate
of Manly Leroy Hoffman, de•
ceased, late of Gaston County,
hereby notifies all persons,
fim'Ls, and corporations having
claims against the estate of sa-
id decadent to exhiba them to
the undersigned on or before
May 12, 2003, or this notice will
be pleaded in bar o1 their recov-
ery. All persons firms, and cor-
porations indebted to the said
Estate will please make imme-
diate payment to the under-
signed.
This the SDth day of February,
2003,
Branch Banking and Trust,
Executor Estate of Manly Lamy
Hotiman
2DO South College Street
Charblle, NC 28202.2005
Carol B. Wertz
J, Ben Morrow, P.A.
om-
inst
oro•
re-
ntiff
r5 an absolute drvorce, based
upon the grounds of one years
continuous separation,
You are required to make de-
fense to said Complaint on or
before February 20, 2003. or
the parties seeking relief
against you will apply to the
Court rot relief sought.
This the 201h day of January,
2003.
J. Thomas Munn
Attorney for the Plaintiff
140 W. Trade Street
P.O, Box 459
Dallas, NC 28034
Telephone: 7D4-922.1222
3C.January 27, 2003
February 3, 10, 2003
Public Hearing Notice
The Board of Commissioners
for the Town o1 Cramenon will
told a Public Hearing Tuesday,
February 251h. 2D03 at 7:00
p.m. at Town Hall to take public
comment on a proposed text
amendment to the Land Devel-
opment Code 10 allow the use
of Class A Manufactured
Homes in the R-2 zoning dis-
Ind only.
The Town of Crarnenon does
not chscnminate on the basis of
ftabilrty. It you need an auxil-
iary aid or service or other ac-
commodation in order to attend
or futiy participate at this meet-
ing, please contact the Town
Gerks office at 8244337 as tar
in advance as possible so that
your request can be consid-
ered.
Leann Ellis
Town Clerk
PUBLIC HEARING NOTICE
The following Public Hearing
will be held before the Besse-
mer City Council on Monday
ebruary 24, 2003 at SAO PM.
he hearing will be held in Me
essemer City Council Cham-
rs, 132 W. Virginia Avenue.
essemar City. NC.
e purpose of the hearing is
accept pudic comment on
ssemer City's NPDES
ase II permit application and
rrmwater Management Pro-
,11 interested persons are
rged to attend the hearing.
[elated documentation is
vailable for review in the Plan-
ing Directors office dunng reg•
lar business tours.
evin L. Krouse
tanning Director
C-February 10, 2003
sell for $100. Uall
704-823.0153
Ceiling Fan
POLISHED BRASS never
been opened, $45.Do. Celt
7W-8254343
CLEAN LEAVES
From gullets, most homes $25
dollars Call704-735-4256.
EAST MAIN Hair 8 Tanning
Salon-1DO Minutes, $10.
1DDO Minutes, $90. Call
704.922.9333 Booth For Pent.
FIREPLACE INSERT with
blower, solid steel, approxi•
melely 36 inches wide, 5300
Cali 704.824.3701.
Firewood
Split & Seasoned
704.86&0216 or 813.3350
FOR SALE - 2 seater all terrain
foo kart: Christmas gofL Paid
400: new condition.
704-823-8976,
GOLF CART 1992 Easy Go
wAop d back seat. Runs good,
boles good, very good tires.
$1,200 Call 704-713-8411
HARLEY
DAVIDSON
Telephone, new, still in box.
S35. Cali 704-922-1122.
LADIES WIG new. short,
brawn, Very neat permanently
styled. Easy to wear A care lot.
Adiuslable net w/Styrotoam
head for storage. Life weight
natural look $45. Call
704.263-2M
Like To Ski?
SNOW SKIS and skips $75,00
or best offer. Call 704.736.1038
MIKE BURGESS Trucking d
Paving. Driveways. Free esb-
mates, Owner Operator. Tired
of dust? Il ke 7D4-6n-5285
PORTABLE DISHWASHER --
Like New, $75. GAS HEAT-
ER— Shop Type, 30.000 BTU,
Electronic ignition, $175. Call
704-864.0505. gam-9pm
704-869-1750
no
the Gazette Classifieds,
You'll love our deals
Utility Building
Children's Playho
8xl0 with 4-tool cowered
White vinyl siding wl wt
3 door, $575 firm Yok:
Stanley Call 704.509.682
Utility Building
Builder's
Check -Point
New 12x 16, ircluclr^
overhang, S999.9?
FREE delivery,
t-B00.232.8453, Garr
Weight Set
300 Ib Olympic weights
ring S100 Call (704)73Cr$:
Wholesale
Ladies Clothii
• Tops
• Pants
• Dresses
• Jackets
Call Chnssy
fair apporntmen;
M-F, 10am-3pm
704-865-6331
WOLF TANNING Beds 3
trot bulbs- Seleltrade lot
value. Salon equipment to
also, good price. 704-823
r�_
CtESSoRY
Waiter Payn
says
he had doubt
that he woult
sell his kids
bunk bed
bedroom sus.
but immediate
he started
getting calls ai
he sold
everything!
"That's proof
positive
it works!"
The Gaston
Gazette!!
Call Classifie[
Today
704-869-1741
I
euazeo uolseO ayl • EOOZ 'OT AierlJgaj 'Aepuoyy