NCS000542_Henderson NOV-2020-PC-0275_20200626

STATE c �7
ROY COOPER n
Governor
MICHAEL S.REGAN ` *E 'a 1* ,
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
June 26,2020
CERTIFIED MAIL 7008 1300 0000 1125 9553
RETURN RECEIPT REQUESTED
City of Henderson
Attn: Mr. E. Terrell Blackmon, City Manager
P.O. Box 1434
Henderson,NC 27536
Subject: NOTICE OF VIOLATION(NOV-2020-PC-0275)
City of Henderson
NPDES MS4 Permit No.NCS000542
Vance County
Dear Mr. Blackmon:
On December 16, 2019, staff from the North Carolina Department of Environmental Quality(DEQ)
conducted a compliance audit of the City of Henderson's(City)National Pollutant Discharge Elimination
System(NPDES)Municipal Separate Storm Sewer System(MS4)Permit. For your reference, a copy of
the MS4 Program Audit Report issued by DEQ is enclosed with this notice. This report lists and
describes the serious deficiencies with certain components of the MS4 permit,which constitutes a
violation of the Clean Water Act and is grounds for enforcement action.
hi accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be issued in
response to the audit. To address the MS4 permit deficiencies,the City is required to complete the
following actions:
(1) Respond in writing within thirty(30)calendar days from the date of receipt of this notice to
acknowledge these requirements and the intent to comply.
(2) Adopt a Council Resolution within sixty(60) calendar days from the date of receipt of this
notice. The resolution must declare support for a compliant stormwater management program.
A sample council resolution with the minimum requirements is enclosed with this letter. An
original signed document must be submitted to DEQ.
(3) Submit documentation for review and comment within one hundred twenty(120) calendar days
from the date of receipt of this letter:
a. Conduct a self-audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part II Section B: Public Education and Outreach; Section C:
Public Involvement and Participation; Section E: Construction Site Runoff Controls; and
Section H: Total Maximum Daily Loads. The self-audit must be documented utilizing
the DEQ standard MS4 Permit Compliance Audit Report Template.
DEQ North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Raleigh Regional Office 11628 Mail Service Center 13800 Barrett Drive I Raleigh,North Carolina 27609
Ou NA NORTH rAR
o.P, m, r` /� 919.791.4200

b. Develop a Draft Stormwater Management Plan(SWMP)which details specific actions,
measurable goals, and implementation timelines to bring the stormwater management
program into compliance with NPDES MS4 requirements over the new 5-year permit
term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP
Template. The SWMP must address all known compliance deficiencies including, at a
minimum,the items detailed in the DEQ MS4 Program Audit Report and the City self-
audit.
(4) Submit an NPDES MS4 permit application within thirty(30)days of receiving written DEQ
concurrence that the submitted Draft SWMP documents a compliant stormwater management
program. A new 5-year NPDES MS4 permit will be public noticed along with the submitted
SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ approval
and final permit issuance. The final DEQ-approved SWMP shall become an enforceable
component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Alaina.Morman(cncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Alaina Morman
1612 Mail Service Center
Raleigh,NC 27699-1612
If the City fails to meet the aforementioned requirements and/or submits a significantly noncompliant
Draft SWMP,DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000)per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit[North Carolina General Statute 143-215.6A].
Please note that compliance with the requirements of this NOV and/or issuance of civil or criminal
penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case
against the City.
Thank you for your attention to this matter. Should you have any questions,please contact Alaina
Morman at(919) 707-9236 or Alaina.Morman(kncdenr.gov.
Sincerely, J'
W X��4 �I -
L;t-z-
William H. Denton,IV,PE,Regional Engineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report(6-18-20, City of Henderson)
Copy of NPDES MS4 Permit No.NCS000542
6-26-20 Memo Re: Rescission of MS4 Automatic Extension Status Under COVID-19
Sample Council Resolution
cc: Clark Thomas,PE, City Engineer
Jeanette Powell,DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File