NCS000558_Benson MS4 NOV-2020-PC-0082_20200320

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Acting Direc tor -
NORTH CAROLINA
Environmental Quality
March 18, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1391
RETURN RECEIPT REQUESTED
Town of Benson
Attn: Frederick Nelson, Interim Town Manager
303 East Church Street
Benson, NC 27504
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0082)
Town of Benson
NPDES MS4 Permit No. NCS000558
Johnston County
Dear Mr. Nelson:
On December 18, 2019, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Benson National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your
reference, a copy of the MS4 Program Audit Report issued by DEQ is enclosed with this notice.
This report lists and describes the serious deficiencies with certain components of the MS4
permit, which constitutes a violation of the Clean Water Act and is grounds for enforcement
action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the Town of Benson 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:
North Carolina Department of Environmental Quality j Division of Energy, Mineral and Land Resources
512 North Salisbury Street ; 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
nenx ,e6tos rz isneDtai8nelVtg E?19107.9200

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;
Section. The self -audit must be documented utilizing the DEQ standard MS4 Pen -nit
Compliance Audit Report Template.
b. Develop a Draft Stormwater Management Plan (SWMP) which details specific actions,
measurable goals, and implementation timelines to bring the stormwater management
program into compliance with NPDES MS4 requirements over the new 5-year pen -nit
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 Town of
Benson 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 palil.clark,. x nedenr.g or to:
DEQ-DEMLR Stormwater Program
Attn: Paul Clark
1612 Mail Service Center
Raleigh, NC 27699-1612
If the Town of Benson fails to meet the aforementioned requirements and/or submits a
significantly noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in
Part V, Section A.1(c) of the permit:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25, 000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit [North Carolina
General Statute 143-215.6A]. Please note that compliance with the requirements of this
NOD and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.

Thank you for your attention to this matter. Should you have any questions, please contact Paul
Clark at [phone] or paul.clarkL&ncdenr.gov.
Sincerely,
/-./ �xL
Paul Clark
Water Supply Watershed Protection Coordinator
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (12/18/2019, Benson)
Copy of NPDES MS4 Permit No. NCS000558
Sample Council Resolution
cc: Tim Robbins, Public Utilities Director
Kim Pickett, Assistant Town Manager
Erin Joseph, Planning Director
Jerry Medlin, Mayor
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File