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HomeMy WebLinkAboutNCS000417_Ranlo NOV-2020-PC-0352_20200831ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director CERTIFIED MAIL RETURN RECEIPT REQUESTED NORTH CAROLINA Environmental Quality August 31, 2020 70191640 00013337 8829 Town of Ranlo Attention: Mr. Jonathan D. Blanton, Town Manager 1624 Spencer Mountain Road Gastonia, North Carolina 28054 Subject: NOTICE OF VIOLATION (NOV-2020-PC-0352) Town of Ranlo NPDES MS4 Permit No. NCS000417 Gaston County Dear Mr. Blanton: On August 4, 2020, staff from the North Carolina Department of Environmental Quality (NCDEQ) conducted a compliance audit of the Town of Ranlo 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 NCDEQ 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 NCDEQ policy, a new 5-year MS4 permit will be issued in response to the audit. To address the MS4 permit deficiencies, the Town 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 NCDEQ. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 ae•mm.•�a�.+mm•m•ia•i� /'� 704b63.1699 Notice of Violation Town of Ranlo August 31, 2020 Page 2 of 3 (3) Submit documentation for review and comment within one hundred twenty (120) calendar days from the date of receipt of this letter: a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the permit conditions found in Part II Section F: Post -Construction Site Runoff Controls; Section H: Total Maximum Daily Loads. The self -audit must be documented utilizing the NCDEQ standard MS4 Permit Compliance Audit Report Template. b. Develop a Draft Stormwater Management Plan (SWMP) which details specific actions, measurable goals, and implementation timelines to bring the stormwater management program into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP must be documented utilizing the NCDEQ Phase II MS4 SWMP Template. The SWMP must address all known compliance deficiencies including, at a minimum, the items detailed in the NCDEQ MS4 Program Audit Report and the Town self -audit. (4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written NCDEQ 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 NCDEQ approval and final permit issuance. The final NCDEQ-approved SWMP shall become an enforceable component of the NPDES MS4 permit. Required documentation shall be submitted via e-mail to Isaiah.Reedra)ncdenr.gov, or to: DEQ-DEMLR Stormwater Program Attention: Isaiah Reed 2090 U.S, Highway 70 Swannanoa, North Carolina 28778 If the Town fails to meet the aforementioned requirements and/or submits a significantly noncompliant Draft SWMP, NCDEQ may proceed with enforcement. As is stated in Part V, Section A. I (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 NCDEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Notice of Violation Town of Ranlo August 31, 2020 Page 3 of 3 Thank you for your attention to this matter. Should you have any questions, please contact Isaiah Reed at (828) 296-4614 or Isaiah. Reed cgncdenr.gov. Sincerely, 3-1� S. (.e, Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Division of Energy, Mineral & Land Resources Enclosures: NCDEQ MS4 Program Audit Report (August 4, 2020, Town of Ranlo) Copy of NPDES MS4 Permit No. NCS000417 Sample Council Resolution cc: Jonathan Blanton, Town Manager iblaiitoii@townofranio.org Jeanette Powell, DEMLR MS4 Program Coordinator, Alaina Morman, DEMLR Stormwater Compliance & Enforcement DEMLR NPDES MS4 Permit Laserfiche File