NCS000502_NOV-2021-PC-0208_20210331

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRIAN WRENN
Director
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NORTH CAROLINA
Environmental Quality
March 31, 2021
CERTIFIED MAIL 7017 1450 00016450 6544
RETURN RECEIPT REQUESTED
City of Trinity
Attn: Debbie Hinson - City Manager
PO Box 50
Trinity, NC 27370
Subject: NOTICE OF VIOLATION (NOV-2021-PC-0208)
City 'of Trinity
NPDES MS4 Permit No. NCS000502
Randolph County
Dear Debbie Hinson:
On March 23, 2021, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of subject National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The audit identified
minor deficiencies with the specific components of the MS4 permit that were reviewed, as
provided in the attached DEQ MS4 Permit Compliance Audit Report. This report lists and
describes the serious deficiencies with certain components of the MS4 permit, which
constitutes a violation of the Clean Water Act and is grounds for enforcement action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the City of Trinity 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.

Notice of Violation
City of Trinity
March 31, 2021
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. The Illicit Discharge Detection and Elimination Program Plan, as required in
Part II, Section A.7. and Section D.2.a. of the current permit.
b. The MS4 Operation and Maintenance Program Plan, as required in Part II,
Section A.7. and Section G.21 of the current permit.
c. The Municipal SCM Operation and Maintenance Program Plan, as required in
Part II, Section A.7. and Section G.2.h. of the current permit.
d. 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. The self -audit must be documented
utilizing the appropriate sections of the DEQ standard MS4 Permit Compliance
Audit Report Template.
e. 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 of Trinity 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 [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
If the City of Trinity 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:

Notice of Violation
City of Trinity
March 31, 2021
Page 3 of 3
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 notice 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
Zac Lentz at [phone] or [e-mail].
Sincerely,
Tamera Epli ; PE
Regional Engineer
Land Quality Section
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
ec: Matt Gantt, PE, Section Chief, Regional Operations([e-mail])
Toby Vinson, PE, CPESC, CMP, Section Chief, Program Operations
([e-mail])
Jeanette Powell, DEMLR MS4 Program Coordinator ([e-mail])
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
([e-mail])
DEMLR NPDES MS4 Permit Laserfiche File