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HomeMy WebLinkAbout04 - Illicit Discharge Detection and Elimination Plan Illicit Discharge Detection and Elimination Plan City of Raleigh Stormwater Management Divison January 2022 i Table of Contents List of Acronyms ...................................................................................................................... iii List of Definitions ..................................................................................................................... iv 1 Introduction ................................................................................................................... 6 1.1 Purpose of Document .......................................................................................... 6 1.2 Regulatory Context .............................................................................................. 6 1.2.1 NPDES MS4 Permit ................................................................................. 6 1.2.2 City Illicit Discharge Ordinance ................................................................. 7 1.2.3 Allowable Non-Stormwater Discharges .................................................... 7 1.3 Related Regulatory Programs .............................................................................. 8 1.3.1 Nutrient Sensitive Waters ......................................................................... 8 1.3.2 Total Maximum Daily Loads ...................................................................... 9 2 Organization, Roles, and Responsibilities ................................................................... 9 2.1 City Organization ................................................................................................. 9 2.2 Roles and Responsibilities ................................................................................. 10 2.2.1 Stormwater Management Division .......................................................... 10 2.2.2 Other City Divisions and Departments .................................................... 10 2.2.3 Non-City Entities ..................................................................................... 12 3 Tracing Flow Paths of Discharged Substances......................................................... 14 3.1 Available Information and Tools ......................................................................... 14 3.2 MS4 Base Map .................................................................................................. 14 3.3 Stormwater Outfalls ........................................................................................... 15 3.4 Receiving Waters ............................................................................................... 15 4 Illicit Discharge and Illicit Connection Response and Documentation.................... 15 4.1 Intake of Notifications ......................................................................................... 15 4.2 Response and Investigation ............................................................................... 16 4.2.1 Enforcement Actions .............................................................................. 16 4.3 Safety ................................................................................................................ 16 4.4 Documentation and Closeout ............................................................................. 17 4.5 Reporting Requirements .................................................................................... 17 5 Dry Weather Flow Inspection ...................................................................................... 21 5.1 Inspection Protocols ........................................................................................... 21 5.2 Response and Investigation ............................................................................... 21 5.3 Documentation ................................................................................................... 21 6 Training, Education, and Outreach ............................................................................ 21 6.1 Stormwater Management Staff ........................................................................... 21 6.2 Other City Staff .................................................................................................. 21 6.3 General Public ................................................................................................... 22 7 Program Evaluation and Reporting ............................................................................ 22 7.1 Effectiveness Evaluation .................................................................................... 22 7.2 Annual Reporting ............................................................................................... 22 8 Revision History .......................................................................................................... 23 ii 9 References ................................................................................................................... 24 Figures Figure 1 City of Raleigh Organization ........................................................................................ 10 Figure 2 Stormwater Management Division Notification and Enforcement Decision Tree .......... 20 Tables Table 1 Summary of EPA-Approved TMDLs or Nutrient Management Strategies ........................ 8 Table 2 Other City Departments Involved in IDDE Response .................................................... 11 Table 3 Other Responsible Entities ........................................................................................... 13 Table 4 Reporting Thresholds ................................................................................................... 18 iii List of Acronyms BMP Best Management Practice City City of Raleigh EPA U.S. Environmental Protection Agency ETJ GIS Extra Territorial Jurisdiction Geographic Information System HUC Hydrologic Unit Code IDDE Illicit Discharge and Detection and Elimination MS4 Municipal Separate Storm Sewer System NCDEQ North Carolina Department of Environmental Quality NCDOT North Carolina Department of Transportation NCDWR North Carolina Department of Water Resources NCSU North Carolina State University NOV Notice of Violation NPDES National Pollutant Discharge Elimination System NSW Nutrient Sensitive Waters PPE personal protection equipment PPGH Pollution Prevention and Good Housekeeping RFD Raleigh Fire Department ROW Right-of-Way SCM stormwater control measure SOP standard operating procedure SPPP SWMP Site Pollution Prevention Plan Stormwater Management Plan SWPPP Stormwater Pollution Prevention Plan SWS Solid Waste Services UDO Unified Development Ordinance USGS United States Geological Survey TMDL Total Maximum Daily Load WLA Waste Load Allocation iv List of Definitions Dry Weather Flow: Any observable flow in a stormwater drainage pipe that may occur 72 hours or greater after a rain event of less than 0.10 inch. Dry weather flows can include groundwater, discharge from sump pumps or French drains, air conditioning condensate, car wash runoff, or illicit connections to the stormwater conveyance system. Illicit Connection: Any unlawful connection which allows the discharge of non-stormwater to the stormwater conveyance system or waters of the State in violation of the Illicit Discharge Ordinance as defined in the City of Raleigh Illicit Discharge Ordinance. Illicit Discharge: Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance other than stormwater into a stormwater conveyance, the waters of the State, or upon the land in such proximity to the same, such that the substance is likely to reach a stormwater conveyance or the waters of the State, as defined in the City of Raleigh Illicit Discharge Ordinance. Illicit Discharge Ordinance: City of Raleigh Code of Ordinances, Chapter 5 Offenses Against the Environment, Section 13-5001, Ordinance No. 1995-573, §2, 3-7-95. Major Outfall: Major municipal separate storm sewer outfall (or ``Major MS4 Outfall''), as defined by the City of Raleigh NPDES Permit NCS000245 and the NCDEQ, means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). Municipal Separate Storm Sewer System (MS4): as defined by the Illicit Discharge Ordinance, is a stormwater conveyance or unified stormwater conveyance system (including without limitation: roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels, or storm drains), that: (1) Is located within the corporate limits of Raleigh, North Carolina; and (2) Is owned or operated by the State, County, the City, or other public body; and (3) Discharges to waters of the State, excluding publicly owned treatment works, and lawful connections thereto, which in turn discharge into the waters of the State. Receiving Waters: As defined by the State of North Carolina General Statutes (G.S.) 143-212(6), are surface waters within or flowing through the boundaries of the State of North Carolina including the following: any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof that is identified as “Receiving Waters” in the City’s Stormwater Management Plan. v Responsible Party: Party determined as financially culpable, the cause, and/or the source of an illicit discharge or an illicit connection. Stormwater Control Measure (SCM): As defined in 15A NCAC 02H .1002, also known as Best Management Practice (BMP), a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration, or mimic the natural hydrologic cycle by promoting infiltration, evapotranspiration, post-filtration discharge, reuse of stormwater, or a combination thereof. Stormwater Conveyance (System): Any feature or system of features, natural or man-made, that collects and transports stormwater, including but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made and natural channels, pipes, culverts, and storm drains, and any other natural or man-made feature or structure designed or used for collecting or conveying stormwater, as defined in the City of Raleigh Illicit Discharge Ordinance. Waters of the State: Surface waters within or flowing through the boundaries of the State including the following: any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series topographic maps. Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the State and which are not the result of impoundment of waters of the State, are not waters of the State, as defined in the City of Raleigh Illicit Discharge Ordinance. 6 1 Introduction The City of Raleigh (City) is identified as the Permittee in National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Number NCS000245. The current iteration of this permit became effective October 10, 2018 and extends through October 9, 2023. This permit authorizes the City to discharge stormwater from the City’s MS4 to receiving waters of the State within the Neuse River Basin. The City’s Stormwater Management Plan (SWMP) establishes the methods by which the City implements the permit requirements for complying with six minimum control measures for protecting receiving stream water quality and controlling the discharge of pollutants associated with stormwater runoff and illicit discharges to the extent allowable under State and local law. 1.1 Purpose of Document This document describes the City’s program plan to implement an Illicit Discharge and Detection and Elimination (IDDE) program that systematically finds and eliminates sources of non-stormwater discharges to its MS4 and implement procedures for preventing such discharges. In conjunction with this document, the following Standard Operating Procedures (SOPs) support the City’s IDDE program: • SW-100 Internal Illicit Discharge Detection and Elimination SOP, May 17, 2021 • SW-101 Managing Spills which Threaten to Enter the Stormwater Conveyance System, December 1, 2020 • SW-102 Interdepartmental SOP for Managing Spills, December 1, 2020 • SW-103 Outfall Inspection for Illicit Discharge Detection SOP, January 5, 2022 1.2 Regulatory Context The following NPDES permit, the Raleigh City Code, and specific State of North Carolina programs provide the regulatory context for the IDDE program plan, prioritization, and implementation requirements. 1.2.1 NPDES MS4 Permit The City’s NPDES MS4 Permit, Part II, Section D (“Illicit Discharge Detection and Elimination (IDDE)), requires the City to: • 1(a) Detect and eliminate illicit connections and discharges, including preventable spills and illegal dumping to the Permittee’s MS4; • 1(b) Implement appropriate enforcement procedures and actions; • 1(c) Maintain a map showing the permittee’s major outfalls to state waters receiving discharges; and 7 • 1(d) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 1.2.2 City Illicit Discharge Ordinance The Stormwater Management Division is authorized to implement its IDDE Program through the City of Raleigh City Code, Chapter 5 Offenses Against the Environment, Section 13-5001, Ordinance No. 1995- 573, §2, 3-7-95. This chapter is known and may be cited as the City of Raleigh’s “Illicit Discharge Ordinance.” The Illicit Discharge Ordinance gives the City legal authority to protect public health, safety, and welfare by controlling the discharge or pollutants into the stormwater conveyance system, and to also satisfy the requirements imposed upon the City under its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) discharge permit issued by the NCDEQ. It also establishes administrative and enforcement procedures through which the above purposes can be fulfilled. The Illicit Discharge Ordinance can be accessed via the City’s Municode website: https://library.municode.com/nc/raleigh/codes/code_of_ordinances. 1.2.3 Allowable Non-Stormwater Discharges The City of Raleigh’s Illicit Discharge Ordinance allows non-stormwater discharges from the following activities if they do not significantly impact water quality: (1) Declorinated swimming pool discharges; (2) Discharges from potable water sources; (3) Condensate from residential or commercial air conditioning; (4) Residential and non-profit vehicle washing; (5) Water line flushing; (6) Discharges associated with emergency removal and treatment activities, for hazardous materials, authorized by the federal, State, or local government on-scene coordinator; (7) Uncontaminated ground water [including the collection or pumping of springs, wells, or rising ground water and ground water generated by well construction or other construction activities]; (8) Collected infiltrated stormwater from foundation or footing drains; (9) Collected ground water and infiltrated stormwater from basement or crawl space pumps; (10) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200); (11) Street wash water; (12) Flows from emergency fire fighting; (13) Discharges from the pumping or draining of natural watercourses or waterbodies; (14) Flushing and cleaning of stormwater conveyances with unmodified potable water; 8 (15) Flows from riparian habitats and wetlands; (16) Diverted stream flows; (17) Placing leaves at the curbside for the City's residential seasonal leaf collection program; (18) Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; and (19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by NCDENR, provided that any such discharges to the municipal separate storm sewer system shall be authorized by the City. 1.3 Related Regulatory Programs The following restoration strategies have been established in response to assessed impairments of Waters of the State and will be considered in IDDE planning, response, and outreach programs. Table 1 describes a brief overview of these EPA-approved Total Maximum Daily Loads (TMDL) and nutrient management strategies. Table 1 Summary of EPA-Approved TMDLs or Nutrient Management Strategies Water Body Name TMDL Pollutant(s) of Concern Assigned Numeric MS4 WLA (Y/N) Water Quality Recovery Program (Y/N) Pigeon House Branch Copper and Fecal Coliform No No Perry Creek Benthos No No Falls Lake Nitrogen and Phosphorus No City participating in 4B nutrient management strategy Neuse River Estuary Nitrogen No City is implementing the State Nutrient Sensitive Waters Management Strategy 1.3.1 Nutrient Sensitive Waters All waters of the Neuse River Basin are supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A North Carolina Administration Code (NCAC) 02B .0223 due to excess nutrient inputs. The following strategies have been established in response to this classification. Falls Nutrient Strategy The Falls of Neuse reservoir, and all waters draining to it, have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02B .0101(e)(3) and 15A NCAC 02B .0223. The Falls Nutrient Strategy classifies the waterbody’s uses and maintains and enhances protections currently implemented by the local governments, including the City of Raleigh. Neuse Nutrient Strategy 9 The Neuse River estuary, ending in the Pamlico Sound, and all water draining to it, have been supplementally classified as NSW pursuant to 15A NCAC 02B .0223. The Rule and Rules 15A NCAC 02B .0711 and .0715 were established to attain designated uses of the Neuse River estuary with respect to meeting nutrient-related water quality standards. The Neuse nutrient strategy rules require controls to reduce nitrogen loads from significant sources of this nutrient throughout the Neuse Basin. These rules do not address sources for which there is insufficient scientific knowledge to base regulation. Additional information is provided in Sections 2.5 and 8 of the Stormwater Management Plan (SWMP). 1.3.2 Total Maximum Daily Loads The EPA has identified two Total Maximum Daily Loads (TMDLs) in the Upper Neuse River Basin within the City’s MS4 as part of the assessment performed and presented in the Section 303(d) list of impaired waters, according to their priority ranking. These TMDLs are briefly described below: Pigeon House Branch On the draft 2002 North Carolina Integrated Report, the NCDEQ identified a 2.9-mile segment (27-33- 18) of Pigeon House Branch in the Neuse Basin as impaired by fecal coliform bacteria and copper. The impaired segment extends from the stream’s source to its confluence with Crabtree Creek, and was monitored at the station along Dortch Street near Wade Ave. Perry Creek The NCDEQ established a TMDL to address impaired biological integrity in the Perry Creek Watershed on May 13, 2010, with the goal to improve the watershed ecosystem through stormwater BMPs and restore the beneficial uses of the waterbody. The TMDL applies to the entire Perry Creek watershed that comprises a drainage area of 11 square miles. Based on a weight of evidence analysis for the Perry Creek watershed, the two most important factors contributing to impairment are scour and habitat degradation. Additional information is provided in Section 2.5 SWMP and the EPA-approved TMDL(s). 2 Organization, Roles, and Responsibilities 2.1 City Organization The organizational structure of the City includes a governing body, City Manager, and multiple City departments, all of which are supported by the City Attorney’s Office, organized as shown in Figure 1. 10 Figure 1 City of Raleigh Organization 2.2 Roles and Responsibilities All City employees have a responsibility to identify, and report observed illicit discharges to appropriate staff. While the Stormwater Management Division implements the IDDE program, several other departments have roles and responsibilities in regard to illicit discharge detection and elimination. 2.2.1 Stormwater Management Division The Stormwater Management Division, housed within the Engineering Services Department, is responsible for NPDES MS4 permit compliance, implementation of the IDDE program, and enforcement of the Illicit Discharge Ordinance. The Stormwater Management Division includes programs and staff that support a wide range of stormwater initiatives, including plan review and active construction inspection, stormwater fee billing, asset management, drainage and water quality CIP project management, public education and outreach, and water quality. An organization flow chart of the Stormwater Management Division is maintained and located here: Stormwater Management Division Organization Chart, and provides the total number of current staff, the breakdown of each program within the division, and general roles within those programs. Specifically, Water Quality staff is responsible for implementing the IDDE program and acting as the lead for illicit discharge response, investigation, coordination, and enforcement actions as defined in the City’s Illicit Discharge Ordinance. These responsibilities are further detailed in Sections 3 and 4 of this document. 2.2.2 Other City Divisions and Departments Several City departments play a role in IDDE and coordinate with Water Quality staff. See Table 2 for a list of other City departments that are involved with IDDE response and IDDE events. More detail is provided below on their respective responsibilities and coordination with other departments. 11 Table 2 Other City Departments Involved in IDDE Response City Department IDDE Event Public Utilities Public Sanitary Sewer Overflow (SSO) Transportation/Transportation Field Services Illicit discharges in the MS4, primarily in the City’s right-of- way (i.e. City streets) Public Utilities Private SSOs and cleanout overflows impacting or with potential to impact surface waters Public Utilities Water lines/service connections Public Utilities Fats, oils and grease (FOG) in sanitary sewers Housing and Neighborhoods Dumping, trash, and SSOs that Stormwater staff determine have no potential to impact surface waters Raleigh Fire Department HAZMAT concerns and RFD response to vehicle accidents/fires Parks, Recreation and Cultural Resources Illicit discharges on or reaching parks properties Solid Waste Services Illicit discharges caused by trash trucks on City streets or on Solid Waste Services properties Raleigh Fire Department (RFD) is the City’s first responder and provides HAZMAT response capabilities. When called on to support responses to spills and other discharges, RFD staff typically secure the scene and assist responsible parties with containing a spill until a remediation contractor can begin clean-up. Transportation Department, Transportation Field Services references the MS4 Operation and Maintenance Plan to respond to complaints, prioritize repairs, and conduct routine inspections of stormwater assets throughout the City. This workgroup regularly notifies Water Quality staff of possible illicit discharges and can assist with remediation efforts for spills on City property or with the City Right of Way (ROW) when a responsible party is not known. Public Utilities respond to all public Sanitary Sewer Overflows (SSOs). Their response includes initial assessment, containment, emergency repair, and notification to NCDEQ. Public Utilities also provides a list of SSOs that reach surface waters to Water Quality staff for tracking and annual reporting to NCDEQ. Public Utilities, Fats, Oils and Grease regulate and inspect grease traps and oil/water separators throughout the City. This workgroup notifies Stormwater Quality staff of any impacts observed during their inspections and routinely pursues enforcement actions in the event of grease spills. Public Utilities also inspects, responds to, and repairs water line breaks that have the potential to become an illicit discharge. Housing and Neighborhoods responds to public nuisance complaints and pursues enforcement actions for municipal code violations. In the event of a private sanitary sewer tap failure or a potential illicit discharge has been observed, Housing and Neighborhoods staff will notify Water Quality staff. 12 Solid Waste Services (SWS) Department supports a large fleet of waste collection and transfer vehicles that transverse the City daily. Department staff respond to any spills that occur in the Right of Way (ROW), by assessing the situation, containing the spill, and contracting with a remediation company to complete any necessary cleanup. Water Quality staff are notified of any spills that occur by SWS staff and regularly provide technical assistance during the site remediation. Other City departments, such as Parks, Recreation and Cultural Resources, have department-specific spill guidance and staff designated to prevent, mitigate, and respond to illicit discharges and spills. In addition, City facilities that have a site-specific Stormwater Pollution Prevention Plan (SWPPP) or Site Pollution Prevention Plan (SPPP) have spill response guidance included in their respective site plan. The City also has a Citywide Spill Response Guidance document that applies to all City departments. The Citywide Spill Response Guidance document and SWPPPs and SPPPs are requirements of the Pollution Prevention and Good Housekeeping (PPGH) program, defined by Section G of the City’s NPDES permit. Refer to the PPGH Plan for additional information. This document requires that all departments that have a spill or observe a possible illicit discharge to contact Stormwater Quality staff via 919-996-3940 or illegaldischarge@raleighnc.gov. 2.2.3 Non-City Entities Several adjacent municipalities, corporate entities, and enforcement authorities carry sole responsibility or additional responsibilities when dealing with IDDE. The City’s MS4 is interconnected with two regulated MS4s that accept and convey stormwater runoff to and from the North Carolina Department of Transportation (NCDOT) and North Carolina State University (NCSU) separate storm sewer systems. There are multiple points of interconnection between the City’s system and NCDOT’s system, and between the City’s system and NCSU’s system - primarily at the edges of the roadway rights-of-way. Coordination is conducted by the City’s Water Quality staff’s illicit discharge coordinators and the non-City MS4 representatives when an Illicit discharge event occurs and interconnect between jurisdictions, and actions are performed as identified in Sections 3 and 4 of this document. All investigations, responses and correspondence is performed by the illicit discharge coordinators and Water Quality staff and documented as required. All non-City MS4 permit holders are responsible for compliance with their respective NPDES permit during an illicit discharge event and reporting requirements with NCDEQ. Table 3 provides a summary list of these entities and a brief description of the typical illicit discharge event associated with that entity. 13 Table 3 Other Responsible Entities Organization IDDE Event CSX Transportation Illicit discharges on CSX Transportation property Duke Energy Illicit discharges caused by Duke Energy transformers or on Duke Energy property Durham County Illicit discharges in Durham County Google Fiber Google Fiber related illicit discharges NCDEQ/NCDWR Fish kill, underground storage tanks, fuel tanks, fuel spills, waste water or sanitary sewer entering a natural watercourse NCDOT Illicit discharges in ROW of NCDOT roads Norfolk Southern Railroad Illicit discharges on Norfolk Southern Railroad property North Carolina State University Illicit discharges on North Carolina State University property Town of Cary Illicit discharges in Cary Town of Garner Illicit discharges in Garner Town of Knightdale Illicit discharges in Knightdale Town of Wake Forest Illicit discharges in Wake Forest U.S. Environmental Protection Agency EPA inquiries and investigations on Federal property Wake County Septic tanks Wake County IDDE in Wake County Wake County Public Schools Illicit discharges on Wake County School property Note: City of Raleigh staff will respond to illicit discharges that leave another MS4 or stormwater conveyance and enters the City of Raleigh MS4 and assist other responsible entities as needed. City staff regularly work with NCDEQ regional office staff during illicit discharge investigation and remediation and may concurrently pursue enforcement action against responsible parties through separate authorities. NCDEQ will regularly copy Water Quality staff on enforcement mailings where 14 reporting was not completed by responsible parties or when violations of State Statutes or Administrative Code are related to a site that has been subject to City enforcement action. NCDEQ requires notification in the event of a fish kill, sanitary sewer overflow that reaches surface waters, large fuel or oil spills that reach, or have the potential to reach, surface waters, and for spills associated with underground storage tanks. Water Quality staff regularly report incidents that exceed reporting requirement thresholds to NCDEQ on behalf of the responsible party and/or remediation company to ensure proper notification occurs. City Stormwater will pursue enforcement in these incidents unless NCDEQ requests to lead enforcement efforts. In instances where a site holds a permit through NCDEQ to discharge into the MS4, City staff will defer to NCDEQ staff to lead investigation and enforcement action. City staff will provide support and follow up with any additional enforcement action as necessary. 3 Tracing Flow Paths of Discharged Substances Once an illicit discharge is found and a source is identified and isolated, an assessment is performed to track and map its flow path through the storm drain network and to the receiving water within the Upper Neuse River Basin. 3.1 Available Information and Tools Various information and tools are utilized from the State, County and City to support City staff in the event of an illicit discharge to track its flow path. These include: • MS4 Geospatial Data incorporated into various mapping tools that include SWUMA, iMaps, PUMA, ESRI GIS software and other GIS platforms. • North Carolina State Surface Water Classification Map that identifies all blue-line waterways within the State. • 303(d) list of waters that exceed water quality criteria • USGS Hydrologic Unit Maps 3.2 MS4 Base Map In fiscal year 2014, the City initiated an MS4 mapping program which compiled and documented all known MS4 infrastructure and outfalls within the City’s corporate limits and extra territorial jurisdiction (ETJ) in a geographic information system (GIS). Since this initial effort, the City has continually updated the MS4 mapping, which includes pipes, ditches, inlets, catch basins, culverts, headwalls, channels, manholes, and outfalls, including sizes and inverts. The MS4 mapping updates are incorporated into the illicit discharge detection and elimination program, which is described in Section 6 of the SWMP. This geospatial data is utilized by City stormwater staff to support their illicit discharge investigations and cleanup actions and utilized as a tool for communication and direction to other agencies, contractors and representatives. 15 The condition of the MS4 stormwater inlets and conveyance system are evaluated by Transportation Department, Transportation Field Services, Stormwater Maintenance Gr oup on a regular basis. Frequency of inspection and prioritization are further defined in the MS4 Operation and Maintenance Plan. 3.3 Stormwater Outfalls An Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United Sates and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. Major municipal separate storm sewer outfall (or ``Major MS4 Outfall'') means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). The Stormwater Management Division maintains a dataset identifying all Major Outfalls within the City’s MS4, which is used to prioritize dry weather flow inspections as described in Section 6. Illicit discharge investigations are not limited to Major Outfalls, but include all Outfalls as defined by 40 CFR 122.2. 3.4 Receiving Waters The City’s MS4 discharges directly into receiving waters situated in the Neuse River Basin, and specifically within four 10-digit Hydrologic Unit Codes (HUC) identified as Lower Falls Lake (030202020106), Crabtree Creek (0302020108), Walnut Creek (0302020111), and Milburnie Lake – Neuse River (0302020107). Crabtree Creek, Walnut Creek, and Lower Falls Lake drain to the Neuse River that continues outside of the City of Raleigh city limits and enters the Neuse River Estuary and the Pamlico Sound near New Bern, North Carolina. 4 Illicit Discharge and Illicit Connection Response and Documentation The following section discusses the response to a potential illicit discharge, the actions the City can take, and the reporting requirements to maintain compliance with the City’s NPDES MS4 permit. 4.1 Intake of Notifications Illicit Discharge notifications come from various sources and can include: • Phone calls to the City of Raleigh stormwater hotline published on the City’s illegal discharge website. 16 • Emails to illegaldischarge@raleighnc.gov • Observations and reporting by City staff. • Interagency correspondence from entities outside of the City • Emergency and first responders during an accident or incident. 4.2 Response and Investigation The City’s Stormwater Management Division manages compliance of all stormwater, stormwater conveyances, and waters of the State within the corporate limits of the City. If an illicit discharge is observed and City staff are notified, City staff will follow the Illicit Discharge Detection and Elimination standard operating procedure (SOP), SW-100 Internal Illicit Discharge Detection and Elimination, that establishes procedures to address non stormwater discharges to the stormwater conveyance and waters of the State. IDDE staff will begin an investigation within 24 business hours, or as soon practicable, of the receipt of notification of a potential illicit discharge and will perform an assessment of the situation by identifying the stormwater infrastructure, contamination extent, flow direction, and the discharge point within the area. Depending on the nature of the spill, IDDE staff will attempt to identify responsible parties and communicate with emergency responders as needed to contain the source of the discharge and remediate and restore the areas of contamination as each case dictates. Proper authorities will be notified by IDDE staff if notification thresholds are met, or City staff deem it appropriate. All investigation details are documented in an Illicit Discharge Investigation Form and submitted to CityWorks. For more detail on the investigation procedure, see Section 6.0 within SOP SW-100 Internal Illicit Discharge Detection and Elimination. 4.2.1 Enforcement Actions The Stormwater Management Division has the authority to issue verbal and written warnings for minor violations, as well as authority to serve written notices of violation (NOVs) by registered mail, certified mail-return receipt requested, or personal service to the responsible party alleged to be in violation and/or to the property owner. In lieu of a NOV, a Summary of Memorandum is issued for illicit discharges that involves a City-owned property or for which the responsible party is determined to be a City staff or City contractors. The Stormwater Management Division also has authority to issue civil penalties based on certain criteria having been met, which can be found within the IDDE SOP rev F, section 9.0 Issuance of Civil Penalties. 4.3 Safety Upon arriving on the scene, staff should check for obvious signs of danger. If a hazardous material is found or suspected, staff will report the illicit discharge to the Fire Department and refer to the Stormwater Management’s Internal Use Only SOP for Managing Spills Which Threaten to Enter the Stormwater Conveyance System (SOP Number SW-101) and/or reference the City-wide Spill Response Guidance Document for further action. 17 Personal protection equipment (PPE) including safety vests, safety shoes/boots and eye protection must be used as the situation requires. PPE must be used by staff when responding to a spill or investigation within the right-of-way (ROW), construction sites, industrial operations, or any other situations where staff deems it is necessary. When on private property, staff should attempt to identify all property owners and bystanders prior to conducting their investigation. Staff should use caution when approaching a spill in a City vehicle. Staff should utilize the vehicle’s emergency lights, park in a location that does not interfere with emergency response vehicles or site remediation, and in a location does not impede the flow of traffic. 4.4 Documentation and Closeout Per the City’s NPDES MS4 permit, it is required that the City retain records of all monitoring information, including all calibration and maintenance records and all copies of reports for a period of at least five years from the date of the sample, measurement, report, or application. The City documents the date of investigation, any enforcement action(s) and/or remediation that occurred. The City maintains and publicizes a Stormwater Hotline and an email address contact for complaints to be reported to as a reporting mechanism(s) for the public to report illicit connections and discharges. This email address is shared with the illicit discharge coordinators and staff. Once information is received and reviewed, staff can then initiate the SOP SW-100 rev F 6.2 for investigating a potential illicit discharge. All investigations of potential illicit discharges are recorded in a Stormwater Investigation Report that includes a summary and tracking information of the investigation in progress. Additional field notes are timestamped and updated at the bottom of the report throughout the life of the investigation. As the investigation is completed and a response is determined, as either a warning, notice of violation and subsequent notice of compliance, all investigation photos, correspondence, and official documents are uploaded to the City’s CityWorks database and are georeferenced by location of the incident. This data is then used to generate the IDDE Repeat Violator WebApp, which allows staff to determine if the same responsible party is responsible for multiple illicit discharges. Supplemental reporting tools including Crystal Report and Microsoft Power BI are also utilized with this data to produce reports and for tracking. 4.5 Reporting Requirements The City is required to report, and/or to require the responsible party to report spills to the State of North Carolina Department of Environmental Quality (NCDEQ) if they meet reporting thresholds. The NCDEQ is responsible for communications and coordination of cleanups from discharges related to these discharges that threaten to reach surface waters within authority given by the Federal Government. The City’s Water Quality staff follows guidance as indicated in this document and reports to the regional NCDEQ office during business hours (919-791-4200), or the after-hours, weekends, or holiday reporting line (800-858-0368). NCDEQ is responsible for further coordination and compliance with federal regulations and requirements. 18 Table 4 provides reporting thresholds for typical Illicit discharge events and, where applicable, the corresponding Code of Federal Regulations (CFR) associated with that illicit discharge event. Upon initial reporting, additional follow up reporting may be required as directed by NCDEQ. Table 4 Reporting Thresholds IDDE Event Reporting Timeframes (After Discovery) and Other Requirements Visible sedimentation in a stream or wetland 1. Within 24 hours, an oral or electronic notification. 2. Within 7 calendar days, a report that contains a description of the sediment and actions taken to address the cause of the deposition. 3. Division staff may waive the requirement for a written report on a case-by-case basis. Oil spills if they are: • 25 gallons or more • Less than 25 gallons but cannot be cleaned up within 24 hours • Cause sheen on surface waters (regardless of volume) • Are within 100 feet of surface waters (regardless of volume) Within 24 hours, an oral or electronic notification. The notification shall include information about the date, time, nature, volume, and location of the spill or release. Anticipated bypasses [40 CFR 122.41(m)(3)] A report at least ten days before the date of the bypass, if possible. The report shall include an evaluation of the anticipated quality and effect of the bypass. Unanticipated bypasses [40 CFR 122.41(m)(3)] 1. Within 24 hours, an oral or electronic notification. 2. Within 7 calendar days, a report that includes an evaluation of the quality and effect of the bypass. Releases of hazardous substances in excess of reportable quantities under Section 311 of the CWA (40 CFR 110.3; 40 CFR 117.3) or sec 102 of CERCLA (40 CFR 302.4) or G.S. 143-215.85 Within 24 hours, an oral or electronic notification. The notification shall include information about the date, time, nature, volume, and location of the spill or release. Initial Spill Reporting Contact Information Raleigh Regional Office: 919-791-4200. After-hours, Weekends or Holidays: 800-858-0368 19 In addition to reporting requirements to NCDEQ, Water Quality staff notify City management in the event of an issuance of a civil penalty and of events where the City is the responsible party for an illicit discharge. The following notification flow chart and decision tree presented as Figure 3 details roles and responsibilities for internal notification guidance. 20 Yes Determine Material Conduct Site Investigation Contain spill Notify Authorities Determine Responsible Party Contact RFD immediately if hazardous NCDEQ: Fishkill, Sewage, fuel/oil enters natural RFD: Hazmat, gasoline, large spills Call/Field visit logged Notify Water Quality Manager/Stormwater Manager for City-coordinated cleanup and/or contractor payment Notify Senior City Coordinates Cleanup Responsible Party Determined? Issue Notice of Violation? Responsible Party completed Remediation? NO NO Yes Yes NO No Yes Issue Notice of Compliance Confirm Remediation Add Remediation costs to NOV fines Fine Paid? No Yes Contact the COR Attorney’s Office Is the COR the responsible party? Yes NO Complaint/ Report Received Conduct Field Visit Illicit Discharge Notify Stormwater Manager, issue a Summary of Memorandum to responsible department, and confirm remediation Illicit Discharge Coordinators Engineer/Senior Engineers Water Quality Manager Stormwater Manager Figure 2 Stormwater Management Division Notification and Enforcement Decision Tree 21 5 Dry Weather Flow Inspection Stormwater Management Water Quality staff conduct dry weather flow inspections of outfalls annually to screen high priority outfalls for illicit connections or illicit discharges that may be occurring. All outfalls that meet the criteria of a Major Outfall will be inspected during each permit cycle and annually when feasible. At the start of each reporting year, an annual outfall inspection list will be generated to identify outfalls to be inspected to account for updates to the inventory. 5.1 Inspection Protocols Historically, the targeted outfalls have been prioritized based on the following criteria: land use, pipe size, watershed, intersection with a sanitary sewer line and location within the Neuse Riparian Buffer. 5.2 Response and Investigation Dry weather flow inspections are conducted on Major Outfalls as defined in this document in section 3.3. Initial screening utilizing water quality field tests are available for staff are used to assist in identify sources of dry weather flows. Enforcement action may be taken when an illicit connection or an illicit discharge is discovered, and the source is confirmed or has potential to negatively impact water quality. SOP SW- 103 Outfall Inspections for Illicit Discharge Detection is used by staff to complete this task annually. 5.3 Documentation All Dry Weather Flow inspections are recorded in the field through the CityWorks application and tracked geospatially. This data is collected on the City’s servers and can be utilized for reporting, documentation, and decision making. 6 Training, Education, and Outreach 6.1 Stormwater Management Staff Water Quality staff are trained in multiple disciplines that span a wide range of stormwater topics. Specific to IDDE, staff mentorship and internal instruction on NPDES permit and SWMP requirements is required and reinforced through regular duties and during program assessment. Most Water Quality staff that respond to ID complainants have completed the 8-HR HAZWOPER certification and regularly attend informational webinars for topics specific to IDDE. 6.2 Other City Staff All City employees complete Illicit Discharge Detection and Elimination (IDDE) training. The IDDE training module is assigned to City staff via the iLearn training platform, a web-based platform that allows employees to complete the training remotely, track completion status, notify the supervisor of their employees’ training status, and generate weekly reports for Stormwater staff and reporting requirements. IDDE training is part of the City’s new-hire, on-boarding process, which is implemented by the Human Resources Department. All new employees are assigned this training and must complete it to clear the required orientation process. IDDE training also then assigned to staff on a three-year cycle via the City’s iLearn internal/on-line training platform. Staff and their supervisors are notified of the upcoming required 22 training and/or failure to complete the training as assigned. Stormwater staff also provide In-person training upon request. Stormwater staff coordinates with department staff to assist with the training implementation and ensure that all employees have access to the training. 6.3 General Public Since the 1990s, the City’s Water Quality Section has conducted public education and outreach activities that fulfill the requirements of its Phase I NPDES MS4 permit. In 2009 a permanent, fulltime Stormwater Education Specialist position was created to manage the Stormwater Public Education and Outreach Program. This position since has been dedicated to educating the community and conducting outreach activities focused on the impacts of stormwater runoff and discharges to surface waters. In addition to these activities, Water Quality Section staff regularly work with Communications staff to identify pollutant sources that are routinely identified through IDDE investigation and enforcement action. This coordination allows for City staff to determine target audiences and an appropriate media to conduct regularly IDDE-specific public outreach efforts. Throughout each reporting year, Water Quality staff typically will assist with coordination in at least three public outreach and education efforts that pertain to ID prevention and education. Topics include sewage, landscape maintenance, animal waste, paint, wastewater and swimming pool water. Information is disseminated via multiple platforms including, but not limited to, the website, print material, social media and email marketing. Additional detail and references are included in the Education and Outreach Program Plan and the City-wide Spill Response Guidance Document. 7 Program Evaluation and Reporting The Stormwater Management Division uses several mechanisms to evaluate and track the IDDE program effectiveness, including annual inspection reporting, regular review of existing plans and SOPs, tracking of enforcement actions, and tracking of pollutant sources. 7.1 Effectiveness Evaluation Water Quality staff conduct annual review meetings at the beginning of each NPDES MS4 permit reporting year. All staff involved in implementing the IDDE Program attend, and the meeting agenda includes evaluation of current practices and recommendations for program improvement. Any necessary updates to program metrics, goals, and other processes associated with the IDDE Program are reported to the Water Quality Manager who updates the City’s Stormwater Management Plan (SWMP) accordingly. Any updates or changes made to the SWMP are documented in the City’s NPDES MS4 Permit Annual Report, which is submitted to NCDEQ. 7.2 Annual Reporting City staff refer to the current SWMP to identify annual reporting metrics, track these metrics throughout the year, and report these metrics to the Water Quality Manager at the end of the reporting year to include in the NPDES MS4 permit annual report to NCDEQ. 23 8 Revision History Revision date Details 1.5.2022 Updated language throughout document, added acronyms, added Section 1.2.3 Allowable Non-stormwater Discharges, and revised Figure 2. 24 9 References City of Raleigh, 2021. The City Code. September 10, 2021. https://library.municode.com/nc/raleigh/codes/code_of_ordinances City of Raleigh, 2021. City of Raleigh MS4 Operation and Maintenance Plan. January 2022. City of Raleigh, 2021. City of Raleigh Stormwater Management Plan. June 2021. City of Raleigh, 2021. City of Raleigh City-Wide Spill Response Guidance Document. November 2021. City of Raleigh, 2021. City of Raleigh Pollution Prevention and Good Housekeeping Plan. December 2021. City of Raleigh, 2020. Stormwater Education and Outreach Plan. August 2021. City of Raleigh, 2012. SW-100 Internal Illicit Discharge Detection and Elimination. Standard Procedure, amended May 17, 2021. City of Raleigh, 2012. SW-101 Managing Spills Which Threaten to Enter the Stormwater Conveyance System. Standard Procedure, amended December 1, 2020. City of Raleigh, 2012. SW-102 Interdepartmental SOP for Managing Spills. Standard Procedure, amended December 1, 2020. City of Raleigh, 2012. SW-103 Outfall Inspection for Illicit Discharge Detection. Standard Procedure, amended January 5, 2022. NCDEQ, 2010. Total Maximum Daily Load to Address Impaired Biological Integrity in the Perry Creek Watershed, Neuse River Basin. EPA approved May 13, 2010. NCDEQ, 2003. Total Maximum Daily Loads for Fecal Coliform Bacteria and for Copper to Pigeon House Branch, North Carolina. EPA approved June 2003.