HomeMy WebLinkAboutAyden_Draft_2016_Permit_NCS000500STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT NO. NCS000500
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Ayden
is hereby authorized to discharge stormwater from their muniAsepe storm sewer system located:
within the Town of Ayden cos
Pitt County
to receiving waters of the State, within the Neuse River Basin in accordance with the discharge
limitations, monitoring requirements, and other condit* ns set for in Parts I, II, III, IV, V, VI,
VIII hereof. A� �r
This permit shall become
This permit and the author
Signed this day [date].
t on [date].
VII and
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000500
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A:
PROGRAM IMPLEMENTATION
SECTION B:
PUBLIC EDUCATION AND OUTREACH
SECTION C:
PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D:
ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E:
CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F:
POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G:
POLLUTION PREVENTION AND G D SEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION H:
IMPAIRED WATERS
SECTION I:
TOTAL MAXIMUM DAILY LOAddbg'M S)
SECTION J: ELECTRONIC REPORTING OF REPCFRTS [G.S. 143-215.1(b)]
PART III PROGRAM ASSESSMENT
qqikk"
PART IV REPORTING AND ;.RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDI/D'
SECTION A: COMPLIANCE AIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
i
THIS PAGE INTENTIONAL ABL
PERMIT NO. NCS000500
PART I PERMIT COVERAGE
A. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Ayden is authorized to discharge stormwater from the municipal separate storm sewer
system (MS4) to receiving waters of the State within the Neuse River Basin. Such discharge will
be controlled, limited and monitored in accordance with the permittee's Stormwater Quality
Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall
detail the permittee's stormwater management program for the five-year term of the stormwater
permit including, for each measure identified in the permit, a narrative description of the
program, a table that identifies each best management practice (BMP) used, the frequency of the
BMP, the measurable goals for each BMP, the implementation schedule, funding and the
responsible person or position for implementation.
B. All discharges authorized herein shall be managed in accordance with the terms and conditions of
this permit. Any other point source discharge to surface waters of the state is prohibited unless it
is an allowable non-stormwater discharge or is covered by n er ;permit, authorization, or
approval.
C. This permit does not relieve the permittee from respons' ility or cliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
v
D. This permit covers activities associated with the discharge, f stormwater from the MS4 within the
corporate limits of the permittee. The permit applies to;corporate limits of the permittee, as well
as areas that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage runder this permit shall be approved by the Division of
Energy, Mineral, and Land�ources; herein referred to as the Division.
E. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
F. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. 7. The permit requires the proper implementation of the Stormwater Plan. To the extent
allowable under State and local law, the permittee must develop and implement a Stormwater
Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit and with the provisions of the Clean Water Act. Compliance with the
six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute
compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
Part I Page 1 of 2
PERMIT NO. NCS000500
H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
Permitted by and in compliance with another permit, authorization, or approval, including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
2. Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potablo7aAl
urces;
• foundation drains;
• air conditioning condensate (commercial/residenti I
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car, -washing;
• flows from riparian habitats and we ands;
• dechlorinated swimming pool discharges;
• street wash water; I V
• flows from firefighting �#vities.
The Division may require that non-stormwater flows of this type be controlled by
the permittee's, Stormwater Plan.
I. Unless otherwise stated, full compliance with the requirements of the permit is expected
upon the effective date of the permit.
Part I Page 2 of 2
PERMIT NO. NCS000500
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, an annual review by the Division to determine
implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan
or a sustainability assessment that has been reviewed and approved by the Division. The sustainability
assessment may be conducted by the local government, another local government with and NPDES MS4
permit, or an independent third party. This includes, but is not limited to, the following areas:
The permittee shall maintain adequate legal mechanisms, such as regulations, ordinances, policies
and procedures to implement all provisions of the Stormwater Plan. The Division will be notified
of major modifications of these authorities, the reasons and ju ications for these changes. The
Division may comment on these modifications as de med rie scary to assure appropriate
implementation of the Stormwater Plan.
2. The permittee must evaluate program compliance, ropriateness of best management
practices, and progress towards achieving measudrbIe'qqJ§Lat least annually.
3. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Resp�s bilities for all components of the Plan shall be documented and
position(s) assignments prow ded.
4. The permittee will implement pro s of the Stormwater Plan and evaluate the performance
and effectiveness of the;'program c , ponents at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the permittee implements the six minimum control measures and the
discharges are determined to cause or contribute to non -attainment of an applicable water quality
standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs
within the scope of the six minimum control measures.
5. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
that modifications are needed to address any procedural, protocol, or programmatic change, such
changes shall be made as soon as practicable, but not later than 90 days, unless an extension is
approved by the Division. Major modifications to the Stormwater Plan shall be submitted to the
Director for approval. The permittee is required to make available its Stormwater Plan to the
Division upon request. At a minimum, the permittee shall include ordinances, or other regulatory
mechanisms or a list identifying the ordinances, or other regulatory mechanisms providing the
legal authority necessary to implement and enforce the requirements of the permit. The Division
may review reports submitted by the Permittee to assure that the Stormwater Plan is implemented
appropriately to address the requirements of the permit. The Division may require modifications
to any part of the Permittee's Stormwater Plan where deficiencies are found. If modifications to
the Stormwater Plan are necessary, the Division will notify the permittee of the need to modify
the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such
changes to the program.
Part II Page 1 of 20
PERMIT NO. NCS000500
6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to
implement the minimum control measures with other entities provided:
7
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
C. The other entity agrees to implements the control measure on behalf of the MS4.
Unless implemented by the State or where delegated by the state, the permittee remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control megsuree,* Written procedures shall
identify specific action steps, schedules, resources and resp 'o'nsibilities for implementing the six
minimum measures. Written procedures can be free stand'ng, r w e appropriate, integrated
into the Storm Water Management Plan.i
Part 11 Page 2 of 20
PERMIT NO. NCS000500
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities about the impacts of storm water discharges on water bodies and the steps the
public can take to reduce pollutants in storm water runoff.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Education
and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
a. Goals and Objectives
Defined goals and objectives of the Local Public Education and
Outreach Program based on community wide issues.
b. Describe target pollutants
The permittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall describe evaluate annually and update the
description of the target audiences likely to have significant
storm water impacts and;why they were selected.
d. Describe residential and
The permittee shall describe issues, such as pollutants, likely
industrial/commercial issues
sources of those pollutants, impacts, and the physical attributes
of stormwater runoff, in their education/outreach program.
e. Informational Web Site
The periiiittee shall promote and maintain, an internet web site
designed to convey the program's message.
£ Distribute public education
he permittee shall distribute stormwater educational material to
materials to identified target
appropriate target groups. Instead of developing its own
audiences and user groups. For
materials, the permittee may rely on Public Education and
example, schools, homeowners,
Outreach materials supplied by the state, and/or other entities
and/or businesses.
through a cooperative agreement, as available, when
implementing its own program.
g. Maintain Hotline/Help line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and
outreach.
h. Implement a Public Education
The permittee's outreach program, including those elements
and Outreach Program.
implemented locally or through a cooperative agreement, shall
include a combination of approaches designed to reaching the
target audiences. For each media, event or activity, including
those elements implemented locally or through a cooperative
agreement the permittee shall estimate and record the extent of
exposure.
Part II Page 3 of 20
PERMIT NO. NCS000500
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
Comply with State and local public notice requirements when implementing a public involvement
and participation program.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The permittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program.
c. Hotline/Help line
The permittee shall promote'and maintain a hotline/helpline for
the purpose. of public involvement and participation.
Part II Page 4 of 20
PERMIT NO. NCS000500
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
1. Objectives for Illicit Discharge Detection and Elimination
a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4.
b. Maintain a storm sewer system map, showing the location of all major outfalls and the
names and location of all waters of the United States that receive discharges from those
outfalls;
C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges
except as allowed in this permit and implement appropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm water discharges, including illegal
dumping, to the MS4;
e. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non -storm water.diAcharges or flows (i.e., illicit
discharges) only if you identify them as significant c tributors of pollutants to the MS4:
water line flushing, landscape irrigation, de, rted stream flo , rising ground waters,
uncontaminated ground water infiltration,, uncontaminated-IFumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting activities are excluded from the effective prohibition against non -storm
water and need only be addressed where they are identified as significant sources of
pollutants to water the nited States.).
2. BMPs for Illicit Discharge etection an Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
BMP Measurable Goals
Maintain an Illicit Discharge Maintain a written Illicit Discharge Detection and Elimination
Detection and Elimination Program, including provisions for program assessment and
Program evaluation and integrating program.
Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other
regulatory mechanisms that provides the legal authority to
prohibit illicit connections and discharges.
Maintain a Storm Sewer System The permittee shall maintain a current a map showing major
Map of Major Outfalls. outfalls and receiving streams.
Implement a program to detect dry The permittee shall maintain a program for conducting dry
weather flows weather flow field observations in accordance with written
procedures.
Part II Page 5 of 20
PERMIT NO. NCS000500
NOW Measurable Goals
Investigate sources of identified
The permittee shall maintain written procedures for
illicit discharges.
conducting investigations of identified illicit discharges.
Track and document investigations
For each case the permittee shall track and document 1) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up of the investigation; and 4) the
date the investigation was closed.
Provide Employee Training
The permittee shall implement and document a training
program for appropriate municipal staff, who as part of their
normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection.
Provide Public Education
The permittee shaklinform public employees, businesses, and
the general public of bards associ9ted with illegal discharges
and improper disposdfof waste.
Provide a public reporting
The permittee shall promote, publicize, and facilitate a
mechanism
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
Enforcement of the IDDE
The permittee shall implement a mechanism to track the
ordinance
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to identify chronic violators for initiation of actions
to feduce noncompliance.
Part II Page 6 of 20
PERMIT NO. NCS000500
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. "Pursuant to 40 CFR 122.35(b), the permittee may rely on the Pitt County Sediment and Erosion Control
Program to comply with this minimum measure. The Pitt County Sediment and Erosion Control Program
effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls
by permitting and controlling development activities disturbing one or more acres of land surface and
those activities less than one acre that are part of a larger common plan of development, as authorized
under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. The Pitt County Sediment and Erosion Control Program continues to be monitored
by the State to ensure the County effectively meets the MEP standard established by the Sediment
Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code.
2. The NCGO10000 permit, as administered by the State, establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter,
and sanitary waste at the construction site that may cause adverse impacts to water quality.
3. The permittee shall provide and promote a means for the,,pubjiic tc notify the appropriate authorities of
observed erosion and sedimentation problems. The permittee may implement a plan promoting the
existence of the North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of
Energy, Mineral, and Land Resources "Stop Mud" hotl'n} e to meet the requirements of this paragraph.
Part 11 Page 7 of 20
PERMIT NO. NCS000500
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
a. Implement and enforce a program to address storm water runoff from new development
and redevelopment projects, including public transportation maintained by the permittee,
that disturb greater than or equal to one acre, including projects less than one acre that are
part of a larger common plan of development or sale, that discharge into the small MS4.
The program shall ensure that controls are in place that would prevent or minimize water
quality impacts.
b. Implement strategies which include a combination of structural and/or non-structural best
management practices (BMPs) appropriate for the community;
C. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of BMPs.
2. BMPs for Post -Construction Site Runoff Control
The permittee shall implement the following BMPs to mcet (eobjec tives of the Post -
Construction Stormwater Management Program. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the, ermittee as approved by the
Division, the post -construction ordinances shall apply with egard to permit compliance.
i
BMP
Measurable Goals
a. Adequate legal authorities
Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program, and to ensure that new development
and redevelopment does not cause or contribute to the
cmtinued impairment of downstream waters.
The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
The permittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other information deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for the purpose of inspecting at reasonable times any
facilities, equipment, practices, or operations related to
stormwater discharges to determine whether there is
compliance the Post -Construction Stormwater Management
Program.
Part II Page 8 of 20
PERMIT NO. NCS000500
BMP
Measurable Goals
b. Strategies which include BMPs
Compliance with 15A NCAC 02H Section .1000 effectively
appropriate for the MS4
meets the Post -construction Stormwater Runoff control
requirements.
c. Plan reviews
The permittee shall conduct site plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards and how the
project will ensure long-term maintenance.
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stormwater control measures
control measures
installed and implemented yhew development and
redeveloped site$"ncluding both public and private sector
sites located within thipermitteecorporate limits that are
covered by its post-c6nstructio rdinance requirements.
e. Deed Restrictions and Protective
The permittee shall pro de mechanisms such as recorded
Covenants
deed restrictions and pI ctive covenants that ensure
development activities will maintain the project consistent
with,ppproved plans.
f. Provide a mechanism to requir
The permittee shall implement or require an operation and
long-term operation and
maintenance plan for the long-term operation of the
maintenance of structural BMPs. \
structural BMPs required by the program. The operation and
maintenance plan shall require the owner of each structural
BMP to perform and maintain a record of annual inspections
'of each structural BMP. Annual inspection of permitted
structural BMPs shall be performed by a qualified
professional.
g. Inspections
To ensure that all stormwater control measures are being
maintained pursuant to its maintenance agreement, the
permittee shall conduct and document inspections of each
project site covered under performance standards, at least one
time during the permit term.
Before issuing a certificate of occupancy or temporary
certificate of occupancy, the permittee shall conduct a post -
construction inspection to verify that the permittee's
performance standards have been met or bond is in place to
guarantee completion.
The permittee shall document and maintain records of
inspection findings and enforcement actions and make them
available for review by the permitting authority.
Part II Page 9 of 20
PERMIT NO. NCS000500
BMP E Measurable Goals
h. Educational materials and training The permittee shall make available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other programs and adapted to the
permittee's new development and redevelopment program.
i. Establish nutrient sensitive waters
The permittee shall maintain and implement, evaluate
(NSW) protection measures (for
annually and update as necessary an ordinance (or similar
programs with development or
regulatory mechanism) to ensure that the best management
redevelopment draining to NSW
practices reduce nutrient loading in stormwater runoff to the
waters)
maximum extent. In areas where the Environmental
Management Commission has approved a Nutrient Sensitive
Water Urban Stormwater Nhagement Program, the
provisions of that program fulfill the nutrient loading
reduction requirement.
j. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions, This mechanism shall include the
ability to jdentify chronic violators for initiation of actions to
reduce noncompliance.
3. Post -construction StormjL,1R1fk6ntrols for New Development
a. In order to fulfill the,post-construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed'the Department's Stormwater Best Management Practices
Manual on scientific and engineering standards, or develop its own comprehensive
watershed plan that is determined by the Department to meet the post -construction
stormwater management measure required by 40 Code of Federal Regulations §
122.34(b)(5) (1 July 2003 Edition).
b. To protect water quality in North Carolina rivers, streams, lakes, estuaries and ocean, and
the existing uses of such surface waters for their scenery, swimming, boating, as well as
for commercial and recreational fishing and shellfishing and to stimulate development,
pursuant to NCAC 2H .1003(6), the permittee may:
i. Approve variations in Stormwater Control measures that allow compensatory
treatment of existing development to offset the effects of stormwater runoff from
new development so as to nullify the effects of new development within the same
watershed. Where it is impracticable or infeasible to treat all or some of the
stormwater runoff on site the permittee may allow: (1) on -site compensatory
stormwater treatment; and (2) off -site mitigation and stormwater management
facilities within the same watershed to meet the requirements to manage
stormwater. When off -site treatment of existing development for compensatory
mitigation is used, the amount of stormwater treated must be twice the volume
that would have been controlled on -site for new development. Off -site locations
Part II Page 10 of 20
PERMIT NO. NCS000500
must be within the same watershed and within two miles of the project site. Off -
site SCMs require the same type of operation and maintenance agreements as on -
site BMPs, and the types of BMPs used must be designed to reduce the required
volume of runoff rather than treat and discharge it.
ii. Adopt a comprehensive watershed management plan with an emphasis on
controlling stormwater run-off rather than placing a cap or limit on impervious
surfaces, i.e., high and low density development limits. Under A comprehensive
watershed management plan all development disturbing one acre or more,
including projects that disturb less than one acre that are part of a larger common
plan of development, must meet the requirements in 15A NCAC 02H Section
.1000. All effective stormwater control strategies must include some form of
mandatory setback for impervious surfaces from the closest receiving waters.
The permittee shall meet the requirements of the post -construction program for
construction projects that are performed by, or under contract for, the permittee. To meet
this requirement, the permittee may either develop the, tcessary requirements for post -
construction controls that will pertain to thei*ow pr` Iects, or develop procedures to
ensure that the permittee meets these requiretriinpc
by complying with another entity's
Phase II Stormwater Management Programs fost-construction. If the permittee
decides to rely on another program for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Program that the permittee
will fully comply with the requirements of the second party's post -construction programs.
d. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters,
permittees, delegated programs, and regulated entities must use stormwater control
measures (SCMs) reduce nutrient loading, while still incorporating the stormwater
controls requiredta
the\project's density level. In areas where the Department has
approved a Nutrient nsitive Water Urban Stormwater Management Program, the
provisions of that rogram fulfill the nutrient loading reduction requirement.
e. Pursuant to 15A NCAC 2H .1050 MDC FOR ALL STORMWATER CONTROL
MEASURES (SCM), the design volume of SCMs shall take into account the runoff at
build out from all surfaces draining to the system. Where streets "convey" stormwater,
all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to
the SCM including streets, driveways, and other impervious surfaces.
Part II Page 11 of 20
PERMIT NO. NCS000500
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
a. Implement an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet'th objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify 't e Di ion prior to modification
of any goals.
BMP
Measurable Goals
a. Inventory of municipally
The permittee shall maintain, a current inventory of facilities and
owned or operated facilities
operations ov6ied, and operated by the permittee with the potential
for gener4iflg polluted stormwater runoff.
b. Operation and Maintenance
The permittee shal maintain and implement, evaluate annually
(O&M) for municipally owned
and update as necessary an Operation and Maintenance (O&M)
or operated facilities
program for4nunicipal owned and operated facilities with the
potentiaVor generating polluted stormwater runoff. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures for _
The permittee shall have written spill response procedures for
municipally owned or operated
municipal operations.
facilities
d. Streets, roads, and public
The permittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff from municipally -owned
streets, roads, and public parking lots within their corporate limits.
The permitte must evaluate the effectiveness of these BMPs based
on cost and the estimated quantity of pollutants removed.
d. Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -
the stormwater sewer system including catch basins and
owned or maintained catch
conveyance systems that it owns and maintains.
basins and conveyance systems
Part II Page 12 of 20
PERMIT NO. NCS000500
BW
Measurable Goals
e. Identify municipally owned or
The permittee shall maintain, a current inventory of municipally -
maintained structural
owned or operated structural stormwater controls installed for
stormwater controls
compliance with the permittee's post -construction ordinance.
f. O&M for municipally -owned
The permittee shall maintain and implement an O&M program for
or maintained structural
municipally -owned or maintained structural stormwater controls
stormwater controls
installed for compliance with the permittee's post -construction
ordinance.
The O&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittee shall inspect and maintain all municipally -owned or
maintained structural stormwater controls in accordance with the
schedule developed by pe tte . he permittee shall document
inspections and mainto an e 61 all municipally -owned or
maintained structural srto ter n S.
g. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures for applicators are followed.
h. Staff training
The permittee shall implement an employee training program for
employees involved in implementing pollution prevention and
%ood housekeeping practices.
i. Prevent or Minimize
The permittee shall describe and implement measures to prevent
Contamination of Stormwaterl/
or minimize contamination of the stormwater runoff from all areas
Runoff from all areas used for
used,for vehicle and equipment cleaning.
Vehicle and Equipment
Cleaning
Part II Page 13 of 20
PERMIT NO. NCS000500
SECTION H: IMPAIRED WATERS
For impaired waters the permittee shall evaluate strategies and tailor and/or expand BMPs within the
scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) and
describe the strategies and tailored and/or expanded BMPs in their annual reports.
Part II Page 14 of 20
PERMIT NO. NCS000500
SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLs)
1. For the purpose of this Section, sensitive waters are waters
a. With a TMDL developed and approved, or established by EPA,
b. Included in the most recent NC DEQ Section 303(d) list approved by EPA,
C. That pursuant to NCDEQ Water Classifications & Standards, waters that are classified as
either Outstanding Resource Waters (ORW), Trout Waters (Natural (TN), or, Shellfish
Waters (SA).
2. Determination of receiving water conditions and impacts
a. Permittees shall determine whether their MS4 discharges to receiving waters within a
TMDL watershed or with a listing in the latest CWA §303(d) list of impaired waters
that is associated with a water quality monitoring station (WQMS).
b. Permittees shall refer to the most recent CWA §303(d)#st approved by EPA to
determine WQMS impairment status and tojdent6fhe pollutant(s) of concern
(POC). This information shall be updated/and documented annually.
C. For all TMDLs, permittees shall determine whether P9C have potential to occur in
MS4 storm water discharges. This information shall be documented. If intended uses
are fully supported for a particular TMDL, no furt er action on the permittee's part is
needed for that TMDL.
3. TMDL Monitoring and Assessment
a. For MS4 discharge the pollutant(s),of concern to TMDL waters, the permittee shall
identify discharges located in the TMDL watershed draining to the impaired WQMS.
b. The permittee shall include a TMDL Monitoring and Assessment Plan. The Monitoring
and Assessment 1�dn component shall be completed and submitted to the Department as
follows;
i. Withii 12 months of the effective date of permit coverage for existing TMDL.
ii. For newly designated permittee authorized to discharge storm water from their
MS4 for the first time under this permit within 24 months of the effective date of
permit coverage for the existing TMDL.
iii. Monitoring and Assessment Plans, shall be submitted within 12 months of the
EPA -approval or establishment of new TMDL (Effective Date of the TMDL),
after the first year of permit coverage.
C. Describe the activities the permittee will conduct to address applicable WLA, including
at a minimum a schedule for conducting monitoring to be initiated as follows;
i. Not more than 18 months from the Effective Date of this permit for existing
TMDL in the case of existing permittees,
ii. Not more than 30 months from the Effective Date of the Certificate of Coverage
for existing TMDL, and, for TMDL issued 24 months after the Effective Date of
the permit in the case of newly designated permittees.
iii. The monitoring plan for subsequently issued TMDL shall include a schedule for
monitoring activities to be initiated no more than 18 months from the effective
date of the TMDL for existing and newly designated permittees.
Part II Page 15 of 20
PERMIT NO. NCS000500
d. Describe the activities the permittee will conduct to monitor the pollutants of concern, on
a frequency necessary to determine statistically significant seasonal pollutant loads
baseline, with duration of not less than two years.
e. Describe the minimum frequency and representativeness. Samples and measurements
taken for the purpose of the TMDL Monitoring Plan shall:
i. Be representative of the MS4 discharges,
ii. Be reasonably distributed in time, while maintaining representative sampling,
iii. Not be terminated for the purpose of preventing the analysis results from a permit
or water quality violation,
iv. Describe and consider frequency, mass and/or rate of discharge, as appropriate,
and,
V. Be expressed in terms of units or measurements consistent with the requirements
contained in the WLA.
f. The information contained in the TMDL Monitoring P shall include:
i. Monitoring locations, appropriate fofrep esen ative data collection
ii. Description of whether the locatign(s)/are representative and contribute to
pollutant loads, 1, ,
iii. An indication the seasons during which sampling is intended,
iv. The pollutant of concern, or its surrogate(s� as a sampling parameter,
V. Description of the sampling equipment,,and,
vi. A rationale supporting the proposed monitored location(s) as reflective of water
quality concerns to the MEP.
g. The TMDL monit ring plan shall focJuls on the pollutant of concern, or its surrogates, to
characterize the quality and quanti� of the permitted discharges to evaluate the progress
toward the WLA and / or Water Quality Standards (WQS) attainment by implementing
one, or a combination, of the following strategies to the MEP:
i. In -stream monitoring, and / or
ii. Outfall'monitoring.
Hi. Monitoring location(s) should be selected based on one, all, or a combination of
the following basis, 1) Percent MS4 area draining to the WQMS, at least 25%, 2)
Collection of a representative contributing watershed, or 3) inclusion of the
entire TMDL watershed within the MS4.
h. Established field and sampling protocols shall be followed when characterizing MS4
discharges, such as, Guidance for collecting samples under the stormwater permitting
program while fulfilling NPDES stormwater sampling needs is provided in the NPDES
Stormwater Sampling Guidance Document (EPA 833-8-92-001) and it is incorporated by
reference herein. It can be found by visiting,
hqp://www.epa.gov/ppdes/J2ubs/owmOO93.adf
Technical assistance and support for MS4 subject to NPDES program regulations for
storm water point source discharges can be found in the Guidance Manual for the
Preparation of NPDES Permit Applications for Discharges from Municipal Separate
Storm Sewer Systems (EPA-833-B-92-002) and it is incorporated by reference herein.
Visit, http://www.epa.gov/npdes/pubs/owm0246.pdf
Part 11 Page 16 of 20
PERMIT NO. NCS000500
j. Permittees may collect composite samples using different protocols than those indicated
above with respect to the time duration subject to the approval of the Department.
k. Where field analysis does not involve analytical methods approved under 40 CFR 136,
permittees shall provide a description of the method used including the name of the
manufacturer of the test method along with the range and accuracy of the test.
1. When no analytical method is approved, permittees may use any suitable method but
must provide a description of the method.
In. For each monitoring location selected above, samples of storm water discharges shall be
collected at a minimum of once per season per year.
n. Samples collected for laboratory analysis for all wet weather flows discharged from the
MS4, shall be analyzed for the POC, or surrogates, in the TMDL.
o. For MS4 discharges to tidal influenced waters, alternative accepted sampling protocols
may be used to collect the samples required above. A description of the methodology
used shall be provided as required under 40 CFR 122.26(d)(1)(iv)(D) & (d)(2)(iii).
Adherence to the MEP is expected. Documentation of any deviation is required.
P. Describe the activities the permittee will conduct to a ss applicable WLA, including
the biological monitoring may be appropriate at some ocations to demonstrate the
recovery of biological communities after implementation of stormwater control measures.
Monitoring locations in receiving waters must be at least both upstream and downstream
of major MS4 discharges, with a frequency of at least annual basis for the permit term.
Regardless, the monitoring type, representativeness of the location, pollutant(s) of
concern and / or parameters to be sampled, description of sampling equipment and
sampling frequency of ambient waters should b�/"strategically designed to demonstrate
the level of progress made towards meeting the applicable WLA and addressing
impairments in the receiving and/or in downstream waters;
q. Describe the activitt the,permittee will conduct to address applicable WLA, including
for each pollutant bf concern, perttees shall report on the progress of the
characterization of thexelative pof Litant levels from various MS4 discharges to TMDL
waters. Resulting data shall be�ncluded in every annual report following the
commencement of monitoring for TMDL pollutant characterization.
4. Assessment of achieving the WLA/WQS
a. The WLA / WQS shall consist of a process and schedule for assessing the monitoring
data to prioritize areas of the SMS4 that will be targeted for implementation of SCM,
b. The WLA / WQS shall consist of a process and schedule for selection of appropriate
SCM that will implement the WLA to the MEP, will protect water quality, and will
satisfy the appropriate water quality requirements of the Clean Water Act, and,
C. The WLA / WQS shall include updates to TMDL Monitoring and Assessment Plans to be
submitted in each annual report.
d. The WLA / WQS shall document progress on the TMDL Monitoring and Assessment
Plan.
5. TMDL Implementation and Analysis
a. Permittees shall initiate the monitoring described in Section I above.
b. Any monitoring data and information generated from the previous year of the monitoring
program to satisfy the provisions above must be made available to the Department upon
request.
Part II Page 17 of 20
PERMIT NO. NCS000500
C. Permittees shall complete and submit TMDL Implementation Plans for approved TMDL
as follows;
i. Within 48 months from the Effective Date of this permit, or 48 months from the
new TMDL effective date, for existing permittees, and,
ii. Within 60 months from the Effective Date of Coverage, or 60 months from the
new TMDL effective date, for newly designated permittees.
d. TMDL Implementation Plans submitted to the Department and shall describe the
following:
e.
f.
g-
h.
i. Assessment of the monitoring data. Where long-term data is available, this
assessment should include an analysis of the data to show trends;
ii. Prioritization of areas targeted for implementation and underlying rationale;
iii. Structural and nonstructural controls to address the WLA. Permittees should
include a brief explanation of why the control re selected (e.g., expected load
reductions or percent of capture); an*,
iv. Schedule for completing controls implementation as soon as practicable. The
schedule shall describe all of the controls implementation activities that are
expected to occur during the current and the next permit term. In addition to the
control implementation activities that ar pected to occur during the current
permit cycle, the TMDL Implementation P n shall include proposed monitoring
to be used to evaluate the 0ectiveness of the control and facilitate the iterative
revision of the Control Implementation Plan to achieve progress towards
addressing the TMDL' WLA as long as the intended uses are not supported.
Permittees shall i plemeni those elements of the TMDL Implementation Plan that are
scheduled to occur within the term of this permit. Schedules and plans herein are part of
the re -application process.
Progress on the TMDL Implementation and Analysis shall be documented annually.
Should there be no water quality improvement of the discharges from the MS4 resulting
from implementation, permittees may be required to implement additional control
measures or to make changes to the TMDL implementation plan.
If there was no storm water waste load allocation in the TMDL, in lieu of developing a
Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or
expand BMPs within the scope of the six minimum measures to enhance water quality
recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwater
Management Plan and annual reports.
Information regarding North Carolina TMDLs is available at:
htlp://portal.ncdenr. org/web/wq/Ts/mtu/tmdl/tmdls
Part II Page 18 of 20
PERMIT NO. NCS000500
SECTION J: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
2.
Q
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015. These federal regulations require electronic submittal of all MS4 program reports by no
later than December 21, 2020, and specify that, if a state does not establish a system to receive
such submittals, then permittees must submit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
This special condition supplements or supersedes the following sections within Part IV of this
permit (Reporting and Record Keeping Requirements):
• Paragraph 1.
• Paragraph 3.
• Paragraph 8.
Records
Annual Reporting
Report Submittals
Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(,p.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Pa(aph 3.(a.)]
Starting on December 21, 2020, the permittee shall,elec nically report the following compliance
monitoring data and reports: Separate Storm Sewer S stem (MS4) Program Reports (See Part III
2., Program Assessment annual report)
The permittee may seek an electronic reporting waiver fj i the Division (see "How to Request a
Waiver from Electronic Reporting" sectio below). %
Electronic Submissions [Sup leme i art IV, P, graph 8.1
In accordance with 40 CFR 22. I(1)f9), the permittee must identify the initial recipient at the
time of each electronic sub - fission. The permittee should use EPA's website resources to identify
the initial recipient for eleftronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at: https://www.epa. ov�pliance/final-national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittee must electronically submit MS4 annual program reports no later than the
15' of the month following the completed reporting period. The permittee must sign and certify
all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this
permit.
Part II Page 19 of 20
PERMIT NO. NCS000500
5. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
ht ://de .nc. ov/about/divisions/water-resources/e
6. Records Retention [Supplements Part IV, Paragraph 1.
The permittee shall retain records of all Program Assessm�e t annual reports, including electronic
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be ext nded by request of the Director at any time [40 CFR
122.41].
Part II Page 20 of 20
PERMIT NO. NCS000500
PART III PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Permittee's Stormwater Plan.
A. Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative upon request.
B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness to the maximum extent practicable. The permittee shall develop and implement a
plan and schedule to address the identified modifications and improvements. The permittee must
submit annual reports to the Department within twelve monthsAom the effective date of this
permit. Subsequent annual reports must be submitted every t elve months from the scheduled
date of the first submittal. Annual reports that include appropriate information to accurately
describe the progress, status, and results of the permitte 's Sto 7water Plan and will include, but
is not limited to, the following components:
1. The permittee will give a detailed description of th status of implementation of the
Stormwater Plan as a whole. This ,�I1 include information on development and
implementation of each major component of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
2. The permittee willtahow
uately describe and justify any proposed changes to the
Stormwater Plan.ill include" escriptions and supporting information for the
proposed changes these changes will impact the Stormwater Plan (results,
effectiveness, implementation chedule, etc.).
do 3. The permittee will cument Zy necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
4. The permittee Twill include a summary of data accumulated as part of the Stormwater Plan
throughout the year along with an assessment of what the data indicates in light of the
Stormwater Plan.
5. The annual report shall include an assessment of compliance with the permit, information
on the establishment of appropriate legal authorities, inspections, and enforcement
actions.
C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7
(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed
to limit the Director's ability to conduct enforcement actions for violations of this permit.
D. The Division may request additional reporting information as necessary to evaluate the progress
and results of the permittee's Stormwater Plan.
Part III Page 1 of 1
PERMIT NO. NCS000500
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
1. Reports submitted to satisfy other State Stormwater Reporting requirements satisfy the
annual reporting requirements of this permit to the extent that the reports satisfy Part III,
paragraph 2 (a) through (e) and Part IV, paragraph 3 (c) of this permit.
2. The permittee will submit reporting and monitoring information on an annual basis.
Completion and submittal of the reporting inform ationtained within the online BIMS
Stormwater Management Program Assessm nt (SMPA) meets the annual reporting
requirements of this permit. ;; %►�
3. The annual report shall document:
a. A summary of past year activities; includi where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
C. Planned activities and changes for the next reporting period, for each program
component: dr\activity.
d. Fiscal analysis.`
4. Posting the results of an a nu program assessment on the permittee website as
conducted by another local government, a third party, or a self -assessment, meets the
annual reporting requirement.
C. Twenty-four Hour Reertrng
The permittee shall report to the Division any noncompliance that may constitute an imminent
threat to health or the environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes, the
period of noncompliance and if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
Part IV Page 1 of 2
PERMIT NO. NCS000500
E. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
F. Planned Changes
The permittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan; or where the modification could significantly change the timeframe for implementation of
parts of the program or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
1. All reports required herein, not submitted el ,ctronicaliy shall be submitted to the
following address:'
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Colina 27699-1612
2. All applications, reports, or inf ri ation, other than those submitted electronically, shall
be signed by a prin . 1 executive officer, ranking elected official or duly authorized
representative. A rso i" duly authorized representative only i£
a. The authorization is em writing by a principal executive officer or ranking
elected official;
b. The authorization%specified either an individual or a position having
responsibility the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stormwater
matters; and
C. The written authorization is submitted to the Director.
3. Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 2 of 2
PERMIT NO. NCS000500
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.
a. The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
b. The Clean Water Act provides that any per6 w o violates a;�permit condition is subject
to a civil penalty not to exceed the maximum amounts, authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$37,300 per day for each violation). Any person Wk o negligently violates any permit
condition is subject to criminal peolies of $2,500 to $25,000 per day of violation, or
imprisonment for not more than I'year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisptiment for not more than 3 years, or both. Also, any person who
violates a permit c ndition may be assessed an administrative penalty not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal/Act 33 USCG 1319 and 40 CFR 122.41(a).]
C. 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. [Ref: North Carolina
General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act
and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as
amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per day for each day during which the violation continues, with the maximum
amount of any Class 11 penalty not to exceed $137,500).
Part V Page 1 of 5
PERMIT NO. NCS000500
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143 -215.3, 143 -215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the irkstitilAon of any legal action or relieve
the permittee from any responsibilities, liabilities, or,penaltie to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311f the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance a e temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, an infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are se able, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 5
PERMIT NO. NCS000500
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiratio-n date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any discharge that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USCJ,'2�51,et seq. ;the renewal application shall include a
review of the Stormwater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time i&--
�1
Part V Page 3 of 5
PERMIT NO. NCS000500
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order tom ' tain compliance with the
condition of this permit.
Part V Page 4 of 5
PERMIT NO. NCS000500
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
1. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, ectuipmerit (including monitoring and control
equipment), practices, or operations of the permittee regulatec�or required under this
permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Ac , substances or parameters at any
location under the control of the permittee.
2. Availability of Reports
Except for data determined, to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, a4,reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Water Quality. Knowingly
making any false statement on any such report may result in the imposition of criminal penalties
as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
Part V Page 5 of 5
PERMIT NO. NCS000500
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page I of 1
PERMIT NO. NCS000500
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H
.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of 1
PERMIT NO. NCS000500
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
Built -upon Area
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. " ilt-upon area" does not include
a wooden slatted deck, the water area of a swimming pool;�of� ervious or partially pervious
paving material to the extent that the paving material absor ster o llows water to infiltrate
through the paving material. ;y/
4. Clean Water Act
5.
The Federal Water Pollution Control Act, Voihe Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq. r
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more the following ways:
• In separate stages
• In separate phases
• In combination wit other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts,
permit application, zoning request, or computer design) or physical demarcation (including but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
It can include one operator or many operators.
6. Department
Department means the North Carolina Department of Environmental Quality
7. Division (DEMUR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Part VIII Page 1 of 5
PERMIT NO. NCS000500
8. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
11. Industrial Activi
For the purposes of this permit, industrial activities s all all industrial activities as defined
in 40 CFR 122.26.
12. Large or Medium Municipal Separate Storm Sewer Svstem
All municipal separate storm sewers that are
(a) Located in an incorporated plac it4 pojmKtion of 100,000 or more as determined by
the Decennial Census by the Bilrea V
us; or
(b) Located in the count wit�unii rorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns'within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b)
and that are designated by the Director as part of the large or medium separate storm
sewer system.
13. Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major 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).
Part VIII Page 2 of 5
PERMIT NO. NCS000500
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned TrTW) as defined in 40 CFR
122.2
15. Non-stormwater DischargeCategories
The following are categories of non-stormwater dischargSs that the permittee shall address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [asA fined in 40 CFR.35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water; springs, water from crawl space pumps, footing drains, lawn
watering, individual reside ritial car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (discharges or flows from
firefighting activities are excluded1rom the definition of illicit discharge and only need to be
addressed where they are identified as significant sources of pollutants to waters of the United
States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
Part VIII Page 3 of 5
PERMIT NO. NCS000500
17. Outfall
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 States 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.
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that
(a) Results in no net increase in
(b) Provides equal or greater storm, t*er e'ontro�than the previous development.
21. Representative Storm EvenWr
A storm event that measures ea than inches of rainfall and that is preceded by at
least 72 hours in which no form event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 40 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
22. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
23. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
Part VIII Page 4 of 5
PERMIT NO. NCS000500
24. Stormwater Management Program (SWMP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase II regulations to be developed by MS4
permittees.
25. Stormwater Plan
The Stormwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stormwater management
program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.
26. Stormwater Runoff
The flow of water which results from
rainfall or as a result of snowmelt.
27. Total Maximum Daily Load (TMDL)
y following
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of dater to restore. and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Part VIII Page 5 of 5