NCS000485_(Signed) NOV_20230804

ROY COOPER
Gorey nor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
Interim Director
NORTH CAROLINA
Environmental Quality
August 4, 2023
CERTIFIED MAIL 7020 3160 0000 4115 7492
RETURN RECEIPT REQUESTED
Town of Nashville
Attn: Randy Lansing
499 South Barnes Street
Nashville, NC 27856
Subject: NOTICE OF VIOLATION (NOV-2023-PC-0413)
Town of Nashville
NPDES MS4 Permit No. NCS000485
Nash County
Mr. Lansing
On July 19, 2023, staff from the North Carolina Department of Environmental Quality (DEQ) conducted a
compliance audit of subject National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit. The audit identified major deficiencies with the specific components of
the MS4 permit that were reviewed, as provided in the attached DEQ MS4 Permit Compliance Audit Report.
This report lists and describes the serious deficiencies with certain components of the MS4 permit, which
constitutes a violation of the Clean Water Act and is grounds for enforcement action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be issued in response to the
audit. As such, the permittee is required to complete the following actions:
1. Respond in writing within thirty (30) calendar days from the date of receipt of this notice to acknowledge
these requirements and the intent to comply.
2. Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of this notice. The
resolution must declare support for a compliant stormwater management program. A sample council
resolution with the minimum requirements is enclosed with this letter. An original signed document must
be submitted to DEQ.
3. Submit documentation for review and comment within one hundred twenty (120) calendar days from the
date of receipt of this letter:
a. Part II Section A: Program Implementation, Documentation & Assessment
b. Part II Section 13: Public Education and Outreach Program Plan,
c. Part II Section D: Illicit Discharge Detection and Elimination Program Plan
d. Part II Section G: Pollution Prevention and Good Housekeeping Program Plan
DE
��� North Carolina Deparrt5nent of Environmental Qualily I Division of Energy. Mineral and Land Resources
Raleigh Regional Office 1628 Mail Service Center 13800 Barrett Drive I Raleigh. North Carolina 27604
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Self -evaluate the permit components that were not reviewed by DEQ for compliance and submit
the results within one hundred twenty (120) calendar days from the date of receipt of this letter.
The Part II of the MS4 Phase II Audit Template on the DEQ stormwater web site can be used for
this purpose. The specific sections that should be self -audited include:
i. Section C, Public Involvement and Participation;
ii. Section E: Construction Site Runoff Controls;
iii. Section F: Post -Construction Site Runoff Controls;
iv. Section H: Total Maximum Daily Loads.
e. Develop a Draft Stormwater Management Plan (SWMP) which details specific actions,
measurable goals, and implementation timelines to bring the stormwater management program
into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP
must be documented utilizing the DEQ Phase 11 MS4 SWMP Template, The SWMP must address
all known compliance deficiencies including, at a minimum, the items detailed in the DEQ MS4
Program Audit Report and the self -audit.
4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or
b. Within thirty (30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP Anew 5-year NPDES MS4 permit will be public
noticed along with the Draft Final SWMP.
5. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ approval and
final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of the
NPDES MS4 permit and an Annual Self -Assessment Template that corresponds to the approved SWMP
will be provided.
Required documentation shall be submitted via e-mail to isaiah.reed@deg,nc,.gov, or [phone]
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
1612 Mail Service Center
Raleigh, NC 27699-1612
If the MS4 fails to meet the aforementioned requirements and/or submits a significantly noncompliant Draft
SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit:
Understate law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit [North Carolina General Statute 143-21 S.6A]. Please note that
compliance with the requirements of this notice and/or issuance of civil or criminal penalties levied by
DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee.
w.D_EQ!
/ niwiee Eerime�Wauamr\ dl"�'
North Caroiina Department of Ens :ronntental Quality I Divisior. of Energy Minera: and Land Resources
Raleigh Regional Office ih28 Mail Service Center 1-1800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

Thank you for your attention to this matter. Should you have any questions, please contact Thad Valentine at
[phone] or thad.valentineCla deq.nc.gov or the MS4 Program Coordinator at Isaiah.reedCa deg.nc.gov
Sincerely,
William H. Denton, [V, PE, Regional Engineer
Division of Energy, Mineral and Land Resources -
Land Quality Section
Department of Environmental Quality
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
CC:
Randy Lansing, Town Manager
Isaiah Reed, DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File
RE
North Carolina Department of Environmental Quality I Division of Energy. Mineral and land Resources
Raleigh Regional Office ; 1628 MA Service Center 13800 Barrett Drive I Raleigh. North Carolina 27609
919.791,4200