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HomeMy WebLinkAboutNCS000529_MS4 Annual Report (2022-23 FY)_20230809 (3) -4 STATE Q.., ROY COOPER .5 Governor 5 ) jd` „., ELIZABETH S. BISER ., J Secretary iik �^^ °'�= DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality April 5,2023 CERTIFIED MAIL 7022 2410 0003 1437 0408 RETURN RECEIPT REQUESTED City of Kings Mountain Attn:James Palenick,City Manager Post Office Box 429 Kings Mountain,North Carolina 28086 Subject: NOTICE OF VIOLATION(NOV-2023-PC-0I32) City of Kings Mountain NPDES MS4 Permit No.NCS000529 Cleveland/Gaston County Dear Mr.Palenick: On March 20,2023,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 the following documentation for review and comment within one hundred twenty(120)calendar days from the date of receipt of this letter: a. A Draft Stormwater Management Plan(SWMP)which details specific actions,measurable goals, and implementation timelines to bring the stormwater management program into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP Template. The SWMP must address all known compliance deficiencies including,at a minimum,the items detailed in the DEQ MS4 Program Audit Report and the 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 Q— North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources �Jly( 512 North Salisbury Street 1 i612 Mail Service Center I Raleigh,North Carolina 27699-1612 rioan+cano !i eewa+ramrnwawwm�. , 919.707.9200 V/"" 1 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000529 Kings Mountain, NORTH CAROLINA 1013 N Piedmont Avenue. Audit Date: March 20, 2023 Report Date: March 31, 2023 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 TABLE OF CONTENTS Audit Details 1 Permittee Information 2 List of Supporting Documents 3 Program Implementation, Documentation&Assessment 4 Public Education and Outreach 7 Public Involvement and Participation 8 Illicit Discharge Detection and Elimination (IDDE) 9 Post-Construction Site Runoff Controls 11 Pollution Prevention and Good Housekeeping for Municipal Operations 15 Site Visit Evaluation: Municipal Facility No. 1 17 Site Visit Evaluation: Municipal Facility No. 2 18 Site Visit Evaluation: MS4 Outfall No. 1 19 DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Storm water Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Storm water Management Plan in accordance with the issued permit. NCS000529_Kings Mountain MS4 Audit_20230320 ii Audit Details Audit ID Number: Audit Date(s): NCS000529_Kings Mountain MS4 Audit_20230320 March 20 and 21,2023 Minimum Control Measures Evaluated: El Program Implementation, Documentation&Assessment ® Public Education&Outreach 0 Public Involvement& Participation ® Illicit Discharge Detection&Elimination ® Construction Site Runoff Controls—No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls—Delegated Sediment and Erosion Control Program • Post-Construction Site Runoff Controls ® Pollution Prevention and Good Housekeeping for Municipal Operations ❑Total Maximum Daily Loads(TMDLs) Field Site Visits: Municipal Facilities. Number visited:3 • MS4 Outfalls. Number visited: 1 O Construction Sites. Number visited:Choose an item. ® Post-Construction Stormwater Runoff Controls. Number visited:1 ❑ Other: . Number visited:Choose an item. ❑ Other: .Number visited:Choose an item. Inspector(s)Conducting Audit Name.Title Organization Isaiah Reed,MS4 Program Coordinator NCDEQ Audit Report Auth•-. Date: ' /57g a-3 Signature %/J NCS000529_Kings Mountain MS4 Audit_20230320 Page 1 of 19 List of Supporting Documents Item When Provided Number Document Title (Prior to/During/After) 1 Stormwater Ordinance After 2 MS4 Map After 3 SOPs Document After 4 SCM Inventory After 5 SCM Application During 6 SCM O&M Plan After 7 O&M/SOP for Pollution Prevention After 8 Spill Response Plan After NCS000529_Kings Mountain MS4 Audit_20230320 Page 3 of 19 Program Implementation, Documentation &Assessment II.A.3&IL.A.5 Stormwater Plan Did DEMLR require a modification to the Stormwater Plan? Not --- I Applicable Modifications If yes,did the permittee complete the modifications in accordance with the Not established deadline? Applicable No SWMP has been previously submitted and approved prior to 2023 submittal. Il.A.6 Sharing Responsibility Are any control measures implemented by an entity other than the permittee? Partial --- If yes, is there a written agreement in place? No -• Joel E Woods and Associates.No agreement in place. II.A.7 The permittee maintained written procedures for implementing the six minimum Written No control measures. --- Procedures Written procedures identified specific action steps,schedules,resources and No --- responsibilities for implementing the six minimum measures. No written programs exist.SOPs are available.Some SOPs Reviewed during audit.Staff responsible for program implementation not Identified in the SOP. III.A The permittee maintained documentation of all program components including,but Program not limited to,inspections, maintenance activities,educational programs, No --- Documentation implementation of BMPs,enforcement actions etc.,on file for a period of five years. Documentation of all aspects of the program has not been maintained. III_B The permittee submitted annual reports to the Department within twelve months Annual Report from the effective date of the permit(See Section 111.B.for the annual reporting Yes BIMS Submittal period specific to this MS4). The permittee submitted subsequent annual reports every twelve months from the Yes --- scheduled date of the first annual report submittal. The Annual Reports included appropriate information to accurately describe the progress,status,and results of the permittee's Stormwater Plan,including,but not limited the following: 1. A detailed description of the status of implementation of the Stormwater Plan as a whole.This will include information on development and implementation Not of each major component of the Stormwater Plan for the past year and Reviewed schedules and plans for the year following each report. 2. An adequate description and justification of any proposed changes to the Stormwater Plan.This will include descriptions and supporting information for Not the proposed changes and how these changes will impact the Stormwater Reviewed "Plan(results,effectiveness,implementation schedule,etc.). 3. Documentation of any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Not --- Reviewed Plan. NCS000529_Kings Mountain MS4 Audit_20230320 Page 5 of 19 Public Education and Outreach Staff Interviewed: Susan Todd,Stormwater Coordinator (Name,Title,Role) Rickey Putnam,PW/SW Director Ci White,Stormwater Supervisor Will Stroup,Stormwater Crew Leader Ricky Duncan Public Infrastructure Director Permit Citation Program Requirement I Status Supporting Doc No. Goals and The permittee defined goals and objectives of the Local Public Education and No --- Objectives Outreach Program based on community wide issues. No SWMP has been submitted and approved prior to 2023 submittal. I1.B.2.b The permittee maintained a description of the target pollutants and/or stressors and Partial -- Target Pollutants likely sources. Litter and pet waste are discussed on webpage and Draft SWMP. II.B.2.c The permittee identified,assessed annually and updated the description of the target No --- Target Audiences audiences likely to have significant storm water impacts and why they were selected. No documentation of annual update to target audience. 11.B.2.d Residential The permittee described issues,such as pollutants,the likely sources of those and Industrial/ pollutants, potential impacts,and the physical attributes of stormwater runoff in Yes --- j Commercial Issues their education/outreach program. 11.13.2.e The permittee promoted and maintained an internet web site designed to convey the Informational Yes Website Web Site programs message. Cityofkm.corn 6.11. 2f - -- — - I .B..ublic Education The permittee distributed stormwater educational material to appropriate target No --- Materials groups. Bi-monthly Newsletter until December.Had been used for 8 years.Mostly about waste handling.No longer sending out newsletter. 11.B.2.g The permittee promoted and maintained a stormwater hotline/helpline for the Hotline/Help Line Yes Website purpose of public education and outreach. Cityofkm.corn II.B.2.h The permittee's outreach program,including those elements implemented locally or Public Education through a cooperative agreement,included a combination of approaches designed to Yes See List and Outreach reach the target audiences. Below Program For each media,event or activity,including those elements implemented locally or through a cooperative agreement the permittee estimated and recorded the extent No of exposure. Earth day:Vendors and Booth setup. Beach Blast/Mountaineer Days:Vendors and Booth. Citizens and businesses received newsletter. Environmental Week:Once a year with Enviro-scope. NCS000529_Kings Mountain MS4 Audit_20230320 Page 7 of 19 Illicit Discharge Detection and Elimination (IDDE) Staff Interviewed: Susan Todd,Stormwater Coordinator (Name,Title, Rickey Putnam,PW/SW Director Role) CJ White,Stormwater Supervisor Will Stroup,Stormwater Crew Leader Ricky Duncan Public Infrastructure Director Permit Citation Program Requirement j J Status I Supporting Doc No- 11.D.2.a IDDE Program The permittee maintained a written IDDE Program. No --- If yes,the written program includes provisions for program assessment and Not _ evaluation and integrating program. Applicable '- No written IDDE program was made available at the time of the audit. 1 The permittee maintained an IDDE ordinance or other regulatory mechanism(s)that Yes 1 I1.D.2.b provides the legal authority to prohibit illicit connections and discharges to the MS4. Legal Authorities If yes,the ordinance applies throughout the corporate limits of the permittee. Yes 1 [Permit Part I.DJ II.D.2.c Storm Sewer The permittee maintained a current map showing major outfalls and receiving Partial 2 System Map streams. COMMENTS PENDING MAP SUBMITTAL II.D.2.d The permittee maintained a program for conducting dry weather flow field Dry Weather Flow No --- Program observations in accordance with written procedures. No dry weather screening program does not exist and has not been implemented. lLD.2.e Investigation The permittee maintained written procedures for conducting investigations of Partial 3 Procedures identified illicit discharges. SOPs reviewed during audit contain an amount of information about outfall inspection. II.D.2.f For each case of an illicit discharge or potential illicit discharge,the permittee documented and tracked the Track and following: Document Investigations 1. The date(s)the illicit discharge was observed No — 2. The results of the investigation No --- 3. Any follow-up of the investigation No -- 4. The date the investigation was closed No --- No NOV issuance documented.No standardized tracking mechanism has been created ad utilized. NCS000529_Kings Mountain MS4 Audit_20230320 Page 9 of 19 Post-Construction Site Runoff Controls Staff Interviewed: Susan Todd,Stormwater Coordinator (Name,Title, Role) Rickey Putnam, PW/SW Director G White,Stormwater Supervisor Will Stroup,Stormwater Crew Leader Ricky Duncan Public Infrastructure Director Implementation(check all that apply): ll The permittee implements the components of this minimum measure. ❑ The permittee relies upon another entity to implement the components of this minimum measure: name of entity ❑ The permittee implements the following deemed-compliant program(s),which meet NPDES MS4 post-construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below(Complete Session Law2006-246 section below): ❑ Water Supply Watershed I(WS-I)—15A NCAC 2B.0212 ❑ Water Supply Watershed II(WS-II)—15A NCAC 2B .0214 El Water Supply Watershed Ill (WS-Ill)—15A NCAC 2B.0215 El Water Supply Watershed IV(WS-IV)—15A NCAC 2B.0216 ❑ Freshwater High Quality Waters(HQW)—15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters(ORW)—15A NCAC 2H.1007 ❑ Neuse River Basin Nutrient Sensitive(NSW)Management Strategy—15A NCAC 2B.0235 ❑ Tar-Pamlico River Basin Nutrient Sensitive(NSW)Management Strategy—15A NCAC 2B.0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy—15A NCAC 2B .0251 ❑ Universal Stormwater Management Program—15A NCAC 2H.1020 Ordinance(s)(check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area(check all that apply): ❑ DEQ model ordinance ® MS4 designed post-construction practices that meet or exceed 15A NCAC 02H.1000. ❑ DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed-compliant Program(see list above) Instructions: For MS4s not implementing a S.L.2006-246 deemed-compliant program,complete only the Permit Citation section below. For M54s implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s)not covered under the S.L.2006-246 deemed-compliant program. NC5000529_Kings Mountain MS4 Audit_20230320 Page 11 of 19 Post-Construction Site Runoff Controls II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre(including sites No that disturb less than one acre that are part of a larger common plan of development or sale). If yes,the site plan reviews addressed how the project applicant meets the Not performance standards. Applicable --- If yes,the site plan reviews addressed how the project will ensure long-term Not maintenance. Applicable Reviews conducted by consultant. II.F.2.d The permittee maintained an inventory of projects with post-construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes 4 development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post-construction ordinance Yes 4 requirements. ILF.2.e — ---- --- - — Deed Restrictions The permittee provided mechanisms such as recorded deed restrictions and protective covenants that ensure development activities will maintain the project Partial and Protective consistent with approved plans. Covenants Part of the permit application.City staff are checking for O&M Plan. II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to Yes 6 the long-term operation of the SCMs required by the program. Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Maintenance No 6 and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by a Yes 1 qualified professional. City staff require O&M Plan in addition to consultant review. II'F'2'g The permittee conducted and documented inspections of each project site covered Inspections of No under performance standards,at least one time during the permit term. Structural Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy,the Measures permittee conducted a post-construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee No completion(Verify this is a permit condition in Part 11.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program(Verify this is a permit No --- condition in Part 11.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. No --- The permittee documented and maintained records of enforcement actions. No -- NCS000529_Kings Mountain MS4 Audit_20230320 Page 13 of 19 Pollution Prevention and Good Housekeeping for Municipal Operations Staff Interviewed: Susan Todd,Stormwater Coordinator (Name,Title, Role) Rickey Putnam,PW/SW Director Ci White,Stormwater Supervisor Will Stroup,Stormwater Crew Leader Ricky Duncan Public Infrastructure Director Permit Citation Program Requirement Status Supporting Doc No. II.G.2.a The permittee maintained a current inventory of facilities and operations owned Facility Inventory and operated by the permittee with the potential for generating polluted Partial --- stormwater runoff. Inventory is for all municipal property,and does not specify which are sources of polluted SW runoff. II.G.2.b The permittee maintained and implemented an O&M program for municipally Operation and owned and operated facilities with the potential for generating polluted No -- Maintenance(O&M) stormwater runoff. for Facilities If yes,the O&M program specifies the frequency of inspections. Not --- Applicable If yes,the O&M program specifies the frequency of routine maintenance Not requirements. Applicable If yes,the permittee evaluated the O&M program annually and updated it as Not necessary. Applicable An O&M Plan made available at the time of the audit. II.G.2.c Spill Response The permittee had written spill response procedures for municipal operations. Yes 8 Procedures II.G.2.d Streets, The permittee evaluated existing and new BMPs that reduce polluted stormwater Roads,and Public runoff from municipally-owned streets, roads,and public parking lots within its No --- Parking Lots corporate limits annually. Maintenance If yes,the permittee evaluated the effectiveness of existing and new BMPs No --- based on cost and the estimated quantity of pollutants removed. Street sweeper not run during leaf season. Vac trucks run during leaf season. II.G.2.f O&M for Catch The permittee maintained and implemented an O&M program for the stormwater Basins and sewer system including catch basins and conveyance systems that it owns and Yes 7 Conveyance Systems maintains. II.G.2.d The permittee maintained a current inventory of municipally-owned or operated Structural structural stormwater controls installed for compliance with the permittee's post- Yes 4 Stormwater Controls construction ordinance. Inventory provided. NCS000529_Kings Mountain MS4 Audit_20230320 Page 15 of 19 Site Visit Evaluation: Municipal Facility No. 1 Facility Name: Date and Time of Site Visit: Wastewater Treatment Plant March 21,2023 Facility Address: Facility Type(Vehicle Maintenance,Landscaping,etc.): 208 Potts Creek Road WWTP Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(List date and name of inspector): CJ White,Stormwater Supervisor None Name(s)and Title(s)of Facility Representative(s) Present During the Site Visit: Name Title Gary Beason Richelle Putnam Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP)or similar document?Is it facility-specific? Yes What type of stormwater training do facility employees receive?How often? Stormwater training administered by Riche!!e Putnam as part of NCG11 requirements. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? No regular training documented Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? No Did the M54 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? No Does the MS4 inspector's process include taking photos? No Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)? No Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? No Did the MS4 inspector miss any obvious areas of concern?If so,explain: No Does the MS4 inspector's process include presenting the inspection findings to the facility contact? No Inspection Results Inspection used as training opportunity. No MS4 inspections previously conducted. NCS000529_Kings Mountain MS4 Audit_20230320 Page 17 of 19 Site Visit Evaluation: MS4 Outfall No. 1 Outfall ID Number: Date and Time of Site Visit: Not Specified March 21,2023 9:30am Dui-fall Location: Outfall Description(Pipe Material/Diameter,Culvert,etc.): 101 E Gold Street 36"CMP Receiving Water: Is Flow Present?If So, Describe(Color,Approximate Flow Rate, Not specified Sheen,Odor,Floatables/Debris,etc.): Minor floatable observed.Regular flow present. Most Recent Outfall Inspection/Screening(Date): None Days Since Last Rainfall: Inches: Not evaluated N/A Name of MS4 Inspector(s)evaluated: Cl White,Stormwater Supervisor Observations Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? No regular training documented. Did the M54 inspector appear knowledgeable about illicit discharge indicators and investigations? Yes Inspection Procedures Does the inspector's process include the use of a checklist or other standardized form? No Does the inspector's process include taking photos? No Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues?If so,what were they? No Inspection Results Did the outfall inspection result in any work orders or maintenance requests? If so,for what issue(s)? No Will a follow-up outfall inspection be conducted?If so,for what reason? Yes,Routine. Notes/Comments/Recommendations Inspection used as training opportunity. No M54 inspections previously conducted. NCS000529_Kings Mountain MS4 Audit_20230320 Page 19 of 19