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HomeMy WebLinkAboutNCS000416_Council Resolution_20231113 Page 1 of 30 111:61and Resolution R-23-082 Introduced By: Niel Brooks Date: November 13,2023 Resolution R-23-082 Affirming the Town of Leland Council's Support Regarding Implementation of a Compliant NCDES MS4 Stormwater Program WHEREAS, the Town of Leland resolves to develop and implement a compliant stormwater management program that meets the requirements of the Town of Leland National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000416 to discharge stormwater, inclusive of the requiremed Stormwater Management Plan to be prepared by the Town of Leland and approved by the North Carolina Department of Environmental Quality; and WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater discharges from municipal separate storm water systems; and WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of Environmental Quality; and WHEREAS,the North Carolina Department of Environment Quality issued the Town of Leland its third NPDES MS4 Permit for discharge of stormwater on September 13, 2023; and WHEREAS,the Town of Leland was issued Notice of Violation number NOV-2023-PC-0440 on September 13, 2023 for noncompliance with the issued NPDES MS4 Permit; and WHEREAS, the Town of Leland acknowledges the specific Notice of Violation requirement to obtain a new individual NPDES MS4 Permit; and WHEREAS, the Town of Leland acknowledges the specific Notice of Violation requirement to conduct a self-audit of permit compliance for the balance of permit requirements not specifically audited by North Carolina Department of Environment Quality, and to develop a draft Stormwater Management Plan to comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan to the North Carolina Department of Environmental Quality no later than 120 days from September 13, 2023 for review and approval; and Resolutions Page 2 of 30 WHEREAS,the Town of Leland acknowledges the specific Notice of Violation requirement to adopt a Council Resolution to implement a compliant and enforceable stormwater management program as defined by both the NPDES MS4 Permit number NCS000416 and the required new Stormwater Management Plan, and said Resolution is to be submitted to the North Carolina Department of Environmental Quality no later than 60 days from September 13, 2023; and WHEREAS, the Town of Leland acknowledges the requirement to provide adequate funding and staffing to implement a Stormwater Management Program that compiles with its NPDES MS4 Permit and approved Stormwater Management Plan; and WHEREAS,the Town of Leland acknowledges that North Carolina Department of Environmental Quality enforcement action and penalties could result from non-compliance with the specific requirements in Notice of Violation number NOV-2023-PC-0440; and WHEREAS,the Town of Leland acknowledges that any North Carolina Department of Environmental Quality enforcement action and penalties may not prohibit the U.S. Environmental Protection Agency from taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit. Therefore, Be It Resolved: That the Council of the Town of Leland hereby affirms its support for development and implementation of a compliant NPDES MS4 Stormwater Program. Adopted by Town Council on this 13th day of November, 2023. Brenda Bozeman, Mayor Sabrena A. Reinhardt,Town Clerk Resolutions %4 srnrE a ROY COOPER Page 3 of 30 Governor ELIZABETH S.BISER Secretary WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality September 13,2023 CERTIFIED MAIL 7022 2410 0003 1437 0460 RETURN RECEIPT REQUESTED Town of Leland Attn: David A.Hollis 102 Town Hall Drive Leland,NC 28451 Subject: NOTICE OF VIOLATION(NOV-2023-PC-0440) Town of Leland NPDES MS4 Permit No.NCS000416 Brunswick County Dear Mr.Hollis: On July 19,2023,staff from the North Carolina Department of Environmental Quality(DEQ)conducted a compliance audit of the 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 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. Develop a Draft Stormwater Management Plan(SWMP)which details specific actions, measurable goals,and implementation timelines to bring the stormwater management program into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP Template. The SWMP must address all known compliance deficiencies including,at a minimum,the items detailed in the DEQ MS4 Program Audit Report and the 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 D E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 noanr c�o�xu "�' "" "'�\ ' 919.707.9200 Notice of Violation Town of Leland Page 4 of 30 September 13, 2023 Page 2 of 2 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. A new 5-year NPDES MS4 permit will be public noticed along with the Draft Final SWMP. S. 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.Reedodea nc gov or to: DEQ-DEMLR Stormwater Program Attn: Isaiah Reed 2090 U.S.Highway 70 Swannanoa,NC 28778 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: Under state law,a daily civil penalty of not more than twenty-five thousand dollars($25,000)per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions,or requirements of a permit[North Carolina General Statute 143-215.6A]. Please note that compliance with the requirements of this notice and/or issuance of civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Thank you for your attention to this matter. Should you have any questions,please contact Isaiah Reed at (828) 296-4618 or Isaiah.Reed(@deg.nc.gov. Sincerely, saiah Reed,PE,CPSWQ,MS4CECI MS4 Program Coordinator North Carolina Department of Environmental Quality Enclosures: DEQ MS4 Permit Compliance Audit Report Example Council Resolution EC: Isaiah Reed,MS4 Program Coordinator Isaiah.reed0deg.nc.gov Robert Miller rmiller(@townofleland.com DEMLR NPDES MS4 Permit Laserfiche File Page 5 of 30 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000416 LELAND, NORTH CAROLINA 102 Town Hall Drive, Leland, NC Audit Date: July 19, 2023 Report Date: August 25, 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 Page 6 of 30 (This page intentionally left blank) NCS000416_Leland MS4 Audit_20230719 i Page 7 of 30 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 List of Supporting Documents...................................................................... 3 ........................... Program Implementation, Documentation&Assessment...........................................................................4 PublicEducation 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 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1....:.......................................20 DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater 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 Stormwater Management Plan in accordance with the issued permit. NCS000416_Leland MS4 Audit_20230719 it Page 8 of 30 This page intentionally left blank NCS000416_Leland MS4 Audit_20230719 iii Page 9 of 30 Audit Details Audit ID Number: Audit Date(s): NCS000416_Leland MS4 Audit_20230719 July 19,2023 Minimum Control Measures Evaluated: ® Program Implementation, Documentation&Assessment ® Public Education&Outreach ® 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:Choose an item. ❑ MS4 Outfalls. Number visited:Choose an item. ❑ Construction Sites.Number visited:Choose an item. ❑ Post-Construction Stormwater Runoff Controls.Number visited:Choose an item. ❑ Other: Number visited:Choose an item. ❑ Other: Number visited:Choose an item. Inspector(s)Conducting Audit Name,Title Organization Isaiah Reed,Environmental Engineer NCDEQ Christine Hall, Engineering Supervisor NCDEQ Dan Sams,Regional Engineer NCDEQ Audit Report Author: Date: Signature _ /l ,2-j NCS000416_Leland MS4 Audit_20230719 Page 1 of 20 Page 10 of 30 Permittee Information MS4 Permittee Name: Permit Effective Date: Permit Expiration Date:. Town of Leland 2/1/2018 1/31/2023 Mailing Address: Date of Last MS4 Inspection/Audit: 102 Town Hall Drive.Leland,NC 28451 None Co-permittee(s),if applicable: None Permit Owner of Record: David A. Hollis,Town Manager Primary MS4 Representatives Participating in Audit Name,Title Oreanization Robert Miller, Public Services Director Town of Leland MS4 Receiving Waters Waterbodv Classification Impairments Receiving waters withing the Cape Fear SA None River Basin NCS000416_Leland MS4 Audit_20230719 Page 2 of 20 Page 11 of 30 List of Supporting Documents Item When Provided Number Document Title (Prior to/During/After) 1 Annual Report 21/22 After 2 Agreement with CWEP and CFRW After 3 Cape Fear Report After 4 Clean Sweep volunteer data After 5 IDDE Ordinance After 6 Sign in Sheet for annual IDDE Training After 7 Post Construction Ordinance After 8 Post-C Approval Letter After 9 Example Deed Restriction After 10 Inventory of SCMs After 11 Screenshot of Infrastructure After 12 Spill Prevention and Response Plan After 13 Inventory of Municipally-Owned SCMs After 14 O&M Plan for Municipally-owned SCMs After 15 Herbicide/Pesticide Applicator License After NCS000416_Leland MS4 Audit_20230719 Page 3 of 20 Page 12 of 30 Program Implementation, Documentation &Assessment Staff Interviewed: Robert Miller,Public Services Director (Name,Title,Role) Permit Citation Program Requirement Status Supporting Doc No. II.A.1 The permittee maintained adequate funding and staffing to implement and manage Staffing and the provisions of the Stormwater Plan and meet all requirements of the permit. Yes -- Funding The Stormwater Plan identifies a specific position(s)responsible for the overall Not coordination,implementation,and revision to the Plan. Reviewed Responsibilities for all components of the Stormwater Plan are documented and Not position(s)assignments provided. Reviewed The permittee is current on payment of invoiced administering and compliance monitoring fees(see stormwater e-payments on DEMLR MS4 web page). Yes BIMS No approved SWMP.Stormwater program funded from General Fund.Annual reports submitted through BIMS. II.A.2 Stormwater The permittee evaluated the performance and effectiveness of the program Plan components at least annually. Yes --- Implementation and Evaluation If yes,the permittee used the results of the evaluation to modify the program Not components as necessary to accomplish the intent of the Stormwater Program. Reviewed Did the permitted MS4 discharges cause or contribute to non-attainment of an applicable water quality standard? No --- If yes,did the permittee expand or better tailor its BMPs accordingly to address Not the non-attainment? Applicable No water quality impacts known. II.A.3 Keeping the The permittee kept the Stormwater Plan up to date. Not --- Stormwater Plan Applicable Up to Date The permittee notified DEMLR of any updates to the Stormwater Plan. Not --- Applicable An approved SWMP was not made available at the time of the audit. II.A.4 Availability The permittee kept an up-to-date version of its Stormwater Plan available to the of the Stormwater Division and the public online. No Website Plan The online materials included ordinances,or other regulatory mechanisms,or a list identifying the ordinances,or other regulatory mechanisms, providing the legal Partial Website authority necessary to implement and enforce the requirements of the permit. Townofleland.com Did DEMLR require a modification to the Stormwater Plan? Not --- Applicable NCS000416_Leland M54 Audit_20230719 Page 4 of 20 Page 13 of 30 Program Implementation, Documentation &Assessment II.A.3&II.A.S Stormwater Plan If yes,did the permittee complete the modifications in accordance with the Not Modifications established deadline? Applicable II.A.6 Sharing Responsibility Are any control measures implemented by an entity other than the permittee? Yes 2 If yes,is there a written agreement in place? Yes 2 Cape fear river watch.Clean Water Education Partnership.Cape fear river watch agreement does not include permit reference. II.A.7 The permittee maintained written procedures for implementing the six minimum Written control measures. No --- Procedures Written procedures identified specific action steps,schedules,resources and responsibilities for implementing the six minimum measures. No. No written programs made available at the time of the audit. Ill_A The permittee maintained documentation of all program components including,but Program not limited to,inspections,maintenance activities,educational programs, Yes 5 Years Documentation implementation of BMPs,enforcement actions etc.,on file for a period of five years. 111.13 The permittee submitted annual reports to the Department within twelve months Annual Report from the effective date of the permit(See Section 11LB.for the annual reporting Not ___ Submittal period specific to this M54). Reviewed The permittee submitted subsequent annual reports every twelve months from the Not scheduled date of the first annual report submittal. Reviewed 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 --- Plan. Reviewed 4. 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 Not ___ Stormwater Plan. Reviewed 5. An assessment of compliance with the permit,information on the establishment of appropriate legal authorities,inspections,and enforcement Not --- actions. Reviewed NCS000416_Leland MS4 Audit_20230719 Page 5 of 20 Page 14 of 30 Program Implementation, Documentation &Assessment Iy.B Annual Reporting The Annual Reports document the following: 1. A summary of past year activities, including where applicable,specific Not quantities achieved and summaries of enforcement actions. Reviewed 2. A description of the effectiveness of each program component. Not Reviewed 3. Planned activities and changes for the next reporting period,for each Not program component or activity. Reviewed ""- 4. Fiscal analysis. Not Reviewed NCS000416_Leland MS4 Audit_20230719 Page 6 Of 20 Page 15 of 30 Public Education and Outreach Staff Interviewed: Robert Miller,Public Services Director (Name,Title,Role) Permit Citation Program Requirement Status Supporting Doc No. II.B.2.a Goals and The permittee defined goals and objectives of the Local Public Education and Objectives Outreach Program based on community wide issues. Partial Website Website contains information on outreach. II.B.2.b The permittee maintained a description of the target pollutants and/or stressors and Target Pollutants likely sources. Partial Website Website contains information.CWEP does not provide an annual report 11.6.2.c The permittee identified,assessed annually and updated the description of the target Target Audiences audiences likely to have significant storm water impacts and why they were selected. No --- No commercial outreach known. 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 --- Commercial Issues their education/outreach program. Cape fear river watch conducts outreach at 3 schools per year 11.B.2.e Informational The permittee promoted and maintained an internet web site designed to convey the Yes Website Web Site program's message. Townofleland.com 11.B.2.f Public Education The permittee distributed stormwater educational material to appropriately focused Materials groups. Yes 3 Cape fear focused on school groups. I1. .2.e The permittee promoted and maintained a stormwater hotline/helpline for the Hotline/Help Line purpose of public education and outreach. Partial Website Townofleland.com 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 Not --- and Outreach Reviewed reach the target audiences. Program For each media,event or activity, including those elements implemented locally or through a cooperative agreement the permittee estimated and recorded the extent Not --- of exposure. Reviewed Stormwater public services director is still becoming familiar with activities implemented by outside contracted entities. NCS000416_Leland MS4 Audit_20230719 Page 7 of 20 Page 16 of 30 Public Involvement and Participation Staff Interviewed: Robert Miller,Public Services Director. (Name,Title,Role) Permit Citation Program Requirement Status supporting Doc No. II.C.2.a Volunteer Community The permittee included and promoted volunteer opportunities designed to promote Involvement ongoing citizen participation. Yes 4 Program Clean Sweep. Creek Week.Storm drain marking.2-3 residents.Documented by CWEP. Town staff cleanup. Volunteer creek cleanups. Resident creek cleanup. II.C.2.b Mechanism for The permittee provided and promoted a mechanism for public involvement that Public provides for input on stormwater issues and the stormwater program. No --- Involvement None documented. II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public No --- Hotline/Help Line involvement and participation. NCS000416_Leland MS4 Audit_20230719 Page 8 of 20 Page 17 of 30 Illicit Discharge Detection and Elimination (IDDE) Staff Interviewed: Robert Miller,Public Services Director (Name,Title, Role) Permit Citation Program Requirement Status Supporting Doc No. II.D.2.a IDDE Program The permittee maintained a written IDDE Program. No ___ If yes,the written program includes provisions for program assessment and evaluation and integrating No --- g g program. No Written IDDE Program has been maintained. The permittee maintained an IDDE ordinance or other regulatory mechanism(s)that II.D.2.b provides the legal authority to prohibit illicit connections and discharges to the MS4. Yes 5 Legal Authorities If yes,the ordinance applies throughout the corporate limits of the permittee. Yes 5 (Permit Part I.DJ No ETJ II.D.2.c Storm Sewer The permittee maintained a current map showing major outfalls*and receiving No """ System Map streams. II.D.2.d Dry Weather Flow The permittee maintained a program for conducting dry weather flow field No Program observations in accordance with written procedures. No dry weather screening outlined/planned. II.D.2.e Investigation The permittee maintained written procedures for conducting investigations of No --_ Procedures identified illicit discharges. No written program exists. 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 dates)the illicit discharge was observed Not __- Applicable 2. The results of the investigation Not _-- Applicable 3. Any follow-up of the investigation Not -_- Applicable 4. The date the investigation was closed Not __- Applicable II.D.2.e Employee The permittee implemented and documented a training program for appropriate Training municipal staff who,as part of their normal job responsibilities,may come into partial 6 contact with or otherwise observe an illicit discharge or illicit connection. Annual training for municipal staff on IDDE. NCS000416_Leland M54 Audit_20230719 Page 9 of 20 Page 18 of 30 Illicit Discharge Detection and Elimination (IDDE) II.D.2.h The permittee informed public employees of hazards associated with illegal Public Education discharges and improper disposal of waste. Yes 6 The permittee informed businesses of hazards associated with illegal discharges and improper disposal of waste. Yes 6 The permittee informed the general public of hazards associated with illegal discharges and improper disposal of waste. Yes 6 Annual training covers improper disposal of waste. II.D.2.i The permittee promoted, publicized,and facilitated a reporting mechanism for the Public Reporting Yes Website Mechanism public to report illicit discharges. The permittee promoted,publicized,and facilitated a reporting mechanism for staff to report illicit discharges. No --- The permittee established and implemented response procedures for citizen requests/reports. No —' No written program in place. II.D.2.9 The permittee implemented a mechanism to track the issuance of notices of violation Not Enforcement and enforcement actions administered by the permittee. Applicable --- If yes,the mechanism includes the ability to identify chronic violators for Not initiation of actions to reduce noncompliance. Applicable �-- NCS000416_Leland MS4 Audit_20230719 Page 10 of 20 Page 19 of 30 Post-Construction Site Runoff Controls Staff Interviewed: Robert Miller,Public Services Director (Name,Title, Role) Implementation(check all that apply): ® The permittee implements the components of this minimum measure. ❑ The permittee relies upon another entity to implement the components of this minimum measure: ❑ The permittee implements the following deemed-compliant program(s),which meet NPDES M54 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 Law 2006-246 section below): ❑ Water Supply Watershed I(WS-1)—15A NCAC 2B.0212 ❑ Water Supply Watershed II(WS-II)—15A NCAC 2B.0214 ❑ Water Supply Watershed III(WS-III)—15A NCAC 2B.0215 ❑ 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 ❑M54 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 MS4s 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 orea(s)not covered under the S.L.2006-246 deemed-compliant program. NCS000416—Leland M54 Audit-20230719 Page 11 of 20 Page 20 of 30 Post-Construction Site Runoff Controls Session Law 2006- 246 Program Requirement Status Supporting Doc No. Deemed-Compliant The permittee implements deemed-compliant Program requirements in Program(s) accordance with the applicable 15A NCAC rules. Not --- Applicable The permittee implements deemed-compliant Program requirements throughout the entire MS4 area(If not,also complete the Permit Citation section below.) Not --- Applicable The permittee applies deemed-compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Not --- have their own NPDES stormwater permit. Applicable The permittee included deemed-compliant Program reporting in their MS4 Annual Reports. The permittee included deemed-compliant Program implementation in their Not Stormwater Management Plan. Applicable '- Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Yes 7 Management Program. If yes,the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify Yes 7 accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes 7 control measures will be installed,implemented,and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports,monitoring results,and other information deemed necessary to Yes 7 evaluate compliance with the Post-Construction Stormwater Management Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities,equipment,practices,or operations Yes 7 related to stormwater discharges. Non-residential that adds 10,000 square feet. II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 7 Measures(SCMs) SCMs comply with 15A NCAC 02H.1000. Not --- Reviewed 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 that disturb less than one acre that are part of a larger common plan of Yes 8 development or sale). If yes,the site plan reviews addressed how the project applicant meets the performance standards. Yes 8 NCS000416_Leland MS4 Audit_20230719 Page 12 of 20 Page 21 of 30 Post-Construction Site Runoff Controls If yes,the site plan reviews addressed how the project will ensure long-term maintenance. Yes 9 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 --- 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 10 requirements. II.F.2.e Deed Restrictions The permittee provided mechanisms such as recorded deed restrictions and and Protective protective covenants that ensure development activities will maintain the project Yes 9 Covenants consistent with approved plans. II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to the long-term operation of the SCMs required by the program. Yes g Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Maintenance and maintain a record of annual inspections of each SCM. Yes g Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. NO """ Permit does not include an inspection requirement. II.F.2.e The permittee conducted and documented inspections of each project site covered Inspections of under performance standards,at least one time during the permit term(Verify this No --- Structural is a permit condition in Part II.F.2.g of permit and modify accordingly). 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 Not --- completion(Verify this is a permit condition in Part ILF.2.g of permit and modify Reviewed 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 II.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 --- II.F.2.h The permittee made available through paper or electronic means,ordinances, Educational post-construction requirements,design standards checklists,and other materials Materials and appropriate for developers. Training for Note:New materials may be developed by the permittee, or the permittee may use Yes Website Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement Not actions. --- Applicable NCS000416_Leland M54 Audit_20230719 Page 13 of 20 Page 22 of 30 Post-Construction Site Runoff Controls If yes,the tracking mechanism included the ability to identify chronic violators Not for initiation of actions to reduce noncompliance. Applicable II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes 13 II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters(NSW)pursuant to Nutrient Sensitive 15A NCAC 02H.0150? No Waters If yes,does the permittee use SCMs that reduce nutrient loading in order to Not meet local program requirements. Applicable If yes,does the permittee also still incorporate the stormwater controls Not required for the project's density level. Applicable --- If yes,does the permittee also require documentation where it is not feasible to Not use SCMs that reduce nutrient loading. Applicable II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Not Design Volume runoff at build out from all surfaces draining to the system. Reviewed --- Where"streets"convey stormwater,the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including Not --- Reviewed streets,driveways,and other impervious surfaces. Additional High Density approvals should have an expiration date. Comments: It is recommended that Town staff open and maintain regular communication with Wilmington Regional Office staff to assure consistency between State and MS4 Post construction requirements.It is likely that additional audits,focused primarily on the Post-Construction program occur at a higher frequency than once per permit cycle. NCS000416_Leland MS4 Audit_20230719 Page 14 of 20 Page 23 of 30 Pollution Prevention and Good Housekeeping for Municipal Operations Staff Interviewed: Robert Miller,Public Services Director. (Name,Title, Role) 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 No --- stormwater runoff. Fleet vehicles maintained done off site.Stored Municipal operations center.3 fire departments. 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. No If yes,the O&M program specifies the frequency of routine maintenance requirements. No --- If yes,the permittee evaluated the O&M program annually and updated it as necessary. No "'- No O&M Plan II.G.2.c Spill Response The permittee had written spill response procedures for municipal operations. Yes 12 Procedures Spill prevention response 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 Not based on cost and the estimated quantity of pollutants removed. Applicable --- No annual evaluation of street cleaning BMPs documented. 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 No --- Conveyance Systems maintains. No O&M Plan has been created/developed. II.G.2.¢ The permittee maintained a current inventory of municipally-owned or operated Structural structural stormwater controls installed for compliance with the permittee's post- Yes 13 Stormwater Controls construction ordinance. NC5000416_Leland MS4 Audit_20230719 Page 15 of 20 Page 24 of 30 Pollution Prevention and Good Housekeeping for Municipal Operations II.G.2.h The permittee maintained and implemented an O&M program for municipally- O&M for Structural owned or maintained structural stormwater controls installed for compliance with Yes 14 Stormwater Controls the permittee's post-construction ordinance. If yes,then: The O&M program specified the frequency of inspections and routine Not maintenance requirements. Reviewed --- The permittee documented inspections of all municipally-owned or maintained Not structural stormwater controls. Reviewed --- The permittee inspected all municipally-owned or maintained structural Not stormwater controls in accordance with the schedule developed by permittee. Reviewed --- The permittee maintained all municipally-owned or maintained structural Not stormwater controls in accordance with the schedule developed by permittee. Reviewed --- The permittee documented maintenance of all municipally-owned or Not maintained structural stormwater controls. Reviewed --- II.13.2.1 The permittee ensured municipal employees are properly trained in pesticide, Pesticide,Herbicide herbicide and fertilizer application management. Yes --- and Fertilizer Application The permittee ensured contractors are properly trained in pesticide,herbicide and Management fertilizer application management. Yes --- The permittee ensured all permits,certifications,and other measures for applicators are followed. Yes --- Municipality is in discussions about providing training. II.G.2.j [in e permittee implemented an employee trainin p pg program for employees involved Staff Training implementing pollution prevention and good housekeeping practices. Yes 6 Annual Training. II.G.2.k The permittee described and implemented measures that prevent or minimize Vehicle and contamination of stormwater runoff from all areas used for vehicle and equipment Not --- Equipment Cleaning I cleaning. Applicable Fleet vehicles are washed offsite. NCS000416_Leland MS4 Audit_20230719 Page 16 of 20 Page 25 of 30 Site Visit Evaluation: Municipal Facility No. 1 Facility Name: Date of Site Visit: Municipal Ops July 19,2023 Facility Address: Facility Type(Vehicle Maintenance,Landscaping,etc.): 1987 Andrew Jackson Highway Public Works Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(List date and name of inspector): Robert Miller,Public Services Director&Town Engineer I None Name(s)and Title(s)of Facility Representative(s)Present During the Site Visit: Name Title Robert Miller Public Services Director Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan(SWPPP)or similar document?Is it facility-specific? No. What type of stormwater training do facility employees receive?How often? Annual SW Training. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? Annual SW Training. Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes. Did the MS4 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 M54 inspector miss any obvious areas of concern?If so,explain: Inspection procedures are in development. Does the MS4 inspector's process include presenting the inspection findings to the facility contact? No. Inspection Results Did the facility inspection result in any corrective actions to be implemented?If so,for what issue(s)? Chemical storage issues were observed in various locations.Corrective actions will be determined by the permittee. If compliance corrective actions were identified,what timeline for correction/follow-up was provided? Not determined during the inspection. NC5000416_Leland M54 Audit_20230719 Page 17 of 20 Page 26 of 30 Site Visit Evaluation: Municipal Facility No. 2 Facility Name: Date of Site Visit: Fire/Rescue Station 52 July 19,2023 Facility Address: Facility Type(Vehicle Maintenance,Landscaping,etc.): 1379 River Road SE Fire Department Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(Date and Entity): Robert Miller None. Name(s)and Title(s)of Facility Representative(s)Present During the Site Visit: Name Title None Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan(SWPPP)or similar document?Is it facility-specific? No. What type of stormwater training do facility employees receive?How often? None. Inspector Training/Knowledge What type of stormwater training does the M54 inspector receive?How often? Annual SW Training. Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes. Did the MS4 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 M54 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 M54 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 Did the facility inspection result in any corrective actions to be implemented?If so,for what issue(s)? Inspection procedures still being developed by the permittee. If compliance corrective actions were identified,what timeline for correction/follow-up was provided? Not determined during the inspection. NCS000416_Leland M54 Audit_20230719 Page 18 of 20 Page 27 of 30 Site Visit Evaluation: MS4 Outfall No. 1 Outfall ID Number: Date of Site Visit: Not identified. July 19,2023 Outfall Location: Outfall Description(Pipe Material/Diameter,Culvert,etc.): 1379 River Road SE RCP Receiving Water: Is Flow Present?If So,Describe(Color,Approximate Flow Rate, Not reviewed. Sheen,Odor,Floatables/Debris,etc.): Most Recent Outfall Inspection/Screening(Date): None. Submerged/woody debris buildup Days Since Last Rainfall: [inches: Not reviewed. N/A Name of MS4 Inspector(s)evaluated: Robert Miller Observations Inspector Training/Knowledge What type of stormwater training does the M54 inspector receive?How often? Annual SW training. Did the MS4 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 M54 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)? Not determined during the inspection. Will a follow-up outfall inspection be conducted?If so,for what reason? No.Inspection procedures still being developed by the permittee. NCS000416_Leland M54 Audit_20230719 Page 19 of 20 Page 28 of 30 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1 Site Name: Date and Time of Site Visit: Fire/Rescue Station 52 July 19,2023 Site Address: SCM Type: 1379 River Road Wet Pond Most Recent MS4 Inspection(Include Date and Entity): None. Name of MS4 Inspector(s)evaluated: Most Recent MS4 Enforcement Activity(Include Date): Robert Miller None. Name(s)and Title(s)of Site Representative(s)Present During the Site Visit: Name Title None. Observations Site Documentation Does the site have an operation and maintenance plan? Yes. Does the site have records of annual inspections?Are they performed by a qualified individual? No. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? Annual SW Training. Did the M54 inspector appear knowledgeable about MS4 requirements for post-construction site runoff controls? Yes. Did the MS4 inspector appear knowledgeable about post-construction BMPs(general purpose/function,components,O&M requirements,etc.)? Yes. Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form?What format? No. Does the MS4 inspector's process include taking photos? No. Does the M54 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? No. Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? No. Did the M54 inspector miss any obvious operation and maintenance deficiencies?If so,explain: No. Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? No. Compliance/Enforcement Inspection procedures being developed by the permittee. NC5000416_Leland MS4 Audit_20230719 Page 20 of 20 Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program Page 29 of 30 Resolution No.:### Date Adopted:### RESOLUTION AFFIRMING THE MS4NAME COUNCIL'S SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM A RESOLUTION to develop and implement a compliant stormwater management program that meets the requirements of the MS4NAME National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS###to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the MS4NAME and approved by the North Carolina Department of Environmental Quality. WHEREAS,Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater discharges from municipal separate storm sewer systems;and WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of Environmental Quality;and WHEREAS,the North Carolina Department of Environmental Quality issued the MS4NAME its third NPDES MS4 Permit for discharge of stormwater on DATE; and WHEREAS,the MS4NAME was issued Notice of Violation number NOV-###-###on DATE for noncompliance with the issued NPDES MS4 Permit;and WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to obtain a new individual NPDES MS4 Permit; and WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to conduct a self- audit of permit compliance for the balance of permit requirements not specifically audited by the North Carolina Department of Environmental Quality,and to develop a draft Stormwater Management Plan to comply with Section 402(p)(3)(B)(iii)of the Clean Water Act,40 CFR 122.34(b)and NPDES M54 Permit requirements,and to submit its draft Stormwater Management Plan to the North Carolina Department of Environmental Quality no later than 120Days From NOVDate for review and approval; and WHEREAS,the M54NAME acknowledges the specific Notice of Violation requirement to adopt a Council Resolution to implement a compliant and enforceable stormwater management program as defined by both the NPDES MS4 Permit number NCS###and the required new Stormwater Management Plan, and said resolution is to be submitted to the North Carolina Department of Environmental Quality no later than 60 Days From N OVDate;and WHEREAS,the M54NAME acknowledges the requirement to provide adequate funding and staffing to implement a Stormwater Management Program that complies with its NPDES MS4 Permit and approved Stormwater Management Plan; and WHEREAS,the MS4NAME acknowledges that North Carolina Department of Environmental Quality enforcement action and penalties could result from non-compliance with the specific requirements in Notice of Violation number NOV-###-###; and Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program Page 30 of 30 WHEREAS,the MS4NAME acknowledges that any North Carolina Department of Environmental Quality enforcement action and penalties may not prohibit the U.S. Environmental Protection Agency from taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit. NOW,THEREFORE, BE IT RESOLVED that the Council of the MS4NAME hereby affirms its support for development and implementation of a compliant NPDES MS4 Stormwater Program. NAME, Mayor NAME,Town Manager NAME,Stormwater Program Administrator NAME,Town Clerk ADOPTED BY the City Council of the MS4NAME, North Carolina the day of 2019 and signed in authentication thereof the day of 2019.