NC0089273_Permit Issuance_20130111

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
January 11, 2013
Mr. Dan Rajkowski, Vice President
Charlotte Knights Baseball, LLC
2280 Deerfield Drive
Fort Mill, SC 29715
Dear Mr. Rajkowski:
Subject: Issuance of NPDES Permit
NCO089273
BB&T Ballpark
Groundwater Remediation
Mecklenburg County
Facility Class I
Division personnel have reviewed and approved your application for new NPDES permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
The Final Permit has no significant changes from your Draft Permit.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made,
this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwatercivality.orn
No°e Catolina
�tllrQlllf
An Equal Opportunity 1 Affirmative Action Employer

Local governmental permit that may be requited. If you have any questions concerning this permit,
please contact Sergei Chexni&ov at telephone number [phone].
Sincerely,
&4k
n I harles WaUd P.E.
cc: Central Files
NPDES Files
Asheville Regional Office / Surface Water Protection Section
Aquatic Toxicology Unit (e-copy)
RobertC. Foster L.G. ([e-mail])
Erin Hall (erin.hail©meddenburgcountync.gov)

Permit NCO089273
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Charlotte Knights Baseball Club
is hereby authorized to discharge wastewater from a facility located at the
BB&T Ballpark
324 South Mint Street
Charlotte
Mecklenburg County
to receiving waters designated as an unnamed tributary to Unnamed Tributary to Irwin
Creek in the Catawba River Basin in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, and IV hereof.
The permit shall become effective February 1, 2013.
This permit and the authorization to discharge shall expire at midnight on June 30, 2015.
Signed this day January 11, 2013.
\,C arles Wakild P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

V_
Permit NC0089273
SUPPLEMENT TO PERMIT COVER SHEET
Charlotte Knights Baseball Club is hereby authorized to:
1. Upon receiving a Final Permit from the Division of Water Quality, construct a 0.05
MGD groundwater treatment plant located at BBB&T Ballpark, 324 South Mint Street,
Charlotte, Mecklenburg County.
2. Discharge from said treatment works at the location specified on the attached map
into unnamed tributary to the Irwin Creek, a class C water in the Catawba River
Basin.

i
1 �r�4 J"r'9,�t ,`i, t,lii'�.e �a„d' �'I '� o<.,..•- J ,_ JJI .�,\ �,
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14
Outfall 001, i
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Latitude: 35° 13'46.06" Stream Class: C
Longitude:80°50'52.66" Subbasin:30834
Quad # G15NE
Receiving Stream: UT to Irwin Creek
Facility u4`
Location _..
NCO089273-Charlotte Knights Ballpark
Groundwater Remediation - Mecklenburg Count

Permit NCO089273
A. (l) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized
to discharge treated groundwater from Outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
_ _
•
F - - &Y � ,-.5...� .0 .. p I]if
� t•w' -r �. y-u J „�
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,��� !/ ?P �.,
Flowl
0.05 MGD
Continuous
Recording
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Monthly
Grab
Effluent
Toluene
Quarterly
Grab
Effluent
Tetrachloroethene
3.0 pg/ L
Monthly
Grab
Effluent
Chronic Toxicity2
Quarterly
Grab
Effluent
Notes-
1. Flow may be measured using a totalizing flow meter.
2. Chronic Toxicity (Ceriodaphnia) limit at 90% with testing in January, April, July and
October (see A. (2) ).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Quarterly samples for monitored parameters shall coincide with the chronic toxicity test.

Permit NCO089273
A. (2) CHRONIC TOXICITY PERMIT LIMIT (Quarterly)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in
the "North Carolina. Ceriodaphnia Chronic. Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of.
January, April, July and October. Effluent sampling for this testing shall be performed at the
NPDES permitted final effluentdischarge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV
below the permit limit, then multiple -concentration testing shall be performed at a minimum,
in each of the two following months as described in "North Carolina Phase H Chronic Whole
Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
The chronic value ..for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ
Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the
report with the notation of "No Flow" in the comment area of the form. The report shall be submitted
to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor
during a month in which toxicity monitoring is required, monitoring will be required during the
following month. Should any test data from this monitoring requirement or tests performed by the
North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit
may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee
monitors any pollutant more frequently then required by this permit, the results of such monitoring
shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms
submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of the initial monitoring.

DENR / DWQ / NPDES
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES Permit No. NCO089273
Facility Information
Applicant/Facility Name
Charlotte Knights Baseball Club/Charlotte Ballpark
Applicant Address `-
2280 Deerfield Drive, Fort Mill, SC 29715
Facility Address
324 South Mint Street, Charlotte, NC 28202
Permitted Flow. (MGD)
0.050
Type`of Waste
Treated Groundwater
Facility Class
NR
County
Mecklenburg
Facility Status
New
Regional Office
MRO
Stream Characteristics
Receiving Stream
UT to Irwin
Creek
Stream
Classification
C
Drainage Area (sq. mi.)
Drainage .basin
Catawba
Summer 7Q 10 (cfs)
0
Sub" basin
03-08-34
Winter 7Q 10 (cfs)
0
Use Support
impaired
30Q2 : (cfs)
303(d) Listed
Yes (Cu, Pb,
Zn)
Average Flow (cfs)
NA
State Grid
IWC (%)
100
USGS`Topo Quad
G15NE
Summary
Charlotte Knights Baseball Club applied for a groundwater remediation permit at
their Charlotte Knights Stadium in Charlotte. The options for disposal of treated
groundwater at this location are very limited. Land disposal is not feasible due to
the absence of the available land in Charlotte downtown, and local POTW does not
accept treated groundwater. Therefore, a discharge to the surface water is the only
available alternative.
The remediation system will consist of sump pump, surge tank, transfer pumps,
particle filters, carbon filters, and a flow meter. Less than 0.05 MGD will be
discharged through the outfall to the receiving stream.
Whole Effluent Toxicity (WET) Test
WET requirement is a Quarterly Chronic using Ceriodaphnia at 90%.
Reasonable Potential Analysis (RPA)
RPA analysis was conducted for the parameters of concern (please see attached) .
Proposed Schedule of Issuance
Draft Permit to Public Notice:
Permit Scheduled to Issue:
Fact Sheet
NPDES Permit NC0089273
Page 1
November 7, 2012 (est.)
December 21, 2012 (est.)

NPDES UNIT CONTACT
If you have questions regarding any of the above information or on the attached
permit, please contact Sergei Chernikov at [phone].
REGIONAL OFFICE COMMENTS:
Name: Date:
Fact Sheet
Renewal -- NPDES NCO088838
Page 2

REASONABLE POTENTIAL ANALYSIS
Charlotte Knights Ballpark GW remediation
NCO089273
Time Period
0
Qw (MGD)
0.05
7010S (Cfs)
0
7Q10W (cis)
0
30Q2 (cls)
0
Avg. Stream Flow. QA (cfs)
0
Rec'ving Stream UT to Iriwtn Creek
WWTP Class 0
IWC (%) @@ 7Q10S 100
@ 7Q10W NIA
@ 30Q2 NIA
@ QA NIA
Stream Class C
Outfall 001
Ow = 0.05 MGD
STANDARDS 8�
PARAMETER
TYPE
CRITERIA (2)
POL
Units
REASONABLE POTENTIAL RESULTS
RECOMMENDED ACTION
111
NC WQ1 / Y, FAY/
e y pet, Max Pied Cw Allomble Cw
Chronic Acute
Acute: N/A
add a llm! .
Tetrachlorcethene
NC
3
ug/L
5 5 6721.8
Note: n<12
Chronic: -- 3 -
--- — — — ---- ----- — — —
Limited data set
add monthly monitoring
Acute: N/A
no Limit.
Chloroform
NC
170
ug/L
4 4 47.9
Note: n<12
_ _ _ _
Chronic: 170
_ _ __ _ _ _ _ _
Limited data set
Acute:
no ilmit
Trichloroethene
NC
30
ug/L
2 2 1.0---------
— —_----_—_
Note: n<72
Chronic: 30
-----
Limited data set
Acute: N/A
no Whit
Trichiorofluoromethane
NC
67
mg/L
2 2 0.0014
_ _ - -
—--------- — -- — ---
Note: n<12
Chronic: 67
- ---
Limited data set
Acute: N/A
no limit
Barium
NC
200
mg/L
8 8 0.4
_ _
Note: n<12
Chronic: 200
Limited data set
Acute: N/A
no limit
Toluene
NC
11
ug/L
2 2 6.0
Note: n<12
_ _ ___
Chronic: 11
-
Limited data set
add.quarterly monitoring
Legend: '" Freshwater Discharge
C = Carcinogenic
NC = Non-cardnogenic
A = Aesthetic
89273•RPA-2012.)ds. rpa
11/5/2012

REASONABLE POTENTIAL ANALYSIS
Tetrachloroethene
Chloroform
Date Data
BDL=112DL
Results
Date Data BDL-112DL
Results
1
6.90
6.90
Std Dev.
143.925E
1
1.50 1.50
Std Dev.
2.5232
2
-6.00
6.00
Mean
86.1000
2
6.80 6.80
Mean
3,2000
3
14.00
14.00
C.V.
1.6716
3
1.40 1.40
C.V.
0.7885
4
6360
63.60
n
5
4
3.10 3.10
n
4
5
340,00
340.00
5
6
Mult Factor =
19.7700
6
Mult Factor =
7.0400
7
Max. Value
340.0 ug/L
7
Max. Value
6.8 ug/L
8
Max. Pred Cw
6721.8 ug/L
8
Max. Pred Cw
47.9 ug/L
9
9
10
'... ...
..
10
.J
11
11
12
12
89273-RPA-2012.xis, data
2- 11/112012

REASONABLE POTENTIAL ANALYSIS
Trichloroethene
TrichloroNuoromethane
Date Data BDL-1/2DL
Results
Date Data BDL=112DL Results
1
: -1.00 1.00
Sul Dev.
0.0000
1
0.0014 0.00 Std Dev.
0.0000
2
=°'1 A0 1.00
Mean
1.0000
2
0.0014 0.00 Mean
0.0014
3
C.V.
0.0000
3
C.V.
0.0000
4
n
2
4
n
2
5
5
6
Mutt Factor =
1.0000
6
Mult Factor =
1.0000
7
Max. Value
1.0 ug/L
7
Max. Value
0.0
8
Max. Pred Cw
1.0 ug/L
8
Max. Fred Cw
0.0
9
9
10 ''..§..
10
11
11
12
12
89273-RPA-2012.xls, data
3- 11/1/2012

REASONABLE POTENTIAL ANALYSIS
I Barium I Toluene I
Date Data
BDL=1/2DL
Results
Date Data BDL=1/2DL
Results
1
0.0543
0.05
Std Dev.
0.04
1
6.00 6.00
Std Dev.
0.0000
2
0;0778
0.08
Mean
0.07
2
6.00 6.00
Mean
6.0000
3
0.0576
0.06
C.V.
0.55
3
C.V.
0.0000
4
0.0550
0.06
n
8
4
n
2
5
0.1290
0.13
5
6
1
0.1420
0.14
Mult Factor =
3.0600
6
Mult Factor=
1.0000
7
0.0378
0.04
Max. Value
0.1 mg/
7
Max. Value
6.0 ug/L
8 - '..
`0.0357
0.04
Max. Pred Cw
DA mg/
8
r;
Max. Fred Cw
6.0 ug/L
9
9
10
10
11
11
89273-RPA-2012.x1s, data
-4- 11/1/2012

The Charlotte Observer Publishing Co.
Charlotte, NC
North Carolina } SS Affidavit of Publication
Mecklenburg County }
Charlotte Observer
REFERENCE: 145583 NCDENR/DWQ/POINT SOURCE
0000267400 Public Notice North Carolina Environmental
Management Commission/NPDES Unit 1617
Mail Service Center Raleigh, NC 27699-1617
Before the undersigned, a Notary Public of said County and
State, duly authorized to administer oaths affirmations, etc.,
personally appeared, being duly sworn or affirmed according
to law, doth depose and say that he/she is a representative of
The Charlotte Observer Publishing Company, a corporation
organized and doing business under the laws of the State of
Delaware, and publishing a newspaper known as The
Charlotte Observer in the city of Charlotte, County of
Mecklenburg, and State of North Carolina and that as such
he/she is familiar with the books, records, files, and business
of said Corporation and by reference to the files of said
publication, the attached advertisement was inserted. The
following is correctly copied from the books and files of the
aforesaid Corporation and Publication.
PUBLISHED ON: 11/08/2012
AD SPACE: 35 LINES
FILED ON: 11/15/2012
Public Nodca
Norlh Caroline Enmmnmental Managament-
Commlaean/NPDES Unh
1817 Melt SenAbn Canter
Raleigh, NC 271 16t7
Nod. of Intent b ft w a NPDES Wastewater
Permh
-" slreei, Relelgh, NO to jlax-inla�meflon on
b ale. Atltlitloiwl Inbrmedon on NPDES permhe
eM MJs talks may be buM on �cpu�r webatte:
/celentl�er�
o�nby .IIIn919cr�9 7^'��n
The Charloga NnlphR Baseball Club requeffi
sd a... Wmlt NDOM273 for Challotle 9.11
Pdc1a�eregga la Veetsdu Brountlwetshl olaunnemnd
Mbulery to Irwin Creak, Catawba RNer Bash.
1 P25740g
NAME: (: �,( �Q t l p (11 ,, / TITLE:
DATE:
In Testimony hereof I have hereunto set my hand and affixed my seal, the day and year aforesaid.
Nota My commission Expires:
sly ►day �r 2aie

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October 23, 2012
Mr. Tom Belnick, Supervisor
North Carolina Department of Environment and Natural Resources
Division of Water Quality, Surface Water Protection Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: NPDES Permit Application - BB&T Ballpark
324 South Mint Street
Charlotte, North Carolina 28202
AMEC Project: 6234-12-0025
Dear Mr. Belnick:
This letter is written to affirm that Charlotte Knights Baseball, LLC retained AMEC Environment & Infrastructure,
Inc. (AMEC) to prepare the NPDES Permit Application (dated July 24, 2012) for the subject property on our behalf.
AMEC continues to serve as the engineering and environmental consultant on the project. For your convenience,
we have provided the contact Information of the involved parties below:
Consultant: Mr. Robert C. Foster, L.G., Associate Geologist
AMEC Environment & Infrastructure, Inc.
2801 Yorkmont Road, Ste. 100
Charlotte, North Carolina 28208
Phone:[phone]
Permit Applicant: Charlotte Knights Baseball, LLC
Mr. Dan Rajkowski, Vice President/General Manager
IV 2280 Deerfield Drive
Fort Mill, South Carolina 29715
Phone:704/357-SG71
Thank you in advance for your consideration of the application.
Respectfully,
Charlotte Knights Baseball, LLC 7 '
Dan Rajkowski
Vice President/General Manager
CHARLOTTE KNIGHTS BASEBALL
A BEAVER SPORTS PROPERTY - TRIPLE•A AFFILIATE OF THE CHICAGO WHITE SOX
2280 Deerfield Drive • Fort Mill, SC 29715
INC) 704-357-8071 • (SC) 803-548-8050 • charlotteknights.com

Belnick, Tom
From: Belnick, Tom
Sent: Thursday, October 25, 2012 5:08 PM
To: 'Foster, Rob'
Subject: RE: NPDES Permit Application
Thanks Rob. That's what I needed.
From: Foster, Rob rmailto: Rob. Foster@)amec.com]
Sent: Thursday, October 25, 2012 3:22 PM
To: Belnick, Tom
Subject: FW: NPDES Permit Application
Tom,
Attached is the letter that you requested to accompany our application.
Robert C. Foster, LG
AMEC Environment & Infrastructure, Inc.
Associate Geologist
2801 Yorkmont Rd, Suite 100
Charlotte, North Carolina 28208
704-357-5530 (direct phone)
704-641-1141 (cell)
rob.foster(&,amec.com
www.amec.com
From: Jim Schumacher rmailto:jimurbanprojects0windstream.nett
Sent: Thursday, October 25, 20121:15 PM
To: Foster, Rob
Subject: FW: NPDES Permit Application
Jc +W S , P.E.
Schumacher Urban Projects, PLLC
704-400-3493
From: Julie Clark rmailto:juliecOcharlotteknights.coml
Sent: Thursday, October 25, 2012 12:46 PM
To: Jim Schumacher
Subject: NPDES Permit Application
Here is the signed NPDES Permit Application.
Let me know if you need anything else.

JULIE CLARK
Director of Special Programs & Events
Charlotte Kfi�Igghb Baseball Club
2280 Deerfield Drive
Fat Mill, SIC 29715 �Phoe_ 704-357-8071 x2145'
Fwr 704-329-2155
[lot
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a111�
July 24, 2012
Mr. Bob Sledge 1;1 =O=EN�1�
North Carolina Department ofEnvironment and Natural ResourcesDivision of Water Quality Point -Source Branch
512 N. Salisbury Street LI[D)TER QRaleigh, North Carolina 27603 RCEBA
Subject: NPDES Permit Application
The Charlotte Knights Ballpark
Uptown Charlotte, North Carolina
AMEC Project No. 6234-12-0025
Dear Mr. Sledge:
AMEC Environment & Infrastructure, Inc. (AMEC) is submitting an application for a NPDES Permit
for the groundwater treatment system proposed at the Charlotte Knights Stadium in Uptown
Charlotte. The proposed groundwater remediation system is designed to completely remove
chlorinated solvents from a dewatering system beneath the proposed stadium.
Treatment System Description
The proposed treatment system consists of a sump pump, surge tank, transfer pumps, particle
filters, carbon filters and a flow meter. Specifications for the listed components are detailed on the
attached figure. Note, system components may change slightly due to space restrictions and
construction constraints yet to be determined.
Engineering Alternative Analysis
The alternatives evaluated for treating groundwater and discharging to the storm sewer were
infiltrating treated water and discharging to the local sanitary sewer. Infiltrating treated water was
not feasible due to the lack of usable space in uptown Charlotte. Discharging treated groundwater
to the local sanitary sewer was not feasible because Charlotte -Mecklenburg Utilities Department
(CMUD), the municipal sanitary sewer authority does not allow groundwater to be discharged to
the sanitary sewer system.

NPDES Permit Application July 24, 2012
Proposed Charlotte Knights Stadium
AMEC Project 6234-12-0025
Discharge Location
The discharge location will be a storm sewer at the site. The specific location has not been
determined at this time. The entire site drains to a tributary of Irwin Creek. Mr. Daryl Hammock of
City of Charlotte Storm Water Services provided a City of Charlotte Ordinance detailing the types
of water allowed to be discharge to the storm sewer. Under section 18-81 Permitted Incidental
Non-Stormwater Flows (19), NPDES permitted discharges authorized by the EPA or NC DENR
are allowed. The ordinance can be found at:
h ttp://charmeck.o rg/stormwater/repula tions/Documents/Water%20Qual ity%20P011ution%2ODocu
ments/CharlotteStormWaterPollutionControlOrdinanceapproved6908. pdf
A copy of this ordinance is included as an appendix to this application.
Chemicals Found in Groundwater
The chemicals found in the groundwater are listed in the attached laboratory report. Chloroform
was detected at a maximum concentration of 6.8 micrograms per liter (Ng/L) or parts per billion
(ppb). Tetrachloroethene was identified at a maximum concentration of 340 ppb, and
trichloroethene was identified at a maximum concentration of 1.4 ppb. These values represent the
maximum concentrations found in multiple monitoring wells at the site. Lower concentrations of
these compounds were identified in other site monitoring wells. The concentrations of extracted
groundwater to be treated should be less than the maximum concentrations observed due to
dilution from marginally to non -contaminated groundwater.
Sincerely,
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.
a' cn �
Robert C. Foster, L.G.
Geologist
Enclosures

NfPDES Permit Application
Proposed Charlotte Knights Stadium
AMEC Project 6234-12-0025
Permit Application
July 24, 2012

NPDES PERMIT APPLICATION - SHORT FORM C - GW
For discharges associated with groundwater treatment facilities.
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number N 0::
If you are contpleting this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherurise, please print or type.
1. Contact Information:
Owner Name Charlotte Knights Baseball Club
Facility Name Charlotte Knights Stadium Uptown
Mailing Address 2280 Deerfield Drive
City Fort Mill
State / Zip Code SC 29715
Telephone Number [phone]
Fax Number [phone]
e-mail Address 1
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road Between Graham Street, W. Martin L/ier ngJr. Blvd,
S Mint Street and East Fourth Street
City Charlotte
State / Zip Code NC 28202
County Mecklenburg
3. Operator Information:
Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name Charlotte Knights Baseball Club
Mailing Address 2280 Deerfield Drive
Citv Fort Mill
State / Zip Code SC 29715
Telephone Number [phone]
Fax Number- [phone]
4. Ownership Status:
Federal ❑
State ❑
Private
Public ❑
Page I of 3 C-GW 03105

NPDE S PERMIT APPLICATION - SHORT FORM C - GW
For discharges associated with Lp-oundwater treatment facilities.
5. Products recovered:
Gasoline ❑ Diesel fuel ❑ Solvents ® Other
6. Number of separate discharge points: 1
Outfall Identification number(s) 001
7. Frequency of discharge: Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: 7 Duration: Varies
8. Treatment System Design flow 0.05 MGD
9. Name of receiving stream(s) (Provide a map shoufing the exact location of each outfall, including
latitude and longitude):
Tributary of Irwin Creek
10. Please list all additives to the treatment system, including chemicals or nutrients, that have
the potential to be discharged.
Coconut Shell Carbon
11. Is this facility located on Indian country? (check one)
Yes ❑ No
12. Additional Information
All applicants (including renetvals):
A USGS topographical map (or copy of the relevant portion) which shows all outfalls
A summary of the most recent analytical results (effluent data, if available) containing the
maximum values for each chemical detected
NEW Applicants only:
> Engineering Alternative Analysis
Description of remediation treatment system components, capacities, and removal efficiency
for detected compounds.
If the treatment system will discharge to a storm sewer, written approval from the
municipality responsible for the sewer.
A list of any chemicals found in detectable amounts at the site, with the maximum observed
concentration reported for each chemical (the most recent sample trust be collected less
than one year prior to the date of this application)
For petroleum -contaminated sites - Analyses for Volatile Organic Compounds (VOC) should
be performed. Analyses for any fuel additives likely to be present at the site and for phenol
and lead should also be performed.
For sites contaminated with solvents or other contaminants - EPA Method 624/625
analysis should be performed.
Page 2 of 3 C-GW 03/05

NPDES PERMIT APPLICATION - SHORt' FORM C - GW
For discharges associated with groundwater treatment facilities.
1.3. Applicant Certification
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Printed name of Person Signing
Sknature of Anpli681ft
— -7 —
ate
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files or
required to be maintained tinder Article 21 or regulations of the Environmental Management Commission
implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable
by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section
1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
Pa_c 3 of 3 C-GW 03105

NOTES: SYMBOL _KEY
1) ALL FLANGES AIJD UNIONS TO BE SCH 80 PVC. T LIMITS OF OWNER IS
SUPPLIED EQUIPMENT
2) ALL SAMPLE TAPS TO BE 3/4" SCH 80 PVC TRUE --UNION BALL VALVES. IOl BALL VALVE
3) ALL BALL VALVES TO BE TRUE -UNION, SCH 80 PVC, SOCKET FITTED, 4 FLANGE
RATED FOR 150 psi, WITH VITON SEALS.
I'I UNION LE
4) ALL BALL CHECK VALVES TO BE TRUE -UNION, SCH 80 PVC, SOCKET FITTED, sE101 SAMPLE TAP
RATED FOR 150 PSI, WITH VITON SEALS. ❑M
PI PRESSURE INDICATOR 0
5) SIPHON BREAKERS TO BE SCH 80 PVC, 1-1/2- MINIMUM DIAMETER. 4
Doi SIPHON BREAKER a
6) SIGHTGLASS TO BE OWNER SUPPLIED. SIGHTGLASS WILL BE 2" NPT FITTED. ® FLOWMETER e,
7) P1 WILL BE 1 /4" NPT FITTED. �1 BALL CHECK VALVE h
8) FLOW CAPACITY OF SYSTEM: APPROX. 25 GALLONS PER MINUTE. FLOAT SWITCH
9) POWER REQUIREMENT. 1 PHASE, 230 VOLTS, 30 AMPS. D REDUCER
r.-------------I \
—QE 65'
—ON 41* i — — — — — ti j2' SCH 80 PVC
PS JUSTABLE
' Cz' SCH 80 PVC I — -OFF30' I I 1 8 PSIG SETPOIN- 2' 5Oi 50 PYC
EI I'I — — — — — — ---H=S HaA
INSTRUMENT
vrT � II
S
I ,8' MANWAY SA�
—
1 2 3 4
I SIGHTGtA55 � 1}i' SCH 80 PVCI r2" SCH 80 PVC
2' SCH 80 PVC , r PII m m
I _1 r , I I '
I Pt
I fROM / I __ PF I PF GAC t 7 8 I GA
DE —WATERING I r I I 1 I 2 I I I I I t
I SUMP I r I I t
I (2' COPPER)
I 1 I I
I
2' SCH so PVC Pz
7
HS OA — — 1h, SCH 00 PVC PI J
2' TRUCK CONNECT
19i
2 3/4- SAMPLE TAP a t, BALL YALY@ f12
P-3
(TYPICAL 5 PLACES)
�.
�2
�a 2
GAC� /GAC2
SUMP PUMP
SURGE TANK
HIGH -DENSITY POLYTHYLENE
1000 GA. CAPACITY
80" H. 64`DIA.
TRANSFER PUMP
CARBON STEEL
CAPABLE OF 30 GPM
AT 70 FT.
PARTICLE FILTER
GRANULAR AC33YATED
CARBON STEEL
SUBMERSIBLE CAPABLE
OF 30 GPM AT 50 FT.
BAG TYPE
25 MICRON
CARBON
1000-LB CAPACITY
FIBERGLASS BODY
LEVEL SWITCH LOW
LEVEL SWITCH HIGH
LEVEL SWITCH HIGH/HIGH
LEVEL ALARM HIGH/HIGH
LEVEL ELEMENT
MAIN DISCONNECT
HANOSWITCH
LEVEL INDICATOR
THREADED NPT
BLIND FLANGE
3-WAY BALL VALVE
SCH 80 PVC
1-1/2- SCH 80 PVC
f n I2. SIGHTGIJ
WIJIN. 'LIIN. 16 (r T°
70'iJIN'�'8'�'-M—i�N'. "-^ SC2lARGE
(2" COPPER)
SCH 80 PVC

ORDINANCE NO. AMENDING CHAPTER 18
AN ORDINANCE AMENDING CHAPTER 18 OF THE CHARLOTTE CITY CODE
ENTITLED "STORMWATER POLLUTION CONTROL ORDINANCE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE, NORTH
CAROLINA THAT:
Section 1: Sections 18-76 through 18-88 of the City Code are amended to read as follows:
Sec. 18-76. Statutory and general authorization.
The State legislature has, in G.S. 160A-459, authorized cities to adopt and enforce a Stormwater
control ordinance to protect water quality and control water quantity.
As a result, the City of Charlotte ("City") implements, administers, and enforces the provisions
of the Charlotte Stormwater Ordinance ("Ordinance"). Charlotte -Mecklenburg Storm Water
Services ("CMSWS") is a duly authorized representative of the City in the administration,
implementation and enforcement of the Charlotte Stormwater Ordinance and is thereby entitled
to all the rights granted to the City.
Sec. 18-77. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Business Dav means any day that CMSWS is open to the public to conduct business.
Charm. Vehicle [Vashing means vehicle or equipment washing performed to raise money to be
used for purposes other than making a profit.
Charlotte-Allecklenbiug Slorni 11"aler Seri4ces or CAISYVS means staff of the City of Charlotte
and Mecklenburg County Stormwater Services, both of which work to improve water quality and
manage water quantity for all residents of Mecklenburg County.
Cih� means the City of Charlotte.
Commercial means property devoted in whole or part to commerce, that is, the exchange and
buying and selling of commodities or services.
Day(s) means calendar days, including Saturdays, Sundays and holidays, unless otherwise
specified.
Discharge means the addition of any Pollutant either directly or indirectly to the Storinwater
System or Waters of the State.
EPA means the U.S. Environmental Protection Agency or other duly authorized official of the
agency.
Illicit Connection means any physical connection, actual or potential flow discharge, or other
condition that could allow Non-Stormwater to enter the Stormwater system.
Illicit Discharge means any discharge not composed entirely of Stormwater that may directly or
indirectly enter the Stormwatcr System or Waters of the State, except as exempted in Section 18-
81 of this article.
Illicit Disposal means the same as Illicit Discharge.

Lnpropel- Disposal means the releasing of matter or fluids other than atmospheric precipitation at
a location where the matter or fluid can enter the Stormwater System.
Incidental means occurring by chance or without intention or calculation; also minor, casual or
subordinate in significance or nature.
Industrial means a business engaged in industrial production or service, that is, a business
characterized by manufacturing or productive enterprise or a related service business.
Manager means the person designated by the City to manage Stonnwater Services and who is
charged with certain duties and responsibilities by this article, or that person's duly authorized
representative.
AIC DENR means the North Carolina Department of Environment and Natural Resources.
AICGS means North Carolina General Statute.
Mar-Storniwater means any flow that is not from a form of natural precipitation.
AIPDES permit means the National Pollutant Discharge Elimination System Permit issued
pursuant to the federal Clean Water Act, 33 USC 1251 et seq.
Person means any individual, partnership, firm, association, company, trust, estate, corporation,
commission, institution, utility, governmental entity or other legal entity or their legal
representatives, agents or assigns.
Pollutant means a substance that alters the chemical, physical, biological, thermal and/or
radiological integrity of Stormwater, groundwater or surface water.
Pollution and Polluted mean containing Pollutants.
Receiving Strewn means the body of water, stream or watercourse recei%,ing the discharge
waters from the Stormwater System, or formed by the NN--ater discharged from the Stonnwater
System.
Riparian means relating to or living or located on the bank of a natural watercourse or
waterbody.
Runoff means the excess portion of precipitation that does not infiltrate the ground, but flows
over the ground and into a conveyance or watercourse.
State, when referring to regulatory authority, means the NC Department of Environment and
Natural Resources or any duly authorized representative thereof, otherwise, it means the State of
North Carolina.
Store t!ater means any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Storm later AdN1SOl y Conuniltee ("S1 i'AC') means the Charlotte -Mecklenburg Stonnwater
Advisory Committee as established by the joint resolution of the City of Charlotte Council and
the Board of Mecklenburg County Commissioners, together «Tith any amendments thereto.
Stoi-inwater System means the network of curbs, gutters, inlets, pipes, ditches, swales, ponds,
detention and retention basins, streams, and other natural or manmade facilities and
appurtenances that serve to collect and convey Stormwater through and from a given drainage
area.
Uneontambiated means not containing any Pollutants.
Unmodified Potable TVater means tap water that has not had detergents, acids, degreasers,
surfactants or other agents added to or mixed with it, regardless of whether the added agent is
labeled as or generally considered to be biodegradable.
Flush plater is a subset of Wastewater, and means any «.-atcr or liquid discharged after and as a
result of conducting washing or cleaning activity.

1,Vasteit,aler means any water or other liquid, other than Uncontaminated Stornl%vater or
Uncontaminated Potable Water, discharged fi•om a facility after use. Examples include water
used for washing, flushing, cleaning, or in a manufacturing process.
[Vaters of the Stale, as defined in NCGS 5143-212(6), means any intermittent or perennial
stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other
body or accumulation of water, whether surface or underground, public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of this State, including
any portion of the Atlantic Ocean over which the State has jurisdiction.
Sec. 18-78. Purpose.
The purpose of this article is to protect water quality by controlling the level of Pollutants in the
Stormwater System and making it illegal for certain Pollutants to enter the Stornwater System.
This article is supplemental to and in no way replaces regulations administered by the State or
federal government.
The objectives of this article are:
(1) To regulate the contribution of Pollutants to the municipal Stoirnwatcr System;
(2) To prohibit Illicit Connections and Illicit Discharges to the municipal Stormwater System;
and
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, enforcement
and penalty procedures necessary to ensure compliance with this article.
Sec. 18-79. Jurisdiction.
The provisions of this article shall apply to the area encompassed within the City of Charlotte
corporate limits.
See.18-80. Prohibitions.
a. Illicit Discharge(s) and Disposal(s).
No Person shall cause or allow the discharge or disposal of Non-Storniwatcr, either directly or
indirectly, to the Storm Water System, Waters of the State, or upon the land in a manner or
amount that is likely to reach the Stornnvater System or Waters of the State except as described
below in Section 18-81. Examples of Illicit Discharges and Illicit Disposals include, but are not
limited to: oil; grease; household and Industrial chemical waste; paint; paint Wash Water;
garbage; yard waste; animal waste; food waste; chlorinated swimming pool water; concrete;
concrete equipment Wash Water; Commercial vehicle Wash Water; heated water;
soaps/detergents; sediment/silt or any other discarded or abandoned substances or waste
materials.
b. Illicit Connection(s).
No Person shall install, maintain or use any connection to the TYlunicipal Stormwater System or
Waters of the State for the discharge of Non-Stormwater or shall cause Non-Stormwater to be

discharged or conveyed through a connection to the Stormwater System or Waters of the State
unless the discharge is a permitted discharge listed in Section] 8-8 1.
This prohibition expressly includes, without limitation, Illicit Connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
Examples of Illicit Connections -include, but are not limited to:
(1) Wastewater lines such as those from washing machines or sanitary severs; and
(2) Pipes or drains carrying Wastewater or Wash Water from a building, operation or property.
c. Accidental Discharge(.$).
If an accidental discharge to the municipal Storillwater System occurs, the responsible Person
shall immediately begin to collect and remove the discharge and restore all affected areas to their
pre -discharge condition. The responsible Person shall immediately notify CMSWS, and other
authorities as appropriate, of the accidental discharge by telephone or other mode of
instantaneous communication. The notification shall include the location of the discharge, type
of Pollutant, volume, time of discharge and corrective action taken. Such notification shall not
relieve the responsible Person of any of the expenses related to restoration, loss. damages or any
other liability that may be Incurred as a result; nor shall such notification relieve the responsible
part, from other liability that may be Imposed by this article or other applicable law.
d. Obstructio» a Violation.
Obstruction, as outlined in Section18-82)(d) of this article, shall be a violation. Said violation
may be enforced against the violator as a discrete violation of this article or as a factor in
conjunction with other enforcement remedies and penalties.
Sec. 18-81. Permitted Incidental Non-Stormwater Flows.
Stormwater Is the only discharge permitted in the Stormwater System with exception of
Incidental Non-Stormwater flows that do not negatively impact the quality of the receiving
stream. Incidental Non-Stormwater flows include:
(1) Water line flushing, except super -chlorinated water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005(20));
(5) Uncontaminated, pumped groundwater;
(6) Rising groundwaters;
(7) Discharges from Uncontaminated potable water sources;
(8) Collected infiltrated Stormwater from foundation drains or footing drains;
(9) Air conditioning condensate from residential or commercial units;
(10) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200);
(11) Uncontaminated springs;

(12) Uncontaminated, collected groundwater and infiltrated Stonnwater from basement or
crawl space pumps;
(13) Lawn watering;
(14) Dcclilorinatcd swimming pool discharge;
(15) Street Wash Water only when Unmodified Potable Water is used;
(16) Flows from emergency fire and rescue operations other than those resulting from
negligence on the part of the Person who owned or controlled the Pollutant;
(17) Residential and Charity Vehicle Washing (*see note below);
(18) Flows from Riparian habitats and wctland.e;
(19) �jt1 rOti�led. i ilall�esltutlic�ta��d.�y._i1tc,EP.Aosa�iS
(20) Dye testing, using suitable dyes, for verifying cross -connections, tracing plumbing lines,
detennining flow direction or rate and for similar purposes, provided that verbal
notification by non -governmental entities is provided to CMSWS prior to testing; and
(21) Removal of Stonnwater System blockages with Unmodified Potable Water.
* Designated vehicle wash areas at multi -family residential complexes are not allowed if they
connect, directly or indirectly, to the Stornmwater System or surface waters. Charity Vehicle
Washing performed by the same organization or at the same location on a routine basis (more
than one time in a thirty -day period) is not allowed under this article.
Sec. 18-82. Powers and Authority for Inspection.
a. Authority to inspect and monitor.
CMSWS personnel, hearing proper identification, may enter public or private properties at all
reasonable times to inspect, investigate, or monitor activities and conditions subject to this
article. Persons occupying premises to be inspected -shall allow CMSWS ready access at all
times to all parts of the premises to perform inspection, monitoring, records examination,
copying, photography, video recording or other duties. CMSWS shall have the right to set up on
the Person's property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a Person has security measures in force that
would require identification and clearance before entry into the premises, the Person shall make
arrangements with security personnel so that, upon presentation of identification, personnel from
CMSWS will be permitted to enter and perform their specific responsibilities without delay.
Denial of CMSWS' access to the Person's premises or portions thereof shall be a violation of this
article. Denial of access may also occur if a Person fails to provide, without unreasonable delay,
such facilities, equipment, or devices as are reasonably necessary to permit CMSWS personnel
to perform their duties in a safe manner. Unreasonable delays may constitute denial of access.
Any delay of more than five minutes may be considered unreasonable.
b. Search warrants.
To the extent permitted by law, CMSWS may seek the issuance of a search warrant to determine
compliance with this article.
c. Confidential information.

(1) To the extent permitted by applicable law and except as otherwise provided in this section,
information and data on a Person obtained from reports, questionnaires, permit applications,
permits, monitoring programs and inspections shall be available to the public or other
government agencies without restriction, unless the Person specifically requests, and is able to
demonstrate to the satisfaction of CMSWS, that the release of such information would divulge
information, processes or methods of production entitled to protection as trade secrets of the
Person. Any such request must be asserted at the time of submission of the information or data.
(2) To the extent permitted by applicable law, when requested by a Person furnishing a report,
the portions of a report that might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available upon request to governmental
agencies for uses related to this article provided, however, that such portions of a report shall be
available for use by the State or any State agency in judicial review or enforcement proceedings
involving the Person furnishing the report.
(3) Documents that are not public records and the information set forth therein may be withheld
and released only as provided by applicable law.
d. Obstruction.
No person shall obstruct, hamper, or interfere with CMSWS while carrying out official duties.
Upon presentation of credentials by CMSWS, necessary arrangements shell be made to allow
immediate access onto premises or Into an area protected by security measures. Any obstruction
to the safe aIld easy access to property, a facility or enclosure oil property, or to Imonitoring
devices shall immediately be removed. Unreasonable delays in providing safe and reasonable
access or removing obstructions shall be a violation of this article.
See. 18-83. Enforcement remedies and penalties.
a. Remedies not linzitetl.
The remedies provided herein are not exclusive; may be exercised singly, simultaneously, or
cumulatively; may be combined with any other remedies authorized under the law; and may be
exercised in any order.
b. A'otice of violation and meeting with CAISIVS.
(1) Cartew of notice.
Except in emergencies, as described in Section 18-83(k), upon CMSWS's determination that a
violation has occurred, CMSWS shall provide to each Person against whom remedial action or
penalties may be pursued, notice that describes: a) the location of the property and the nature of
the violation; b) a general description of the remedies and penalties that may be incurred; c) the
action(s) needed to correct the violation, which shall include a requirement to restore areas
affected by the violator's discharge(s) to the pre -violation condition; d) the time limit, if
required, by which corrective actions must occur; e) how to provide explanatory or additional
information to CMSWS and a contact Person with whom tine violation can be discussed; and f)
how to request a meeting with CMSWS for certain violations as described in Section 18-83(b)(3)

below. The notice shall also require the violator to provide written notification explaining
actions taken to correct the violation and to prevent future violations. Only one sucll notice shall
be required to each violator, regardless of the number of remedies or penalties that are pursued or
the timing of their institution. In addition, no time period for compliance need be given for
obstructing, hampering or interfering with an authorized representative while in the process of
carrying out duties under this article.
Said notice shall further advise the violator that should the violator fail to remcdiate or restore
the affected arca(s) within the established deadline, the restoration work may be done by
CMSWS or a contractor designated by CMSWS pursuant to Section l 8-830), and the expense
thereof shall be charged to the violator.
(2) Ser1 ce.
The notice may be served by mail, ]land delivery, verbally, or by any means authorized under
N.C.G.S. lA-1, Rule 4 of the North Carolina Rules of Civil Procedure. Refusal to accept the
notice shall not relieve the violator's obligation to comply with this article.
(3) Meeting with CMS[VS.
If the violator slakes a timely request foi- a sleeting with CMSWS during the time period set
forth in the notice, such meeting shall be scheduled at a time determined in the discretion of
CMSWS prior to imposing a civil penalty, compliance order, or cease and desist order; or prior
to withholding an inspection, permit, certificate of occupancy or other approval. The violator
shall have the opportunity to present any information relevant to the violation or proposed
remedy or penalty at the meeting, in writing or orally.
C. Civil penalties.
(1) Any Person who allows, acts in concert, participates, directs, or assists directly or indirectly
in the creation of a violation of this article is subject to a civil penalty. A civil penalty may be
assessed from the date the violation first occurs.
(2) The maximum civil penalty for each violation of this article is $5,000.00. Each Day of
violation shall constitute a separate violation.
(3) No penalty shall be assessed until the Person alleged to be in violation has been served notice
of the violation as described in Section 5-33(b). Refusal to accept the notice shall not relieve the
violator of the obligation to pay such penalty.
(4) Penalties may be assessed concurrently with a notice of violation for any of the following:
(i) Obstructing, hampering or interfering with an authorized CMSWS representative
who is in the process of carrying out official duties under this article;
(ii) A repeated violation for which a notice of violation was previously given to the
Person responsible for the violation; or
(iii) Willful violation of this article.
(5) In determining the amount of a civil penalty, CMSWS shall consider any relevant mitigating
and aggravating factors including, but not limited to the following:
(i) Degree and extent of harm caused by the violation;

(ii) Cost of rectifying the damage;
(iii) Amount of money saved through non-compliance;
(iv) Whether the violator took reasonable measures to comply with this article;
(v) Knowledge of the requirements by the violator and/or reasonable opportunity or
obligation to obtain such knowledge;
(vi) Whether the violator voluntarily took reasonable measures to restore any areas
damaged by the violation;
(vii) Whether the violation was committed willfully;
(viii) Whether the violator reported the violation to an appropriate authority;
(ix) Technical and economic reasonableness of reducing or eliminating the discharge;
and
(x) Prior record of the violator in complying or failing to comply with this article or
any other water Pollution control ordinance or regulation.
(6) CMSWS shall determine the amount of the civil penalty to be assessed under this section and
shall make written demand for payment upon the Person in violation and shall set forth in detail
a description of the violation for which the penalty Nvas imposed. Notice of said assessment shall
be by registered or certified mail or other means reasonably calculated to give adequate notice. If
a violator does not pay a civil penalty assessed by CMSWS within 30 days after it is due, or does
not request a hearing as provided in Section 18-84, CMSWS shall request the City Attorney to
institute a civil action to recover the amount of the assesslllent. `file civil action shall be brought
in Mecklenburg County Superior Court or in any other court of competent jurisdiction. Such
civil actions must be filed within three ycars of the date the Ilotice of assessment was served oil
the violator.
(7) All assessment that is not contested Is due wheIl the violator is served with a notice of
,assessment. An assessment that is contested Is due at the conclusion of the administrative and
judicial review of the assessment.
(S) Civil penalties collected pursuant to this article shall be credited to the City's general
fund as a nontax revenue.
(9) A violation of this article shall not constitute a misdemeanor or infraction punishable
under G.S. 14-4, but instead shall be subject to the civil penalties fixed by this section.
d. Cost recovei_l:
CMSWS may also recover from the violator:
(i) Costs to restore damaged property based on restoration costs, which include, but
are not limited to, cleanup costs, devaluation of the property, value of animal and
plant life damaged, and City administrative costs.
(ii) Compensation for damage to or destruction of the Stormwater System.
In no case shall the maximum penalty per Day exceed the amount as specified in Section 1 S-
S 3(c)(2).
e. Compliance agreement.
CMSWS may enter into compliance agreements, assurances of voluntary compliance, or other
similar documents establishing ,in agreement with the Person responsible for the non-

compliancc. Such agreements will include specific actions to be taken by the Person in violation
to correct the non-compliance within a time period specified by the agreement. Compliance
agreements shall have the Same force and effect as compliance orders issued pursuant to Section
18-83 (f) below.
f. Conij)1imice order.
When CMSWS finds that any Person has violated or continues to violate any section of this
article, an order may be issued to the violator directing that they do one, or a combination, of the
following:
(1) Comply with the sections of this article in accordance with a time schedule set forth in
the order;
(2) Take appropriate remedial or preventive actions for a continuing or tlreatened violation
of any section of this article, including installation and proper operation of adequate
structures/devices and/or implementation of procedures and management practices;
(3) Pay a civil penalty for violating any section of this article.
g. Cease wid (lesist order:
Cease and desist orders may be issued as hollows:
(1) If CMSWS finds that an)% Person has violated or continues to violate any section of this
article, an order issued pursuant to this article, or any other provision of applicable law, CMSWS
may issue an order requiring such Person to cease and desist all such violations and direct such
Person to perform any one or more of the following:
(i) Comply immediately with all sections of this article, an order issued pursuant to
this article, or other applicable law;
(ii) 'fake appropriate remedial or preventive actions for a continuing or threatened
violation of any section of this article, a compliance agreement issued pursuant to
this article, an order issued pursuant to this article, or any other provision of
applicable law.
(2) CMSWS may include in such order the payment of a civil penalty for violating any section of
this article, or for violating a compliance agreement or order issued pursuant to this article.
h. [Vithholilhig of iuspectiomv, permits, certificate of occupaiic jy or other approvals.
Building inspections; permits for development or other improvements; requests for plan approval
for zoning, subdivision, other development or construction; and certificates of occupancy may be
withheld or conditioned upon compliance with this article until a violator with ownership or
management of the property for which pen -nits or approvals are sought has fully complied with
this article and all actions taken pursuant to this article.
i. Restoration of'areas affected kvfaihire to comj)1j7.
CMSWS may require a Person responsible for a violation to restore all areas affected by the
violation to their pre -violation condition in order to minimize the detrimental effects of the

resulting impacts. This authority is in addition to any other enforcement actions authorized under
this article.
j. Abatement 11); CAISIVS.
If the violation has not been corrected pursuant to the requirements set forth in the notice of
violation or by other allowable remedies, or, in the event of an appeal under Section 1 S-S4,
within 10 Days of the decision of the Stormwatcr Advisory Committee to uphold the decision of
CMSWS, then CMSWS or a contractor designated by CMSWS may enter upon the subject
premises and is authorized to take any and all measures necessary to abate the violation and/or
restore impacted areas to their pre -violation condition in order to minimize the detrimental
effects of the resulting impacts. It shall be unlawful for any Person in possession or control of
any premises to refuse to allow CMSWS or its designated contractor to enter upon the premises
for the purposes set forth above.
The Person in violation will be notified of the cost of abatement, including administrative costs.
If the specified amount is not paid within 30 days after it is due, CMSWS shall request the City
Attorney to institute a civil action to recover the specified amount. The civil action shall be
brought in Mecklenburg County Superior Court or in any other court of competent jurisdiction.
Such civil actions must be Filed within three years of the date said notice was served oil the
violator.
k. Etneigencies.
If delay in correcting a violation would seriously threaten the effective enforcement of this article
or pose an immediate danger to the public health, safety, or welfare, or the environment,
including but not limited to Waters of tile State, then CMSWS may order the immediate
cessation of the violation. Any Person ordered to cease such violation or to remedy such
violation shall do so immediately. CMSWS may seek immediate enforcement through any
remedy or penalty authorized in this article or other applicable law.
1. Injunctive relief.
(1) Whenever CMSWS has reasonable cause to believe that any Person is violating or
threatening to violate this article, CMSWS may, either before or after the institution of any other
action or proceeding authorized by this article, authorize the City Attorney to institute a civil
action in the name of CMSWS for injunctive relief to restrain the violation or threatened
violation. The action shall be brought pursuant to G.S. 153A-123 in Mecklenburg County
Superior Court.
(2) Upon determination by a court that an alleged violation is occurring or is threatened, the
court shall enter such orders or judgments as arc necessary to abate the violation or to prevent the
threatened violation. Tile institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil penalty prescribed for violations of this
article.

Sec. 18-84. Appeal Process.
a. Issuance of a notice of violation, assessment of a civil penally, cease and desist order and/or
compliance order.
(1) The issuance of a notice of violation or notice of assessment of a civil penalty by CMSWS
shall entitle the Person responsible for the violation of the article ("Petitioner") to a public
hearing before the Storm Water Advisory Committee ("Committee") if such Person submits
written demand for a hearing to the Clerk of the Committee ("Clerk") within 30 Days of the
receipt of the notice. The demand for a hearing filed with the Clerk shall be accompanied by a
filing fee as established by the Committee. In the demand for a hearing on a civil penalty
assessment, the Petitioner must state separately each reason why such penalty should not be
assessed or, if the Petitioner contends that the civil penalty was assessed in an improper amount,
each reason why the amount of the penalty is improper. Each assessment of a civil penalty that
has been included in a demand for a hearing in accordance with this section is stayed and shall
not take effect until the earliest occurrence of any one of the following circumstances: the
assessment of the civil penalty is approved or is modified by the Committee; or the Petitioner
and CMSWS agree on the assessment of the civil penalty. Failure to timely file such demand
and fee shall constitute a waiver of any rights to appeal under this article and tlhe Committee
shall have no jurisdiction to hear tlhe appeal.
(2) The issuance of a cease and desist order and/or compliance order by CMSWS shall entitle
Petitioner to a public hearing before the Committee if such Petitioner submits written demand for
a hearing to the Clerk within the following schedule:
(i) within ten days of the receipt of a cease and desist order issued pursuant to
Section 1 S-83(g);
(ii) within twenty days of the receipt of a compliance order issued pursuant to Section
18-83(f).
In the demand for a hearing on the issuance of such an order, tlhe Petitioner must identify
separately each provision of the order that is improper and every basis for such contention. Each
provision of an order that has been included in a demand for a hearing in accordance with this
section is stayed and shall not take effect until the earliest occurrence of any one of the following
circumstances: such provision is approved or is modified by the Committee; or the Petitioner and
CMSWS agree on the terms of the order. This subsection shall not be construed to stay any
section of this article or other applicable law.
The demand for a hearing filed with the Clerk shall be accompanied by a filing fee as established
by the Committee. Failure to timely file such demand and fee shall constitute a waiver of any
rights to appeal under this article and the Committee shall have no jurisdiction to hear the appeal.
(3) Within 5 Days of receiving the Petitioner's demand for a hearing, the Clerk shall notify the
Chairman of the Committee ("Chairman") of the request for hearing. As soon as possible after
the receipt of said notice, the Chairman shall set a time and place for the hearing and notify the
Petitioner by mail of the date, time and place of the hearing. The time specified for the hearing
shall be either at the next regularly scheduled meeting of the Committee from the submission of
tlhe notice, or as soon thereafter as practical, or at a special meeting. The hearing shall be
conducted pursuant to the provisions of Section 18-84(b) of this article.

(4) Any party aggrieved by the decision of the Committee with regard to the issuance of a notice
of violation, notice of assessment of a civil penalty, cease and desist order or compliance order
shall have 30 Days from the receipt of the decision of the Committee to file a petition for review
in the nature of certiorari in Superior Court with the Clerk of Mecklenburg County Superior
Court.
b. Heat -Mg procedure.
The following provisions shall be applicable to any hearing conducted by the Committee
pursuant to Section 18-34(a).
(1) At the hearing, Petitioner and CMSWS shall have the right to be present and to be heard, to
be represented by counsel, and to present evidence through witnesses and competent testimony
relevant to the issue(s) before the Committee.
(2) Rules of evidence shall not apply to a hearing conducted pursuant to this article and the
Committee may give probative effect to competent, substantial and material evidence.
(3) At least 7 days before the hearing, the parties shall exchange a list of witnesses intended to be
present at the hearing and a copy of any documentary evidence intended to be presented. The
parties shall submit a copy of this information to the Clerk. Additional witnesses or documentary
evidence slay not be presented except upon consent of both parties or upoii Fi majority vote of the
Committee.
(4) Witnesses shall testify tinder oath or affirmation to be administered by the; CUurt Reporter or
another duly authorized official.
(5) The procedure at the hearing shall be such as to permit and secure a fiill, fair and orderly
hearing and to permit all relevant, competent, substantial and material evidence to be rcecived
therein. A frill record shall be kept of all evidence taken or offered at such hearing. Both the
representative for CMSWS and for the Petitioner shall have the right to cross-examine witnesses.
(6) At the conclusion of the hearing, the Committee shall render its decision on the evidence
submitted at such hearing and not otherwise.
(i) If, after considering the evidence presented at the hearing, the Committee
concludes by a preponderance of the evidence that the grounds for CMSWS'
actions (including the amount assessed as a civil penalty) with regard to either
issuing a notice of violation, assessing a civil penalty, issuing a cease and desist
order or issuing a compliance order arc true and substantiated, the Committee
shall uphold the action on the part of CMSWS.
(ii) If, after considering the evidence presented at the hearing, the Committee
concludes by a preponderance of the evidence that the grounds for CMSWS'
actions (including the amount assessed as a civil penalty) are not true and
substantiated, the Committee shall, as it sees fit, either reverse or modify any
order, requirement, decision or determination of CMSWS. The Committee
Bylaws will determine the number of concurring votes needed to reverse or
modify any order, requirement, decision or determination of CMSWS. If the
Committee finds that the violation has occurred, but that in setting the amount of
a penalty or setting order directives CMSWS has not considered or given
appropriate weight to either mitigating or aggravating factors, the Committee
shall either decrease or increase the per day civil penalty within the range allowed

by this article, or modify order directives, as appropriate to the case. Any
decision of the Committee that modifies the amount of the civil penalty or an
order directive shall include, as part of the findings of fact and conclusions of law,
findings as to which mitigating or aggravating factors exist and the appropriate
weight that should have been given to such factors by CMSWS in setting the
amount of the civil penalty or in issuing orders.
(7) The Committee shall keep minutes of its proceedings, showing the vote of each member upon
each question and the absence or failure of any member to vote. The decision of the CQmIIUttee
shall be based on findings of fact and conclusions of law to support its decision.
(8) The Committee shall send a copy of its findings and decision to the Applicant/Petitioner and
CMSWS. If either party contemplates an appeal to a court of law, the party may request and
obtain, at that party's own cost, it transcript of the proceedings.
(9) The decision of the Committee shall constitute a final decision.
See. 18-85. Severability
If any section or sections of this article is/are held to be invalid or unenforceable, all otlier
sections shall nevertheless continue in full force and effect.