Loading...
HomeMy WebLinkAboutNCS000406 Wilmington FINAL DRAFTv2 PERMIT_20171229STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000406 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Wilmington is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Wilmington's corporate limits New Hanover County to receiving waters of the State, Smith Creek, Burnt Mill Creek, Greenfield Lake, Barnards Creek, and Motts Creek, within the Cape Fear River Basin and Howe Creek, Bradley Creek, Hewletts Creek, Intracoastal Waterway, and Whiskey Creek, within the White Oak River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, IV, V, VI, VII and VIII hereof. Note: Draft Permit Dates are Approximate This permit shall become effective February 1, 2018. This permit and the authorization to discharge shall expire at midnight on January 31, 2023. Signed this day January 31, 2018. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000406 TABLE OF CONTENTS 171;718 �9a:1ulYY[K61TA91RAM PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION mx9i Y [oleo 1-m iR0at" a SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 0: xoj Y tole I mWell)e191YR8141IW]elM10a Zila[e]III[oZoAYY WelW SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING OF REPORTS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS I THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000406 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the City of Wilmington is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Smith Creek, Burnt Mill Creek, Greenfield Lake, Barnards Creek, and Motts Creek, within the Cape Fear River Basin and Howe Creek, Bradley Creek, Hewletts Creek, Intracoastal Waterway, and Whiskey Creek, within the White Oak River Basin. Such discharge will be controlled, limited and monitored in accordance with this permit and the permittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to the corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Energy, Mineral and Land Resources, herein referred to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to describe the means that the permittee will use to comply with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the MEP. Part I Page 1 of 2 PERMIT NO. NCS000406 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: Permitted by, and in compliance with, another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Have not been determined to be significant sources of pollutants to the MS4 and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • individual residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from fire fighting activities; and 0 splash pad (spray ground) water from potable water source only. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan if it has been documented that the non- stormwater flow has been determined to be a significant impact. I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000406 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants from its municipal storm sewer system associated with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process that has been approved by the Division and is at least as stringent as the annual review described herein. Voluntary assessments, such as the MS6 Program established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners may be conducted by the local government, another local government with and NPDES MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. 3. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines, or is informed by the Division that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittee will include an explanation and justification of the proposed changes. The permittee shall provide at least 30 days for the Division to provide feedback on proposed modifications. Major modifications to the Stormwater Plan shall not take effect until approved by the Division. 4. The permittee is required to make available its Stormwater Plan to the Division upon request. The permittee is required to keep an up-to-date version of its Stormwater Plan available to the Division and the public online. At a minimum, the online materials shall include ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the permit. 5. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the Part 11 Page 1 of 18 PERMIT NO. NCS000406 need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. The permittee may provide feedback and propose alternative options to the requested modifications. Both the Division and permittee shall each provide at least 30 days to provide feedback on such modifications. 6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implement the control measure on behalf of the MS4. Unless implemented by the State or where delegated by the state, the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 7. The Permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part 11 Page 2 of 18 PERMIT NO. NCS000406 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities addressing impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups (ex.: schools, homeowners, and/or audiences and user groups. businesses). Instead of developing its own materials, the permittee may rely on Public Education and Outreach materials supplied by the state, and/or other entities through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 3 of 18 PERMIT NO. NCS000406 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/helpline for the purpose of public involvement and participation. Part II Page 4 of 18 PERMIT NO. NCS000406 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the categories of non -storm water discharges or flows (i.e., illicit discharges) in Part I.H of this permit only if you identify them as significant contributors of pollutants to the MS4. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Maintain adequate legal authorities The permittee shall annually review the permittee's IDDE ordinances or other regulatory mechanisms, or adopt any new ordinances or other regulatory mechanisms that provide the permittee with adequate legal authority to prohibit illicit connections and discharges and enforce the approved IDDE Program. b. Maintain a Storm Sewer System The permittee shall maintain a current map showing major Base Map of Major Outfalls. outfalls and receiving streams c. Detect dry weather flows The permittee shall maintain a program for conducting dry weather flow field observations in accordance with a written procedure for detecting and removing the sources of illicit discharges. d. Investigate sources of identified The permittee shall maintain, and evaluate annually written illicit discharges. procedures for conducting investigations of identified illicit discharges. e. Track and document investigations The permittee shall track all investigations and document the illicit discharges date(s) the illicit discharge was observed; the results of the investigation; any follow-up of the investigation; and the date the investigation was closed. Part II Page 5 of 18 PERMIT NO. NCS000406 BMP I Measurable Goals f. Employee Training The permittee shall implement and document a training program for appropriate municipal staff who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system. g. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. h. Public reporting mechanism The permittee shall promote, publicize, and facilitate a reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. i. Enforcement The permittee shall implement a mechanism to track the issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part II Page 6 of 18 PERMIT NO. NCS000406 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Compliance with a delegated Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. Pursuant to 40 CFR 122.35(b) the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. Pursuant to 40 CFR 122.35(b), the permittee may rely on a delegated Sediment and Erosion Control Program to comply with this minimum measure. The delegated Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The delegated Sediment and Erosion Control Program continues to be monitored by the State to ensure the County effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCGO10000 permit, as administered by the State, establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee shall provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline (1-800-STOPMUD) to meet the requirements of this paragraph. Part 11 Page 7 of 18 PERMIT NO. NCS000406 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural Stormwater Control Measures (SCM) and/or non-structural SCMs appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term inspection and maintenance of SCMs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply to permit compliance. BMP Measurable Goal a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for inspections at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post - Construction Stormwater Management Program. Part 11 Page 8 of 18 PERMIT NO. NCS000406 BMP NOW Measurable Goals b. Strategies which include Maintain strategies that include a combination of structural Stormwater Control Measures and/or non-structural SCMs implemented in concurrence (SCMs) appropriate for the MS4 with (a) above. Provide a mechanism to require long-term operation and maintenance of structural SCMs. Require annual inspection reports of permitted structural SCMs performed by a qualified professional. A qualified professional means an individual trained and/or certified in the design, operation, inspection and maintenance aspects of the BMPs being inspected, for example, someone trained and certified by NC State for BMP Inspection & Maintenance. Within 12 months of the effective date of this permit, the permittee shall evaluate, and revise as needed, SCM requirements, to be at least as stringent as the minimum requirements in 15A NCAC 02H .1000. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an inspection and long-term inspection and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The inspection and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the permittee shall conduct and document inspections of each Part II Page 9 of 18 PERMIT NO. NCS000406 BMP ME Measurable Goals project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met. The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee's new development and redevelopment program. i. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development a. To fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H .1000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Plan that the permittee will fully comply with the requirements of the second party's post -construction programs. C. Pursuant to 15A NCAC 02H .1017, for areas draining to Nutrient Sensitive Waters, where the Department has approved a locally implemented Nutrient Sensitive Water Urban Stormwater Management Program that addresses post -construction runoff, the provisions of that program fulfill the MS4 post -construction requirement. Part II Page 10 of 18 PERMIT NO. NCS000406 d. The design volume of SCMs shall account for the runoff at build out from all surfaces draining to the system. Drainage from off-site areas may be bypassed. e. Pursuant to 15A NCAC 02H .1001(1)(c), to fulfill the post -construction minimum measure requirement for linear transportation projects, including undertaken by an entity other than North Carolina Department of Transportation (NCDOT), and are projects constructed to NCDOT standards that will be conveyed to the State upon completion, the permittee or regulated entity may use the Stormwater Best Management Practices Toolbox (Version 2, April 2014), including any subsequent amendments and editions, developed by the NCDOT. This NCDOT Stormwater BMP Toolbox is available at: https://connect.ncdot.gov/resources/hydro/Pa eg s/Hi hway-Stormwater-Prof ram.aspx Part II Page 11 of 18 PERMIT NO. NCS000406 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Implement an operation and maintenance program that includes a training component and has the goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. Also maintain a current inventory of the MS4 system and municipally -owned structural SCMs. b. Inspection and Maintenance The permittee shall maintain and implement, evaluate annually (I&M) for municipally owned and update as necessary an Inspection and Maintenance (I&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The I&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permittee must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. e. Inspection and Maintenance The permittee shall maintain and implement an I&M program for (I&M) for municipally -owned the stormwater sewer system including catch basins and or maintained catch basins and conveyance systems that it owns and maintains. conveyance systems f. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the ermittee'spost-construction ordinance. Part 11 Page 12 of 18 PERMIT NO. NCS000406 BMP Measurable Goals g. I&M for municipally -owned or The permittee shall maintain and implement an I&M program for maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The I&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. h. Pesticide, Herbicide and The permittee shall require that contractors are properly trained Fertilizer Application and that all permits, certifications, and other measures for Management. applicators are followed. The permittee shall ensure municipal employees, as appropriate based on job classification, are trained and that applicable permits and certifications are maintained, and follow to the MEP measures for applicators. i. Staff training The permittee shall implement an employee training program for municipal employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 13 of 18 PERMIT NO. NCS000406 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective a. The permittee shall determine whether the MS4 discharges to receiving waters within a TMDL watershed and identify the pollutant(s) of concern (POC). For all TMDLs with a NPDES MS4 regulated WLA assigned to the permittee, the permittee shall determine whether the POC have potential to occur in MS4 stormwater discharges. b. The permittee will utilize BMPs within the six minimum measures to address the permittee's assigned NPDES MS4 regulated stormwater waste load allocation (WLA) identified in the approved TMDL to the maximum extent practicable and to the extent authorized by law. C. If subject to an approved TMDL with a NPDES MS4 regulated WLA assigned to the permittee, the permittee will be considered in compliance with the TMDL if the permittee complies with the conditions of this permit, including developing and implementing appropriate BMPs within the six minimum measures to address the permittee's MS4s NPDES regulated WLA to the maximum extent practicable (MEP). While improved water quality is the expected outcome, the permittee's obligation is to implement BMP's designed to address the NPDES regulated waste load allocation assigned to the permittee to the maximum extent practicable (MEP). The permittee is not responsible for attaining water quality standards (WQS). The Division expects attaining WQS will only be achieved through reduction from all point and nonpoint source contributors identified in the approved TMDL. 2. TMDL Plans a. If the permittee has an existing TMDL Plan designed to address the NPDES MS4 regulated WLA assigned to the permittee, that includes monitoring to evaluate progress, and which addresses the POC through the six minimum control measures; it satisfies the objectives of this Section H. b. The permittee may comply with a Department approved management strategy to address an impairment or TMDL, such as a Nutrient Management Strategy, to satisfy the objectives of this Section H. C. The permittee may develop and submit, within 24 months, to the Department for approval of an alternative approach, such as an Integrated Report - Category 4(b) watershed plan, to satisfy the objectives of this Section H. d. For new TMDLs that are not addressed by H.2. a, b, or c above, a TMDL Plan shall be developed according to H.3 below, and submitted to the Division. Time periods shown are from the later of the effective date of this permit or the TMDL as approved by EPA. Part II Page 14 of 18 PERMIT NO. NCS000406 3. Best Management Practices (BMPs): BMP Measurable Goals a. Identify, describe and Within 12 months the permittee shall prepare a plan that: map watershed, • Identifies the watershed(s) subject to an approved TMDL with an outfalls, and streams approved Waste Load Allocation (WLAs) assigned to the permittee; and • Includes a description of the watershed(s); and • Includes a map of watershed(s) showing streams & outfalls • Identifies the locations of currently known major outfalls within its corporate limits with the potential of contributing to the cause(s) of the impairment to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments; and • Includes a schedule (not to exceed 6 months) to discover and locate other unknown major outfalls within its corporate limits that may be contributing to the cause of the impairment to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. b. Evaluate existing Within 12 months the Permittee's plan: measures • Shall describe existing measures currently being implemented by the Permittee designed to achieve the MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies; and • Provide an explanation as to how those measures are designed to reduce the TMDL pollutant of concern. • The Permittee shall continue to implement the existing measures until notified by the Division. c. Assessment of Within 24 months the permittee's plan shall include an assessment of available monitoring available monitoring data. Where long-term data is available, this data assessment should include an analysis of the data to show trends. d. Monitoring Plan Within 24 months the permittee shall develop a Monitoring Plan for the permittee's assigned NPDES regulated WLA as specified in the TMDL. The permittee shall maintain and implement the Monitoring Plan as additional outfalls are identified and as accumulating data may suggest. Following any review and comment by the Division the permittee shall incorporate any necessary changes to monitoring plan and initiate the plan within 6 months. Modifications to the monitoring plan shall be approved by the Division. Upon request, the requirement to develop a Monitoring Plan may be waived by the Division if the existing and proposed measures are determined to be adequate to achieve the MS4's NPDES WLA to MEP within the watershed to which the TMDL applies. Part II Page 15 of 18 PERMIT NO. NCS000406 BMP Measurable Goals e. Additional Measures Within 24 months the permittee's plan shall: • Describe additional measures to be implemented by the permittee designed to achieve the permittee's MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies; and • Provide an explanation as to how those measures are designed to achieve the permittee's MS4's NPDES regulated WLA to the MEP within the watershed to which the TMDL applies. f. Implementation Plan Within 48 months the permittee's plan shall: • Describe the measures to be implemented within the remainder of the permit term designed to achieve the MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP; and • Identify a schedule, subject to Division approval, for completing the activities. g. Incremental Success The permittee's plan must outline ways to track progress and report successes designed to achieve the MS4's NPDES regulated WLA and to reduce the TMDL pollutant of concern to MEP within the watershed to which the TMDL applies. h. Reporting The permittee shall conduct and submit to the Division an annual assessment of the program designed to achieve the MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies. Any monitoring data and information generated from the previous year are to be submitted with each annual report. 4. If no MS4 NPDES regulated waste load allocation (WLA) is specified in the TMDL At any time during the effective dates of this permit, if a TMDL has been approved that does not assign a WLA for the pollutant of concern to the municipal stormwater system, if there was no waste load allocation specified for the POC in the TMDL assigned to the municipal stormwater system, in lieu of developing a plan within this permit section, within 24 months the Permittee shall evaluate strategies and tailor BMP's within the scope of the six minimum permit measures to address the POC in the watershed(s) to which the TMDL applies, to the MEP and to the extent allowed by law. 5. Information regarding North Carolina TMDLs Information regarding North Carolina TMDLs is available at: https:lldeq.nc. govlaboutldivisionslwater-resourceslplanniniz/modeliniz-assessment Part 11 Page 16 of 18 PERMIT NO. NCS000406 SECTION I: ELECTRONIC REPORTING OF REPORTS [General Statute 143-215.1(b)] 1. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. These federal regulations require electronic submittal of all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). 2. This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): • Paragraph A. • Paragraph B. • Paragraph G. Records Annual Reporting Report Submittals Starting on December 21, 2020, the permittee shall electronically report the following compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment annual report) The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Supplements Part IV] In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: https://www.epa. ov�pliance/final-national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittee must electronically submit MS4 annual program reports no later than October 31St following the completed reporting period. The permittee must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part 11 Page 17 of 18 PERMIT NO. NCS000406 5. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 6. Records Retention [Supplements Part IV] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part 11 Page 18 of 18 PERMIT NO. NCS000406 PART III PROGRAM ASSESSMENT A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. B. The permittee shall review and update its Stormwater Plan as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph G (3) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request that the permittee provide the Division with additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000406 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permittee must submit annual reports to the Department by October 31 st of each calendar year and cover the previous fiscal year's activities from July 1St to June 30th of the permittee's fiscal year. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: a. The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. b. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). C. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. d. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates. e. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. f. Discussion of program funding. 2. Reports submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfy Part IV. B.1 above and Part II Section I, Electronic Reporting of this permit. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) satisfy Part IV.B.1 above and Part II Section I, Electronic Reporting of this permit through 2020. 4. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local government, a third party, or a self-assessment, satisfy Part IV.B.1 above. Part IV Page 1 of 3 PERMIT NO. NCS000406 C. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals 1. All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality DEMLR — Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612 All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if. a. The authorization is made in writing by a principal executive officer or ranking elected official; Part IV Page 2 of 3 PERMIT NO. NCS000406 b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 3 of 3 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000406 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,300 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 4 PERMIT NO. NCS000406 2. Duty to Mitigate The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 4 PERMIT NO. NCS000406 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any permittee that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 3 of 4 PERMIT NO. NCS000406 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 2. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Energy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 4 of 4 PERMIT NO. NCS000406 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H.0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VI & VII Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000406 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning. See also Non-structural BMP and SCM. 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in General Statute 143-214.7, that is effective on the date that a project is received by the permittee for post -construction site runoff controls review. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development "Common plan of development" means a site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans. 6. Department (NCDEQ) Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources , Department of Environmental Quality. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 2. EMC The North Carolina Environmental Management Commission. Part VIII Page 1 of 6 PERMIT NO. NCS000406 Illicit Discharize Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 4. Industrial Activi For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or (b) Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or (c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall') Major municipal separate storm sewer outfall (or "major outfall') means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Register as (1) public education and outreach, (2) public participation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post -construction runoff control, and (6) pollution prevention/good housekeeping. Part VIII Page 2 of 6 PERMIT NO. NCS000406 15. Minimum Desian Criteria (MDC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post -construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to General Statute 143- 214.1. 16. Municipal Separate Storm Sewer SystemMS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Non-stormwater Dischar e� og ries The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage Part VIII Page 3 of 6 PERMIT NO. NCS000406 infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" means any land -disturbing activity that does not result in a net increase in built -upon area and that provides greater or equal stormwater control than the previous development. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Six Minimum Measures. or Six Minimum Control Measures As defined in 40 CFR § 122.34(b). They are Public Education and Outreach, Public Involvement/Participation, Illicit Discharge Detection and Elimination, Construction Site Runoff Controls, Post -Construction Runoff Controls, and Pollution Prevention and Good Housekeeping for Municipal Operations. Part VIII Page 4 of 6 PERMIT NO. NCS000406 25. Sensitive Waters Sensitive Waters are waters a) with a TMDL developed and approved, or established by EPA, b) Included in the most recent NC DEQ Section 303(d) list approved by EPA, and/or that pursuant to NCDEQ Water Classifications & Standards, waters that are classified as either Outstanding Resource Waters (ORW), Trout Waters (Natural (TN)), or, Shellfish Waters (SA). 26. Splash pad (sprU ground) An outdoor play area with sprinklers, fountains, nozzles, and other devices or structures that spray water. 27. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Control Measures (SCM) As defined in 15A NCAC 02H .1002, also known as Best Management Practice (BMP), a permanent structural device that is designed, constructed and maintained to remove pollutants from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater or a combination thereof. 30. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase 11 regulations to be developed by MS4 permittees. 31. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. Part VIII Page 5 of 6 PERMIT NO. NCS000406 32. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 33. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Part VIII Page 6 of 6