NCS000414_2017 Final Permit_20170220

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES

PERMIT NO. NCS000414
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,

Town of Chapel Hill

is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:

within the Town of Chapel Hill corporate limits
Orange and Durham Counties

to receiving waters, Little Creek, Bolin Creek, Booker Creek (Eastwood Lake), Morgan Creek, Meeting
of the Waters Creek, Cedar Fork Creek, Wilson Creek, Fan Branch Creek, Crow Branch Creek, Battle
Branch Creek, Old Field Creek, and Dry Creek, within the Cape Fear River Basin in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI,
VII and VIII hereof.

This permit shall become effective February 20, 2017.

This permit and the authorization to discharge shall expire at midnight on February 19, 2022.

Signed this day February 20, 2017.

Original Signed by Micheal F. Randall

for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

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PERMIT NO. NCS000414
i
TABLE OF CONTENTS

PART I PERMIT COVERAGE

PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES

SECTION A: PROGRAM IMPLEMENTATION

SECTION B: PUBLIC EDUCATION AND OUTREACH

SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION

SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION

SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS

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 [G.S. 143-215.1(b)]

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

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PERMIT NO. NCS000414
Part I Page 1 of 2

PART I PERMIT COVERAGE

1. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Chapel Hill (permittee) is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters, Little Creek, Bolin Creek, Booker Creek
(Eastwood Lake), Morgan Creek, Meeting of the Waters Creek, Cedar Fork Creek, Wilson Creek,
Fan Branch Creek, Crow Branch Creek, Battle Branch Creek, Old Field Creek, and Dry Creek,
within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in
accordance with the permittee’s Stormwater Management Program (Stormwater Program) and
this permit. This permit details the permittee’s stormwater management plan (Stormwater Plan)
to implement the six minimum measures in 40 CFR 122.34(b) for the five-year term of the
permit. The stormwater plan includes minimum measure objectives and a table that identifies
each best management practice (BMP) used, the frequency of the BMP, the measurable goals for
each BMP, and the implementation schedule for each minimum measure.

2. 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.

3. 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.

4. This permit covers activities associated with the discharge of stormwater from the MS4 owned
and operated by the permittee within the corporate limits of the permittee. The permit applies to
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.

5. 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.

6. 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.

7. The permit requires the proper implementation of the Stormwater Plan. The purpose of the
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit. Compliance with the six minimum measures in 40 CFR § 122.34(b)
and the additional provisions of Session Law 2006-246 constitute compliance with the
requirements of this permit, the Clean Water Act and Session Law 2006-246 to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, 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 maximum extent practicable.

PERMIT NO. NCS000414
Part I Page 2 of 2

8. 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:

(a) 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

(b) Have not been determined to be incidental non-stormwater flows that do not significantly
impact water quality and may include:

• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• 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;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from firefighting activities.

The Division may require that non-stormwater flows of this type be controlled by the
permittee’s Stormwater Plan.

9. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the
effective date of the permit.

PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES

SECTION A: PROGRAM IMPLEMENTATION

The permittee will implement, manage and oversee all elements of its Stormwater Program to control to
the maximum extent practicable the discharge of pollutants from its MS4. The overall Stormwater
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 this stormwater permit, or (2) an assessment that has been reviewed and approved by the Division. The
assessment may be conducted by the local government, another local government with an NPDES MS4
permit, or an independent third party. This includes, but is not limited to, the following areas:

1. The permittee will maintain adequate legal mechanisms, such as regulations, ordinances, policies
and procedures, to implement all provisions of the Stormwater Plan. The Division will be
notified of major modifications of these authorities, and the reasons and justifications for these
changes. The Division may comment on these modifications as deemed necessary to assure
appropriate implementation of the Stormwater Plan.

2. The permittee must evaluate program compliance, the appropriateness of best management
practices, and progress towards achieving measurable goals at least annually.

3. The permittee will maintain adequate funding and staffing to implement and manage the elements
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.

4. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
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. Major modifications to the Stormwater Plan shall be submitted to the
Director for approval. The permittee is required to make available its Stormwater Plan to the
Division upon request. At a minimum, the permittee 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. 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. The Division will
notify the permittee of the need to modify the Stormwater Plan to be consistent with the permit
and will establish a deadline to finalize such changes to the Stormwater Plan.

5. 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 particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
c. The other entity agrees to implements the control measure on behalf of the MS4.

6. 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.

SECTION B: PUBLIC EDUCATION AND OUTREACH

1. Objectives for Public Education and Outreach

Distribute educational materials to the community or conduct equivalent outreach
activities about the 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. Describe targeted residential
and commercial sources and
activities
Identify targeted residential and commercial sources and
activities including:

 A description of the target pollutants and/or stressors and
likely sources and impacts on stormwater runoff and water
quality.
 Target audiences likely to have significant storm water
impacts and why they were selected.

b. Informational Web Site Promote and maintain an internet web site.

c. Develop and distribute public
education materials to identified
target audiences and user
groups.
Distribute, assess and update as necessary stormwater
educational material to appropriate target groups using locally
appropriate strategies.

Measure and record the extent of exposure for each strategy.

d. Maintain Hotline/Help line Promote and maintain a stormwater hotline/helpline.

e. Evaluate program effectiveness Assess the stormwater education/outreach program and update
as necessary.

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.

BMP Measurable Goals
a. Volunteer community
involvement program
Include and promote volunteer opportunities as part of its
stormwater program designed to promote ongoing citizen
participation.

b. Mechanism for Public
Involvement
Continue staff support to Stormwater Advisory Board.

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 following categories of non-storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to the MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground water,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
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, charity car washes, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or
flows from firefighting activities are excluded from the effective prohibition against non-
storm water and need only be addressed where they are identified as significant sources
of pollutants to waters of the United States).

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.

BMP Measurable Goals
a. Maintain adequate legal authorities Conduct annual review of legal authorities and revise as
necessary.

b. Maintain a Storm Sewer System
Base Map of Major Outfalls.
Complete and maintain a map identifying major outfalls and
receiving streams.

c. Detect dry weather flows Develop and implement a program for conducting regular dry
weather flow field observations in accordance with written
field screening procedure for detecting and tracing the sources
of illicit discharges.

d. Investigations into the source of all
identified illicit discharges.
Maintain, assess annually, and update as necessary written
procedures for conducting investigations into the source of
identified illicit discharges, including approaches to requiring
such discharges to be eliminated, and for removing the sources
or reporting the sources to the State to be properly permitted.

BMP Measurable Goals
e. Track investigations and document
illicit discharges
Track all investigations and document the 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.

f. Town Employee Training 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 Inform public employees, businesses, and the general public
of hazards associated with illegal discharges and improper
disposal of waste.

h. Reporting hotline Promote and maintain hotline for public and town staff to
report illicit discharges and connections.

i. Enforcement 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.

SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS

1. Pursuant to 40 CFR 122.35(b), the permittee may rely on the Orange County Sediment and
Erosion Control Program to comply with this minimum measure. The Orange County 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. The Orange County
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 NCG010000 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.

3. 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 NCDEQ, Division of Energy, Mining, and Land Natural Resources “Stop Mud”
hotline to meet the requirements of this paragraph.

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, including public transportation maintained by the permittee,
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 best management practices (BMPs) 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 operation 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 N.C.
Division of Energy, Mining, and Land Natural Resources, the post-construction ordinances shall
apply with regard to permit compliance.

BMP Measurable Goals
a. Maintain adequate legal authorities Review and revise ordinances or other legal authorities, and
revise/update as necessary, or adopt any new ordinances or
other legal authorities designed to meet the objectives of the
Post-Construction Stormwater Management program.

b. Strategies which include
Stormwater Control Measures
(SCM)s appropriate for the MS4

Compliance with 15A NCAC 02H Section .1000 effectively
meets the Post-construction Stormwater Runoff control
requirements.
.

c. Plan reviews Conduct site plan reviews of all new development and
redeveloped sites.

d. Inventory of projects with post-
construction structural stormwater
control measures
Develop and maintain an inventory of projects with post-
construction structural stormwater control measures installed
and implemented at new development and redeveloped sites,
including both public and private sector sites located within
the permittee’s jurisdiction area that are covered by its post-
construction ordinance requirements.

e. Deed Restrictions and Protective
Covenants
Provide mechanisms such as recorded deed restrictions and
protective covenants that ensure development activities will
maintain the project consistent with approved plans.

BMP Measurable Goals
f. Long-term operation and
maintenance of structural
Stormwater Control Measures
(SCM)s.
Require an operation and maintenance plan for the long-term
operation of Stormwater Control Measures (SCM)s.

g. Inspections Conduct and document inspections of each project site
covered under performance standards, at least one time
during the permit term.

h. Educational materials and training
for developers
Make available through paper or 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 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. In order 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 Program that the permittee
will fully comply with the requirements of the second party’s post-construction programs.

c. Pursuant to 15A NCAC 2H .1050 MDC FOR ALL STORMWATER CONTROL
MEASUREs (SCM), the design volume of SCMs shall take into account the runoff at
build out from all surfaces draining to the system. Where streets “convey” stormwater,
all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to
the SCM including streets, driveways, and other impervious surfaces.

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 ultimate 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.

BMP Measurable Goals
a. Inventory of municipally
owned or operated facilities
Maintain, evaluate annually and update as necessary an inventory
of facilities and operations owned and operated by the permittee
with the potential for generating polluted stormwater runoff.

b. Identify and map municipally
owned or operated facilities
Identify and map municipally-owned or operated facilities. The
map shall identify the stormwater outfalls corresponding to each
of the facilities as well as the receiving waters to which these
facilities discharge. The map shall be maintained and updated
regularly and be available for review by the permitting authority.

c. Operation and Maintenance
(O&M) for municipally owned
or operated facilities
Maintain and implement, evaluate annually and update as
necessary an Operation and Maintenance (O&M) program for
municipal owned and operated facilities with the potential for
generating polluted stormwater runoff. The O&M program shall
specify the frequency of inspections and routine maintenance
requirements.

d. Spill Response Procedures for
municipally owned or operated
facilities

Maintain written spill response procedures for municipal
operations.

e. Streets, roads, and public
parking lots maintenance
Maintain and implement a program to reduce polluted stormwater
runoff from municipally-owned streets, roads, and public parking
lots.

f. Storm sewer system inspection
and maintenance program
Maintain an O&M program for the stormwater sewer system
including catch basins and conveyance systems the municipality
owns and maintains.

BMP Measurable Goals
g. Identify and map municipally
owned or maintained structural
stormwater controls
Identify and map municipally-owned or operated structural
stormwater controls.
h. O&M for municipally-owned
or maintained structural
stormwater controls
Maintain and implement, assess annually and update as necessary
an O&M program for municipally-owned or maintained structural
stormwater controls.

Document inspections and maintenance of all municipally-owned
or maintained structural stormwater controls.

i. Pesticide, Herbicide and
Fertilizer Application
Management.
Ensure municipal employees and contractors are properly trained
and all permits, certifications, and other measures for applicators
are followed.

j. Staff training Implement an employee training program for employees involved
in implementing pollution prevention and good housekeeping
practices.

k. Prevent or minimize
contamination of stormwater
runoff from all areas used for
vehicle and equipment
cleaning

Describe and implement measures that prevent or minimize
contamination of the stormwater runoff from all areas used for
vehicle and equipment cleaning.

SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs)

1. Objective of a Water Quality Recovery Program: Reduce levels of the pollutant
of concern in accordance with approved Waste Load Allocation (WLAs) assigned
to stormwater in an approved TMDL.

2. The Permittee shall comply with the requirements of an approved TMDL.

3. Within 12 months of the final approval of a TMDL, the permittee’s annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.

4. Within 24 months of the final approval of a TMDL, the permittee’s annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.

5. Within 36 months of the final approval of a TMDL, the permittee’s annual reports shall
include a description of activities expected to occur and when the activities are expected
to occur.

SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
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).

This special condition supplements or supersedes the following sections within Part IV of this permit
(Reporting and Record Keeping Requirements):

 Paragraph 1. Records
 Paragraph 2. Annual Reporting
 Paragraph 7. Report Submittals

1. Reporting Requirements [Supersedes Part IV, Paragraph 2.(a.) and(b.)] Note depending on
what EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)-(through (c)]?

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).

2. Electronic Submissions [Supplements Part IV, Paragraph 7.]

In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of
each electronic submission. The permittee shall be notified by NCDEQ at least six (6) months prior
to December 21, 2020, identifying the appropriate recipient for electronic submission. The
notification shall include instructions and the appropriate links for access.

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.gov/compliance/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 the 15th of the
month following the completed reporting period. The permittee must sign and certify all
electronic submissions in accordance with the requirements of Part IV, Paragraph 7. (c.) of this
permit.

3. 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

4. Records Retention [Supplements Part IV, Paragraph 1.]
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].

PERMIT NO. NCS000414

Part III Page 1 of 2

PART III PROGRAM ASSESSMENT

The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Permittee’s Stormwater Plan.

1. 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.

2. The permittee’s Stormwater Plan will be reviewed and updated 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. The permittee must
submit annual reports to the Department within twelve months from the effective date of this
permit. Subsequent annual reports must be submitted every twelve months from the scheduled
date of the first submittal. 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 as a whole. 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 in light of the
Stormwater Plan.

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.

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Part III Page 2 of 2

3. 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
7(c) 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.

4. The Division may request additional reporting information as necessary to evaluate the progress
and results of the permittee’s Stormwater Plan.

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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

1. The permittee will submit reporting and monitoring information on an annual basis. The
annual report shall document:

a. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
c. Planned activities and changes for the next reporting period, for each program
component or activity.
d. Fiscal analysis.

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 III,
paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting
[g.s. 143-215.1(b)] of this permit
3. Completion and submittal of the reporting information contained within the online BIMS
Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5,
Part IV, paragraph B 3 (c) and Part II Section I, Electronic Reporting [g.s. 143-215.1(b)]
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
III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic
Reporting [g.s. 143-215.1(b)] of this permit.

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
PERMIT NO. NCS000414

Part IV Page 2 of 2

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 give advance notice to the Director of any planned modifications to the
Stormwater Plan. Notice of any changes is required at least through the annual report. Notice
shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or
the modification could significantly change the timeframe for implementation of parts of the
program or negatively influence the effectiveness of the approved program.

G. Report Submittals

1. All reports required herein, not submitted electronically shall be submitted to the
following address:

Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612

2. 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;
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
c. The written authorization is submitted to the Director.

3. 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."

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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
$37,500 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 II 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).

PERMIT NO. NCS000414

Part V Page 2 of 5

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 l43-2l5.3, l43-2l5.6A, 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 l43-2l5.75 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 $l0,000 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.
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Part V Page 3 of 5

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 $l0,000 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.
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Part V Page 4 of 5

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.

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SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS

l. 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, Mining, and Land
Natural Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the
Federal Act.

THIS PAGE INTENTIONALLY BLANK

PERMIT NO. NCS000414

Part VI Page 1 of 1

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 2H .0100; and North Carolina General Statute 143-215.1 et. al.

THIS PAGE INTENTIONALLY BLANK

PERMIT NO. NCS000414

Part VII Page 1 of 1

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 2H
.0105(b)(4) may cause this Division to initiate action to revoke the permit.

THIS PAGE INTENTIONALLY BLANK

PERMIT NO. NCS000414

Part VIII Page 1 of 5
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 non-structural BMP).

3. Built-upon Area

"Built-upon area" or "BUA" has the same meaning as in G.S. 143-214.7.

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

A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:

 In separate stages
 In separate phases
 In combination with other construction activities

It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts,
permit application, zoning request, or computer design) or physical demarcation (including but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.

It can include one operator or many operators.

6. Department

Department means the North Carolina Department of Environmental Quality.

7. Division (DEMLR)

The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.

8. Director

The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.

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Part VIII Page 2 of 5
9. EMC

The North Carolina Environmental Management Commission.

10. Illicit Discharge

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.

11. Industrial Activity

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.

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15. Minimum Design 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 G.S. 143-214.1.

16. Municipal Separate Storm Sewer System (MS4)

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 Discharge Categories

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, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting 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
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
PERMIT NO. NCS000414

Part VIII Page 4 of 5
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" has the same meaning as in G.S. 143-214.7.

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. 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.

25. 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.

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26. Stormwater Control Measures (SCM)

"Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a
permanent structural device that is designed, constructed, and maintained to remove pollutants from
stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by
promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination
thereof.

27. 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 II regulations to be developed by MS4
permittees.

28. 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.

29. Stormwater Runoff

The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.

30. 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.