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HomeMy WebLinkAboutNCS000587_2016 Final Permit_20160316 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000587 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 Statesville is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Statesville Jurisdictional Area Iredell County to receiving waters of the State, within theYadkin Pee Dee 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 November 11, 2016. This permit and the authorization to discharge shall expire at midnight on November 10, 2021. Signed this day March 16, 2016. for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000587 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: IMPAIRED WATERS SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION J: 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: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000587 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 City of Statesville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters of the State within the Yadkin Pee Dee River Basin. Such discharge will be controlled, limited and monitored in accordance with the Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall -year term of the stormwater permit including, for each of the measures 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. 2. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any 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 jurisdictional area of the permittee. The permit applies to jurisdictional areas 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 permittee shall implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. The specific requirements of section 402(p)(3)(B) of the Clean Water Act require that the permittee effectively prohibit non-stormwater discharges to the permittee's MS4 and that controls and management measures are implemented by the permittee to reduce the discharge of pollutants from the municipal storm sewer system to the maximum extent practicable. 8. The purpose of the Stormwater Plan is 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 PERMIT NO. NCS000587 Part I Page 2 of 2 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. 9. 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) 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 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; residential and charity car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the PERMIT NO. NCS000587 Part II Page 1 of 18 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 review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan. This includes, but is not limited to, the following areas: 1. The permittee shall maintain adequate legal mechanism, 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, 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 shall conduct an annual analysis of the capital and operation and maintenance expenditures needed, allocated, and spent as well as the necessary staff resources needed and allocated to meet the requirements of this permit, including any implementation and enforcement activities required. The analysis shall include estimated expenditures for the reporting period, the preceding period, and the next reporting period and be submitted with the annual report. Each analysis shall include a description of the source of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of such funds. 3. The permittees 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. 4. The permittee will implement provisions of the Stormwater Plan and assess the performance and effectiveness of the program components. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. 5. The permittee is required to keep the Stormwater Plan up to date during the term of the permit. 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 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 will 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 then 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 program. PERMIT NO. NCS000587 Part II Page 2 of 18 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 particular 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. PERMIT NO. NCS000587 Part II Page 3 of 18 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 that the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach Within 12 months of the effective date of the permit 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. Identify Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on at least three high priority community wide issues. b. Identify target pollutants and/or stressors The permittee shall maintain a description of the target pollutants and/or stressors and likely sources. c. Identify target audiences The permittee shall identify, assess annually and update as necessary target audiences likely to have significant storm water impacts and why they were selected. d. Identify residential and industrial/commercial issues The permittee shall identify and describe issues, such as specific pollutants, the sources of those pollutants, impacts on biology, and the physical attributes of stormwater runoff, in their education/outreach program. A minimum of three residential and three industrial/commercial issues should be targeted as part of the education/outreach program. e. Identify and describe watersheds in need of protection and the issues that may threaten the quality of these waters Where applicable, the education/outreach program shall identify and describe watersheds in need of protection and the issues that may threaten the quality of these waters. f. Develop an Informational Web Site The permittee shall promote and maintain, assess and update as necessary an internet web site. g. Distribute public education materials to identified target audiences and user groups. For example, schools, homeowners, and/or businesses. The permittee shall distribute, assess and update as necessary stormwater educational material to appropriate target groups in the target audience each year. 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. PERMIT NO. NCS000587 Part II Page 4 of 18 BMP Measurable Goals h. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline. The permittee may utilize an existing hotline/helpline so long as it also promotes stormwater concerns or may train staff to transfer calls to the stormwater administrator. i. Develop a Public Education and Outreach Program. program, including those elements implemented locally or through a cooperative agreement, shall include a combination of approaches that are most effective at reaching the identified target audiences based on data and information collected by the permittee. For each media, event or activity, including those elements implemented locally or through a cooperative agreement measure and record the extent of exposure. PERMIT NO. NCS000587 Part II Page 5 of 18 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 Within 24 months of the effective date of the permit 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. Provide the public an opportunity to review and comment on the Stormwater Plan The permittee shall conduct at least one public meeting during the term of the permit to allow the public an opportunity to review and comment on the Stormwater Plan. b. Provide and promote volunteer opportunities The permittee has provided and promoted volunteer opportunities as part of its stormwater program designed to promote ongoing citizen participation. c. Provide and promote a mechanism for Public involvement The permittee has provided and promoted a mechanism for public involvement that provides for input on stormwater issues and the stormwater program. The permittee may establish a stand-alone group or utilize an existing group or processes. d. Promote and maintain a Hotline/Help line The permittee has promoted and maintained a hotline/helpline. The permittee may utilize an existing hotline/helpline so long as it also promotes stormwater concerns or may train staff to transfer calls to the stormwater administrator. PERMIT NO. NCS000587 Part II Page 6 of 18 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 your small MS4. b. Maintain a storm sewer system map, showing the location of major outfalls and the names and location of waters of the United States that receive discharges from those outfalls; c. Effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water discharges except as allowed in this permit into your storm sewer system and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non-storm water discharges, including illegal dumping, to your system; 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 your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, 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, 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 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 Within 60 months of the effective date of the permit 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 develop an 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 Base Map of Major Outfalls. The permittee shall a map identifying major outfalls. At a minimum, components include major outfalls and receiving streams, and type of conveyance system (i.e., either closed pipe or open drainage). For closed pipe systems identify the pipe material, shape, and size. PERMIT NO. NCS000587 Part II Page 7 of 18 BMP Measurable Goals c. Detect dry weather flows The permittee shall develop a program for conducting dry weather flow field observations in accordance with a written field screening procedure for detecting and tracing the sources of illicit discharges and for removing the sources or reporting the sources to the State to be properly permitted. d. Investigations into the source of all identified illicit discharges. The permittee shall develop written procedures for conducting investigations into the source of all identified illicit discharges, including approaches to requiring such discharges to be eliminated. e. Track investigations and document illicit discharges The permittee shall 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. Employee Training The permittee shall develop 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. The training program shall identify appropriate staff, the schedule for conducting the training and the proper procedures for reporting and responding to an illicit discharge or connection. Follow-up training shall be provided as needed to address changes in procedures, techniques, or staffing. The permittee shall document and maintain records of the training provided and the staff trained. g. Provide Public Education The permittee shall develop a program to 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 develop a program to promote, publicize, and facilitate a reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. The permittee shall conduct reactive inspections in response to complaints and follow-up inspections as needed to ensure that corrective measures have been implemented by the responsible party to achieve and maintain compliance. i. Procedures to identify and report failed septic system. The permittee shall develop written procedures to identify and report to the County health department failed septic systems PERMIT NO. NCS000587 Part II Page 8 of 18 BMP Measurable Goals j. Procedures to notify the system operator of sanitary sewer overflows and sewer leaks. The permittee shall develop written procedures to notify the system operator of sanitary sewer overflows and sewer leaks. k. Enforcement The permittee shall develop implement a mechanism to 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. l. Spill response procedure The permittee shall develop written spill/dumping response procedures. PERMIT NO. NCS000587 Part II Page 9 of 18 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. The permittee relies on the Iredell County Sediment and Erosion Control Program to comply with this minimum measure. The Iredell County Sediment and Erosion Control Program effectively meets the requirements of the 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. This program is authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Admi nistrative Code. 2. The NCG010000 permit 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 meet the requirements of this paragraph. PERMIT NO. NCS000587 Part II Page 10 of 18 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. The program shall apply to private development sites and sites developed by the permittee, including public transportation maintained by the permittee. b. Implement strategies which include a combination of structural 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 BMPs. 2. BMPs for Post-Construction Site Runoff Controls Within 24 months of the effective date of the permit 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 of Energy, Mineral, and Land Resources, the post- construction ordinances shall apply with regard to permit compliance. BMP Measurable Goals a. Adequate legal authorities The permittee shall develop ordinances or other legal authorities, and revise/update as necessary, or adopt any new ordinances or other legal authorities to meet the objectives of the Post-Construction 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, and monitoring results, and other information deemed necessary to assess compliance with the Post-Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting 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. PERMIT NO. NCS000587 Part II Page 11 of 18 BMP Measurable Goals b. Strategies which include BMPs appropriate for the MS4 The permittee shall adopt the DEQ Stormwater BMP Design Manual or certify that the local BMP Design Manual meets or exceeds the requirements in the DEQ Stormwater BMP Design Manual. . 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 and discharge to the MS4 (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 specifically address how the project applicant meets the performance standards and how the project will ensure long- term maintenance. d. Inventory of projects with post- construction structural stormwater control measures The permittee shall 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 that are covered by its post-construction ordinance requirements. e. Deed Restrictions and Protective Covenants The permittee shall impose or require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require long-term operation and maintenance of structural BMPs. The permittee shall implement or require an operation and maintenance plan that ensures the adequate long-term operation of the structural BMPs required by this program. The operation and maintenance plan shall require the owner of each structural BMP to perform and maintain a record of annual inspections of each structural BMP. Annual inspection of permitted structural BMPs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are operating correctly and are being maintained as required consistent with its applicable maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy, the permittee shall conduct a post-construction inspection to verify that the The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. PERMIT NO. NCS000587 Part II Page 12 of 18 BMP Measurable Goals h. Educational materials and training for developers The permittee shall 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 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. 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 Department's Stormwater Best Management Practices Manual on scientific and engineering standards, 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 including public roads and public bridges maintained by the ermitee. 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 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 -construction programs. Public roads and public bridges maintained by the permitee shall minimize built-upon surfaces, divert stormwater away from surface waters as much as possible and employ other best management practices to minimize water quality impacts to the maximum extent practicable. c. Adoption of the Universal Stormwater Management Program (USMP) meets the requirement to develop and implement a Post-Construction Program by the local government adopting an ordinance that complies with the requirements of 15A NCAC 02H .1020 and the requirements of 15A NCAC 02B .0104(f). Adoption of the USMP may not satisfy water quality requirements associated with the protection of threatened or endangered species or those requirements associated with a Total Maximum Daily Load (TMDL). PERMIT NO. NCS000587 Part II Page 13 of 18 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 Within 60 months of the effective date of the permit 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 owned or operated facilities The permittee shall maintain, assess 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 The permittee shall 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 The permittee shall maintain and implement, assess annually and update as necessary an Operation and Maintenance (O&M) program for municipal owned and operated facilities. The O&M program shall specify the frequency of inspections and routine maintenance requirements. d. Spill Response Procedures for municipally owned or operated facilities The permittee shall have written spill response procedures for municipal operations. e. Streets, roads, and public parking lots maintenance The permittee shall evaluate BMPs to reduce polluted stormwater runoff from municipally-owned streets, roads, and public parking lots within their jurisdiction. Street sweeping and seasonal leaf pick-up must be included in this evaluation. PERMIT NO. NCS000587 Part II Page 14 of 18 BMP Measurable Goals f. Operation and Maintenance (O&M) for municipally - owned or maintained catch basins and conveyance systems The permittee shall develop an O&M program for the stormwater sewer system including catch basins and conveyance systems that it owns and maintains. g. Identify and map for municipally owned or maintained structural stormwater controls The permittee shall identify and map municipally-owned or operated structural stormwater controls. The map shall identify the stormwater outfalls corresponding to each structural stormwater control 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. h. O&M for municipally-owned or maintained structural stormwater controls The permittee shall develop an O&M program for municipally- owned or maintained structural stormwater controls. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain if necessary, all 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. i. Staff training The permittee shall develop an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize Contamination of Stormwater Runoff from all areas used for Vehicle and Equipment Cleaning The permittee shall describe measures that prevent or minimize contamination of thestormwater runoff from all areasused for vehicleand equipment cleaning. PERMIT NO. NCS000587 Part II Page 15 of 18 SECTION H: IMPAIRED WATERS For impaired waters the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) and describe the strategies and tailored and/or expanded BMPs in their annual reports. PERMIT NO. NCS000587 Part II Page 16 of 18 SECTION I: 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. 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. 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. include a description of activities expected to occur and when the activities are expected to occur within the remainder of the permit term. PERMIT NO. NCS000587 Part II Page 17 of 18 SECTION J: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] Starting on December 21, 2020, Federal regulations require electronic submittal of all reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit reports electronically to the Environmental Protection Agency (EPA). This special condition supplements or supersedes the following sections within Part IV of this permit (Reporting and Record Keeping Requirements): Section 1. Records Section 2. Recording Results Section 3. Annual Reporting Section 8. Report Submittals 1. Reporting Requirements [Supersedes Part IV Paragraph 3 (a) through (c)] Beginning in 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) to Request a Waiver fro below). 2. Electronic Submissions 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 should use U.S. E initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state 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 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 8(c), of this permit. PERMIT NO. NCS000587 Part II Page 18 of 18 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 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 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. NCS000587 Part III Page 1 of 2 PART III PROGRAM ASSESSMENT The Division may request additional reporting and monitoring information as necessary to assess the 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, monitoring and sampling, 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. annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness. The permittee shall implement a plan and schedule to address the identified modifications and improvements. The permittee shall submit annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee 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 (Public Education/Involvement, Illicit Discharges, Construction, Post-Construction, Good Housekeeping) 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. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. 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 permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. f. The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the previous 12 months. This summary will include, but is not limited to, an assessment of compliance with this permit, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program, and each significant activity/control measures or type of activity/control measure implemented. PERMIT NO. NCS000587 Part III Page 2 of 2 g. The Permittee will identify and track programmatic and site indicators to assess if the Stormwater Plan is meeting goals and objectives. 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 2 to the Director that the changes have been made. Nothing in this paragraph shall be construed to duct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and PERMIT NO. NCS000587 Part IV Page 1 of 3 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. 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. 2. Recording Results For each measurement, sample, inspection or activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information, including but not limited to: a. The date, location, description, and time of the sampling, measurements, inspection or activity; b. The individual(s) who performed the sampling, measurements, inspection or activity; c. The date(s) analyses were performed (if performed); d. The individual(s) who performed the analyses (if performed); e. The analytical techniques or methods used (if performed); and f. The results of such analyses (if performed). 3. Annual Reporting a. Reports submitted to satisfy other State Stormwater Reporting requirements satisfy the annual reporting requirements of this permit to the extent that the reports satisfies Part III, paragraph 2 (a) through (e) and Part IV, paragraph 3 (c) of this permit. b. The permittee will submit reporting and monitoring information on an annual basis. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) meets the annual reporting requirements of this permit. c. The annual report shall document: i. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. ii. A description of the effectiveness of each SWMP program component iii. Planned activities and changes for the next reporting period, for each SWMP program component or activity. iv. Fiscal analysis. 4. Twenty-four Hour Reporting a. 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. PERMIT NO. NCS000587 Part IV Page 2 of 3 b. 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. 5. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific 6. 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. 7. Planned Changes a. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity that may result in noncompliance with the permit requirements. b. 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. 8. Report Submittals a. All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environment Quality Division of Energy, Mineral, and Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 b. 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: i. The authorization is made in writing by a principal executive officer or ranking elected official; ii. 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 PERMIT NO. NCS000587 Part IV Page 3 of 3 iii. The written authorization is submitted to the Director. c. 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." THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000587 Part V Page 1 of 6 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 $27,500 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 $11,000 per violation with the maximum amount not to exceed $137,500. [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. NCS000587 Part V Page 2 of 6 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. PERMIT NO. NCS000587 Part V Page 3 of 6 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. PERMIT NO. NCS000587 Part V Page 4 of 6 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. PERMIT NO. NCS000587 Part V Page 5 of 6 SECTION C: MONITORING AND RECORDS l. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the Stormwater Plan or suitable representative sites and, unless otherwise specified, before the discharge joins or is diluted by any waste stream, body of water, or substance. The Director may request information justifying changes to sampling locations and sampling methods. At a minimum, information on such changes shall be reported in the permittee's annual report. The Director may require that certain changes in the sampling program be submitted for approval prior to implementation of the changes. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS l43-2l5.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures shall produce minimum detection and reporting levels and all data generated shall be reported down to the minimum detection or lower reporting level of the procedure. 4. 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 PERMIT NO. NCS000587 Part V Page 6 of 6 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. 5. 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. As required by the Act, analytical data shall not be considered confidential. 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. PERMIT NO. NCS000587 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. NCS000587 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. NCS000587 Part VIII Page 1 of 6 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 That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking - does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Calculation of Means (a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. (b) Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (l). (c) Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 5. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. PERMIT NO. NCS000587 Part VIII Page 2 of 6 6. 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. 7. Department Department means the North Carolina Department of Environment Quality 8. Division (DEMLR) The Division of Energy, Mineral and Land Resources, Department of Environment Quality. 9. Director The Director of the Division of Energy, Mineral and Land Resources, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. 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. 12. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. PERMIT NO. NCS000587 Part VIII Page 3 of 6 13. 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. 14. 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). 15. 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 PERMIT NO. NCS000587 Part VIII Page 4 of 6 16. 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, 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). 17. 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 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. 18. 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. 19. Permittee The owner or operator issued this permit. 20. 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. PERMIT NO. NCS000587 Part VIII Page 5 of 6 21. Redevelopment Means any rebuilding activity unless that rebuilding activity; (a) Results in no net increase in built-upon area, and (b) Provides equal or greater stormwater control than the previous development. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 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. PERMIT NO. NCS000587 Part VIII Page 6 of 6 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. 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.