NCS000397_Newton NOV_20190424

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
City of Newton
Attn: Todd Clark, City Manager
401 North Main Avenue
Newton, NC 29658
NORTH CAROLINA
Environmental Quality
April 24, 2019
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0282)
City of Newton
NPDES MS4 Permit No. NCS000397
Catawba County
Dear Mr. Clark:
On December 11, 2018, staff from the Environmental Protection Ag®ncy (EPA) conducted it colnplia ce
audit of the subject National Pollution Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit. For your reference, a copy of the MS4 Program Inspection Report
issued by EPA is enclosed with this notice. This report lists and describes the violations of the MS4
permit conditions, which constitutes a violation of the Clean Water Act and is grounds for enforcement
action.
To address the MS4 permit noncompliance, the City is required to complete the following actions:
(1) The City Council shall adopt a resolution demonstrating support for a compliant stormwater
management program. A sample council resolution with the minimum requirements is enclosed
with this letter. The City shall have sixty (60) calendar days from the date of receipt of this
letter to submit an original signed resolution to DEQ.
(2) The City shall complete the following and submit documentation to DEQ for review and
comment within one hundred twenty (120) calendar days from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part H Section B: Public Education and Outreach; Section C,
Public Involvement and Participation; Section D: Construction Site Runoff Controls. The
self -audit must be documented utilizing the DEQ standard MS4 Permit Compliance
Audit Report template.
b. Develop a Stormwater Management Plan (SWMP) which details specific actions,
measurable goals, and implementation timelines to bring the stormwater management
program into compliance with NPDES MS4 requirements over a 5-year period. The
SWMP must be documented utilizing the DEQ standard Phase H MS4 SWMP template.
The SWMP must address all known compliance deficiencies including, at a minimum,
the items detailed in the DEQ MS4 Program Audit Report and the self -audit.
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
N(.1ViTH CAfi01 INA
919.707.9200

(3) The City shall submit an NPDES MS4 permit application within thirty (30) days of receiving
written DEQ concurrence that the submitted SWMP documents a compliant stormwater
management program. A new 5-year NPDES MS4 permit will be public noticed along with the
submitted SWMP. The City shall respond to public comments on the Draft SWMP and shall
submit a final SWMP for DEQ approval and final permit issuance. The final DEQ-approved
SWMP becomes an enforceable component of the NPDES MS4 permit.
All required documentation shall be submitted to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell, MS4 Program Coordinator
1612 Mail Service Center
Raleigh, NC 27699-1612
If the City fails to meet the aforementioned requirements and/or submits a significantly noncompliant
S WMP, DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25, 000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit [North Carolina
General Statute 143-21 S. 6A]. Please note that compliance with the requirements of this
NOV and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.
The City shall respond to this notice, in writing, within thirty (30) calendar days from the date of
receipt of this notice. The written response should include a plan of action to address items (1), (2), and
(3) outlined in this notice.
Thank you for your attention to this matter. Should you have any questions, please contact Jeanette
Powell at [phone] or [e-mail].
Sincerely,
1 S. Daniel Smith
Interim Director
Enclosures: EPA MS4 Program Inspection Report (December 11, 2018, City of Newton)
Sample Council Resolution
Copy of NPDES MS4 Permit No. NCS000397
cc: Sean Ireland, EPA
Randy Williams, City of Newton Planning Director
Zahid Khan, DEMLR Mooresville Regional Office
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
NPDES MS4 Permit File (Laserfiche)