NCS000481_Waiver Request Denial_20081112

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 12, 2008
Attn: Mayor Robert L. Smyre
113 W. Main Street
Maiden, North Carolina 28650
Dear Mayor Smyre;
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Subject: Request for Waiver
DWQ has reviewed the requirements of state laws and administrative rules, the rights of
the municipalities, and our mandate to protect public health and environmental quality. Based on
that review and a site visit to the Town of Maiden's (Town) on November 3, 2008, to evaluate
existing programs in place, DWQ is denying the Town request for a waiver from the requirements
applicable to municipalities that own or operate a municipal separate storm sewer system (MS4)
within an urbanized area. Under the conditions of the Town's NPDES Permit No. NCS000481,
effective December 1, 2005, the Town is required to administer the six minimum measures in their
permit.
Public Education and Outreach
The Town has developed and maintains a stormwater web site where they post newsletter
articles on stormwater, information on water quality, stormwater projects and activities, and ways
to contact stormwater management program staff. The Town also has distributed educational
materials to the community, conducted public outreach activities, and continues to raise public
awareness on the causes and impacts of stormwater pollution, and has informed the public on steps
they can take to reduce or prevent stormwater pollution.
Required Action: None
Public Involvement and Participation
The Town has provided opportunities for the public to participate in program development
and implementation. The Town of Maiden has a Stormwater Advisory Committee that meets twice
per year to discuss stormwater issues.
Required Action: None
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

Illicit Discharge Detection and Elimination
The Town has not established adequate legal authorities to prohibit illicit discharges and
enforce the approved Illicit Discharge Detection and Elimination Program.
Although the Town continues to detect and eliminate illicit discharges, including spills
and illegal dumping, the town has not implemented appropriate enforcement procedures and
actions.
DWQ staff was informed that the Town plans to provide training for employees on illicit
discharge.
While the web site provides some information for businesses and the general public of
hazards associated with illegal discharges and improper disposal of waste, the website should
provide more detailed information specific to illicit discharge detection and elimination. The
Town may choose to rely on other sources by linking their site to an appropriate website that
provides more detailed information on Illicit Discharge Detection and Elimination.
Required Action:
➢ Establish adequate legal authority to prohibit illicit discharges and enforce the
approved Illicit Discharge Detection and Elimination Program.
➢ Implement appropriate enforcement procedures and actions
➢ Provide training for employees on illicit discharge.
Recommended Action:
➢ Provide more detailed information on the town's website specific to illicit
discharge detection and elimination.
Construction Site Runoff Controls
The Town relies on Catawba County to comply with Construction Site Runoff Controls.
The Town does conduct random inspections of local land disturbing activities that have a sediment
and erosion control permit, issued by Catawba County and continues to monitor the Catawba
County program for effectiveness in the permittee jurisdiction. Potential problems at construction
sites with sediment and erosion control permits are reported to Catawba County and follow-up
action by Catawba County is monitored.
The Town must ensure all land disturbing activities that disturb less than an acre do not
impact water quality, including municipal construction and maintenance projects. Denuded areas,
erosion control for the site, and stabilization of the site must be documented. Although the Town
relies on the County for implementation of the Soil and Erosion control program, the state still
requires small MS4 to provide general awareness training on construction site stormwater
management to municipal staff and the general public, conduct random inspections within their
jurisdiction of construction sites greater than an acre and report their observations to the
implementing agency and ensure sites less than an acre within their jurisdiction are in compliance
with the soil and erosion regulations.

Required Action: None
Recommended Action:
➢ Develop a program to ensure sites less than an acre within the jurisdiction are in
compliance with the soil and erosion regulations.
Post -Construction Stormwater Control
The town has not developed by ordinance (or similar regulatory mechanism) a program to
address stormwater runoff from new development (due December 1, 2007). The ordinance must be
reviewed and approved by the DWQ prior to implementation. Pursuant to Session Law 2006-246,
any new development that cumulatively disturbs one acre or more of land located in the Town,
must comply with the standards set forth in Section 9 of Session Law 2006-246. Attached is a
copy of Session Law 2006-246.
The post -construction practices required by Session Law 2006-246 Section 9 shall not
apply to development conducted pursuant to one of the following authorizations, provided that the
authorization was obtained prior to July 1, 2007 and the authorization is valid, unexpired,
unrevoked, and not otherwise terminated:
A building permit pursuant to G.S. 153A-357 or G.S. 160A-417.
A site -specific development plan as defined by G.S. 153A-344.1(b)(5) and
G.S. 160A-385.1(b)(5).
A phased development plan approved pursuant to G.S. 153A-344.1 for a project, that
shows 1) For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and a
subdivision plan that has been approved pursuant to G.S. 153A-330 through
G.S. 153A-335 and 2). For any subsequent phase of development, sufficient detail so that
implementation of the requirements of Section 9 of this act to that phase of development
would require a material change in that phase of the plan.
A vested right to the development under G.S. 153A-344(b), 153A-344.1, 160A-385(b), or
160A-385.1 issued by a local government that implements Section 9 of this act.
A vested right to the development pursuant to common law.
The post -construction practices required by Session Law Section 9 shall not apply to
redevelopment. "Redevelopment" means any land -disturbing activity that does not result in a net
increase in built -upon area and that provides greater or equal stormwater control than the previous
development.
Required Action:
➢ Developed by ordinance (or similar regulatory mechanism) a program to address
stormwater runoff from new development.
➢ Pursuant to Session Law 2006-246, any new development that cumulatively
disturbs one acre or more of land located in the Town, must comply with the
standards set forth in Section 9 of Session Law 2006-246. Attached is a copy of
Session Law 2006-246.

Pollution Prevention and Good Housekeeping for Municipal Operations
The Town has not developed an operation and maintenance program that has the ultimate
goal of preventing or reducing pollutant runoff from municipal operations for the wastewater
treatment plant or the fleet maintenance facility. The town failed to document inspections at the
wastewater treatment plant, fleet maintenance facility, and the town's stromwater conveyance
systems. DWQ staff was informed that the town plans to provide training for employees specific
for pollution prevention and good housekeeping procedures.
The Town will need to seek coverage under the NPDES program for the Fleet
Maintenance facility. Coverage under the general permit, NCG08000, is applicable to all owners
or operators of stormwater point source discharges associated with activities that have vehicle
maintenance areas, including fueling, associated with activities classified Local and Suburban
Transit and Interurban Highway Passenger Transportation.
The Town will need to seek coverage under the NPDES program for their wastewater
treatment plant. Coverage under the general permit, NCGI 1000, is applicable to all owners or
operators of stormwater point source discharges associated Treatment Works treating domestic
sewage or any other sewage sludge or wastewater treatment device or system, used in the storage,
treatment, recycling, and reclamation of municipal or domestic sewage, with a design flow of 1.0
million gallons per day or more, or required to have an approved pretreatment program under Title
40 Code of Federal Regulations (CFR) Part 403, including lands dedicated to the disposal of
sewage sludge that is located within the confines of the facility; and like activities deemed by
DWQ to be similar in the process and/or the exposure of raw materials, products, by-products, or
waste materials.
Inspections and evaluations, training records and monitoring records were not available
for the Fleet Maintenance and Wastewater Treatment Facility. The Town must must develop and
implement a Stormwater Pollution Prevention Plan (SPPP) for that each municipal operation. It is
the Town's responsibility to ensure that any municipal operations that require an NPDES permit
implement a Stormwater Pollution Prevention Plan (SPPP) specific to that facility. Elements of the
SPPPs are spelled out in the permit.
Required Action:
➢ Developed an operation and maintenance program that has the ultimate goal of
preventing or reducing pollutant runoff from municipal operations for the
wastewater treatment plant or the fleet maintenance facility.
➢ Document inspections at the wastewater treatment plant, fleet maintenance
facility, and the town's stormwater conveyance systems.
➢ Provide training for employees specific for pollution prevention and good
housekeeping procedures.
➢ Apply for permit coverage for the Fleet Maintenance facility and the Wastewater
Treatment Facility.
➢ Develop and implement a Stormwater Pollution Prevention Plan (SPPP) for each
municipal operation. It is the Town's responsibility to ensure that any municipal
operations that require an NPDES permit implement a Stormwater Pollution
Prevention Plan (SPPP) specific to that facility.

• These violations and any future violations are subject to civil penalty assessment of up to
$25,000.00 per day for each violation. Please submit a Plan of Action that will bring the Town of
Maiden into compliance with their NPDES Permit within 45 days of receipt of this letter. These
violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per
day for each violation. If you have any questions concerning this decision or the post -construction
requirements in Session Law 2006-246, please contact me at 919-807-6374.
Sincerely,
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Mike Randall
Environmental Engineer
cc: Sam M. Schultz, Planning Director, Town of Maiden
Mooresville Raleigh Regional Office
Bradley Bennett. DWQ SPU Supervisor
Bill Diuguid, DWQ Planner
John Hennessy, DWQ Enforcement
Julie Ventaloro, DWQ Water Supply
Stormwater Permitting Unit
DWQ Central File