HomeMy WebLinkAboutNCS000240_FINAL PERMIT_20070604STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
�j L„�
DOC TYPE
Ef FINAL PERMIT
❑ ANNUAL REPORT .
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
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YYYYMMDD
North Carolina Department of Environment and Natural Resources
Division of Water duality � _ '' "* crtvrrcurvmtrti.
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Amn NATUFAL R2SOURCES
Michael F. Easley, Governor
June 4, 2007
James W. Schumacher, PE
City Engineer
City of Charlotte -Storm Water Services
600 East 4th Street
Charlotte, NC 28202
William G�,Ro�ss-Jr:; Secreiary,CNAL OFFICE
Coleen H. SuBirts, Director
JUN 0 7 2007
WATER QUALITY SECT101
Subject: NPDES Permit Number NCS000240
Dear Mr. Schumacher;
In accordance with your application for a stonnwater discharge permit, we are forwarding
herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-,21-5 . l` and the Memorandum of Agreement between North Carolina and the
US Envirommental Protection agency dated May 9, 1994 (or as subsequently amended).
Persons wishing to comment were invited to submit their comments in writing no later than May
4, 2007, All comments received prior to that date were considered in the final determination regarding
permit issuance.
In addition to comments from the City of Charlotte, our office received con-unents from the
Natural Heritage Program and the North Carolina Wildlife Resources Commission recommending more
stringent stormwater controls throughout the Sixmile Creek watershed. Sixmile Creek supports a
federally listed and endangered species — the Carolina heelsplitter mussel.
In 2005, federally mandated stonnwater discharge pennits were issued for a number of local
governments in the nearby Goose Creek watershed that also supports the carolina heelsplitter mussel.
Interest groups challenged the permits to communities in the watershed and contended that they were not
protective of the. heel splitter or its habitat. In review of this challenge an Administrative Law Judge and
the Environmental Management Commission (EMC) set specific management strategies to be
implemented in the Goose Creek watersheds while a Site Specific Management Strategy is under
development.
The EMC is currently reviewing this site -specific strategy for protection of the species and its
habitat in the Goose Creek Watershed area. The development of this Strategy is in accordance with the
FMC's rules and is itself a rulemaking procedure. The Sitc-Specific Management Strategy process will
include a public comment period, including a public -hearing in the watershed area. Because this process
is under way and will result in a comprehensive strategy for the long-term protection ultimately required
in the Goose Creek watershed, we feel that this is the appropriate venue for addressing issues of concern
in the Sixmile Creek watershed area.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX: 919-733.24961 Internet: h2o.enr,state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCaroiina
;Vaturtilly
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is
made, this decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which [may be required
by the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
I can assure you that we have made every effort to fully partner with the appropriate members of
your Department during the development of this permit. If you have any questions concerning this
pen -nit, please contact Mike Randall at telephone number 919/733-5083 ext. 545 or by e-mail at
rrike.randall@ticmail.net.
Sincerely,
>2-�-� />� A," -
Coleen K Sullins, Director
cc: Angie Rodgers, Natural Heritage Program
North Carolina Wildlife Resources Conunission
Mike Mitchell, USEPA Region IV
Central files
Stormwater and General Permit Unit Files
DWQ Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000240
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCIIARGE 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 Charlotte
is hereby authorized to discharge stormwater from their municipal separate stone sewer system located:
within the City of Charlotte Corporate Limits
Mecklenburg County
to receiving waters of the State, within the Catawba and Yadkin -Pee Dee River basins 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.
In addition, The City of Charlotte, is hereby authorized to operate, administer, and enforce Construction
Site Runoff Control and Post Construction Site Runoff Control Programs as required and specified by
this permit within the City's Extra Territorial Jurisdictional (ETJ) areas.
This permit shall become effective July 1, 2007.
This permit and the authorization to discharge shall expire at midnight on June 30, 2012.
Signed this day June 4, 2007.
>)-��� te-
Coleen Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000240
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 11: PROGRAM TO MONITOR AND CONTROL POLLUTANTS IN STORM WATER
DISCHARGES TO MUNICIPAL SYSTEMS.
SECTION 1: WATER QUALITY ASSESSMENT AND MONITORING
SECTION 3: WATER QUALITY RECOVERY PROGRAMS
SECTION K: THREATENED OR ENDANGERED SPECIES
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 VI [I DEFINITIONS
u
PERMIT NO. NCS000240
PART I PEI MI'): COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
City of Charlotte is authorized to discharge stormwater from the municipal separate storm sewer
system (MS4) to receiving waters of the State within the Catawba and Yadkin -Pee Dec River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
pennittee's Stormwater Management Program, herein referred to as the Stonnwater Plan. The
Stormwater Plan must detail the permittee's stormwater management program for the five-year
tern of the stonnwater pen -nit including, for each of the measure identified in the pennit, 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 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.
This permit does not relieve the pernaittee 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 stormwatcr from the MS4 that are
under the permittee's authority to control as described in the Division approved permittee's
Stormwater Plan. Requirements under this permit for Construction Site Runoff Controls and
Post Construction Site Runoff Controls also apply to the Pennittee's, Extra Territorial
Jurisdictional (ETJ) areas. The permit also applies to areas that seek coverage under this permit
through inter -local or other similar agreements with permittee. Agreements for coverage under
this permit must be approved by the Division of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and require
independent pen -nit coverage as deemed necessary. In addition, the pennittee may petition the
Division to revoke or deny coverage under this pen -nit for specific entities.
All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stonnwater Plan are incorporated by reference and are enforceable
parts of this permit.
7. To the extent allowable under State and local law, the permittee will develop and 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 City, to the extent allowable
under State or local law, effectively prohibit non-stormwater discharges to the City's MS4 and
that controls and management measures are implemented by the City to reduce the discharge of
pollutants from the municipal storm sewer system to the maximum extent practicable.
The permit requires the development and proper implementation of the Stormwater Plan. The
purpose of the Stonnwater Plan is to establish the means by which the permittee will achieve
compliance with the provisions of the Clean Water Act and state law. 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
Part I Page I of 2
PERMIT NO. NCS000240
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.
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 NPDES discharge permit 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 flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A NCAC 2H
.0200);
• 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
pennittee's Stormwater Plan.
Part I Page 2 of 2
PERMIT NO. NCS000240
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 practicable the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation, however, will be subject to, at a minimum, annual 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:
The Permittee will develop and implement a Water Quality Assessment and Monitoring Plan.
The Permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan. With
the exception of limitations established by acts of the General Assembly and the Constitution of
North Carolina the permittee will keep the Division advised of the status of development of
appropriate ordinances and legal authorities and will pursue these authorities in accordance with
the schedule outlined in the Stormwater Plan. Status of legal authority development will be
provided to the Division upon request, but at a minimum on an annual basis. If major
modifications are proposed in the time line for development of these authorities, the Division
will be notified of 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.
The Permittee will continue to locate and identify sources of non-stormwater discharge identified
as an illicit discharge under the Permittee's Illicit Discharge Detection & Elimination (IDDE)
Program.
4, The Pennittee will implement programs to detect and remove sources of illicit connections to the
municipal stone sewer system. These programs will include adopting ordinances under the
permittee's authority needed for inspection and enforcement.
5. The Pennittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, spills and illegal dumping into the MS4.
6. The Permittee will implement provisions of the Stormwater Plan to monitor and assess the
performance and effectiveness of program components. Monitoring results will be used by the
Permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. Results of the monitoring programs will be submitted to the Division.
Monitoring programs in the context of this permit are not limited only to conventional
monitoring in the form of sampling and analysis activities. Assessment of program
implementation established by the Stormwater Plan are also a part of this process. Sampling
activities are required as part of the monitoring process in accordance with the provisions
outlined in the Permittee's Stormwater Plan.
7. The implementation of education, training and outreach programs designed to reach the
Permittee's community and which explain the various impacts of stormwater runoff and how it
can affect surface water quality. These programs will address ways of removing potential
pollutants by emphasizing local involvement in recycling programs; proper disposal of hazardous
Page 1 of 23
PERMIT NO. NCS000240
materials and used motonoil; the proper use of herbicides, pesticides and fertilizers; and noticing
and reporting areas of potential pollution problems.
To the extent authorized by law, the permittee will implement a program to reduce pollution
from construction site runoff through site planning, education, training and inspection and
enforcement mechanisms.
To the extent authorized by law, the permittee will implement a post -construction site runoff
control program in accordance with the provisions of this permit to regulate new development
and redevelopment by requiring best management practices to protect water quality, to reduce
pollutant loading, and to minimize post -development impacts. This program will include
provisions for long-term operation and maintenance of BMPs.
10. The permittee will evaluate municipal operations owned and operated by the Permittee and
develop and implement an appropriate program for its municipal activities and ongoing operation
and maintenance of its municipal facilities to reduce the potential for stormwater pollution.
11. The permittee will implement inspection and monitoring programs for stormwater structures,
industrial activities and other areas of the stormwater system. These programs will include
provisions to assure compliance through enforcement capabilities.
12. Proposed modifications the Stormwater Plan must be submitted to the Director for approval.
13. The Division will review reports submitted by the Permittee to assure that the Stonnwater Plan is
developed and implemented appropriately to address the components outlined. The Division
may require modifications to any part of the City's Stormwater Plan where deficiencies are
found.
Page 2 of 23
PERMIT NO. NCS000240
SECTION B: PUBLIC EDUCATION AND OUTREACH
I. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. 13MPs 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.
- .- 'Al BMP 1
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(a) Identify target pollutants
Identify the target pollutant sources the
X
permittee's public education program is
designed to address and why they are an issue.
(b) Identify target audiences
Identify the target audiences likely to have
X
significant storm water impacts and why they
were selected.
(c) Informational Web Site
Promote and maintain internet web site.
X
X
X
X
X
Examples include, but are not limited to: Post
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(d) Develop and distribute
Develop general stormwater educational
X
X
X
X
X
public education
material to appropriate target groups as likely
materials to identified
to have a significant stormwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
permittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses.
available, when implementing its own
program.
(e) Media Campaign
Document campaign reach and frequency to
X
X
X
X
X
public for each public education & outreach
media, (including those elements
implemented by the Pennittee or through a
cooperative agreement). Types of public
education media may include, but not limited
to, newspaper articles, signagelbillboards,
newspaper advertisements, radio
advertisements, and/or television
advertisements.
Page 3 of 23
PERMIT NO. NCS000240
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(f) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
X
X
X
X
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following (but not
permit issue date.
limited to):
• Newspaper articles and/or inserts
• Kiosks and signage
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
• Public meetings
• Community events
• Contest
• Storm drain marking
• Stream and Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class roorn outreach
• Distributing promotional giveaways and
specialty items
• Brochures, displays, signs, welcome
packets, and pamphlets
• Local cable access
• Newsletters
For each media, event or activity, including
those elements implemented by the Permittee
or through a cooperative agreement measure
and record the extent of exposure.
Page 4 of 23
PERMIT NO. NCS000240
SECTION C: PUBLIC INVOLVEMENT AND PAIZTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the Division prior to modification of any goals.
BMP4 xp ,�4 3 x y;
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(a) Administer a Public
Develop and implement a Public Involvement
X
X
X
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (e) below,
(b) Allow the public an
Conduct at least one public meeting to allow
X
opportunity to review and
the public an opportunity to review and
comment on the
comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community involvement
stormwater related program designed to
program
promote ongoing citizen participation.
Examples include, sponsoring and
participating in Big Sweep, Forming
partnerships with local businesses, Adopt a
stream, Adopt a street, promoting volunteer
presentations, Creek crawls, storm drain
stenciling, and poster contest
(d) Establish a Mechanism
Established mechanism for public
X
X
X
X
X
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the stormwater
program.
(e) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
X
X
X
X
line
Page 5 of 23
PERMIT NO. NCS000240
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including preventable spills and illegal dumping
to the Permittee's MS4.
(b) Address significant contributors of pollutants to the MS4. The permittee may require
specific controls for a category of discharges, or prohibit that discharge completely, if
,one or more of these categories of sources are identified as a significant contributor of
pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a map showing the permittee's major MS4 outfalls to state waters receiving discharges.
(e) fiform employees, businesses, and the general public of hazards associated with illegal
discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs, to the extent authorized by law, to meet the
objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division
prior to modification of any goals.
BMP1�Ieasuralilc
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(a) Developllmplement Illicit
Develop and implement an IDDE Program
X
X
X
X
X
Discharge Detection and
including provisions for program assessment
Elimination (IDDE)
and evaluation.
Program
(b) Establish and maintain
Establish and maintain adequate ordinances
X
X
X
X
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved IDDE
Program.
(c) Develop a Storm Sewer
Map identifying major outfalls and
X
X
X
X
X
System Base Map and
stormwater drainage system components. At
Inventory of Major
a minimum, components include major
Outfall.
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update map of drainage system.
Page 6 of 23
PERMIT NO. NCS000240
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(d) Maintain an inventory of
Maintain an inventory of major outfalls that
X
X
X
major outfalls that
discharge to waters of the State. For each
discharges to waters of
major outfall identify the following:
the State
• location,.
• reference number,
• size and type of structure,
• apparent condition of structure
• dry -weather flow, and' .
• Either the SIC code or a description
which best reflects the principal products
or services provided by each commercial
or industrial facility with an industrial
activity permitted to discharge storm
water to the permittee's MS4 or those
commercial or industrial facility
identified as an illicit discharge under the
IDDE Program.
For the purposes of this permit, industrial
activities shall mean all permitted industrial
activities as defined in 40 CFR 122.26.
(e) Inspection/detection
Establish written procedures for detecting and
X
X
X
X
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the sources or reporting the sources
outfalls
to the State to be properly'pennitted.
(f) Employee Training
Conduct training for appropriate municipal
X
X
X
X
X
staff on detecting and reporting illicit
discharges.
(g) Provide Public Education
Inform public employees, businesses, and the
X
X
X
X
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(h) Establish a public
Establish and publicize reporting mechanism
X
X
X
X
X
reporting mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(i) Established procedures to
Establish procedures to identify and report to
X
X
X
X
X
identify and eliminate
the County health department failed septic
failed septic system and
systems located within the permittee's
sanitary sewer overflows.
planning jurisdiction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
Page 7 of 23
PERMIT' NO. NCS000240
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stonnwater runoff from construction 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.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control
practices, review of site plans which incorporates consideration of potential water quality
impacts, and procedures for site inspection and enforcement of control measures.
(c) A locally delegated program, that meets the state requirements and that covers the
jurisdictional area of the permittee complies with the required minimum measures of this
permit.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs, to the extent authorized by law, to meet the
objectives of the Construction Site Runoff Controls and shall notify the Division prior to
modification of any goals.
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(a) Erosion and Sediment
Implement a program requiring erosion and
X
X
X
X
X
Control Program
sediment controls at construction sites and
regulatory mechanism providing for sanctions
to ensure compliance.
(b) Develop requirements for
Require construction site operators to
X
X
X
X
X
construction site
implement erosion and sediment control
operators
BMPs and to control construction site wastes
that may cause adverse water quality impacts.
(c) Educational and training
Provide educational and training materials for
X
X
X
X
X
materials for construction
construction site operators. New materials
site operators
may be developed by the permittee, or the
permittee may use materials adopted from
other programs and adapted to the permittee's
construction runoff controls program.
(d) Plan reviews
Construction site plan reviews with
X
X
X
X
X
established procedures that incorporate water
quality considerations in the reviews.
Page 8 of 23
PERMIT NO. NCS000240
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(e) Public information
Established procedures for receipt and
X
X
X
X
X
consideration of erosion and sedimentation
information submitted by the public.
Publicized procedures and contact
information. The procedures must lead to a
site inspection or other follow-up action.
(f) Inspection and
Established procedures for -site inspection and
X
X
X
X
X
enforcement procedures
enforcement of control measure requirements.
The procedures should include prioritizing
areas of inspections based on local criteria.
3. 'Eminent Domain
For new development and redevelopment projects to be built within the permittee's planning jurisdiction
by entities with eminent domain authority, the permittee shall, to the maximum extent practicable,
coordinate the approval of the post -construction site runoff control with the Division of Water Quality of
DENR.
Page 9 of 23
PERMIT NO. NCS000240
SECTION F: • POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to the
MS4 and disturbs an acre or more of land surface, including projects less than an acre
that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The pennittee shall implement the following BMPs to meet the objectives of the Post -Construction
Stormwater Management Program.
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(a) Post -Construction
Develop and adopt by ordinance (or similar
X
X
X
Stormwater Management
regulatory mechanism) a program to address
Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the pennit issue
date.
(b) Strategies which include
Developed strategies that include a
X
X
X
BMPs appropriate for the
combination of structural and/or non-
MS4
structural BMPs implemented in concurrence
with (a) above. Provide a mechanism to
require long-term operation and maintenance
of structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified professional.
A qualified professional means an individual
trained and/or certified in the design,
operation, inspection and maintenance aspects
of the BMPs being inspected, for example,
someone trained and certified by NC State for
BMP Inspection & Maintenance.
(c) Establish nutrient
Develop, adopt, and implement an ordinance
X
X
X.
sensitive waters (NSW)
(or similar regulatory mechanism) to ensure
protection measures (for
that the best management practices reduce
programs with
nutrient loading to the maximum extent
development or
practicable. Develop and include a nutrient
redevelopment draining
application management program for both
to NSW waters)
inorganic fertilizer and organic nutrients to
reduce nutrient loading entering waters of the
State. In areas where the Environmental
Page 10 of 23
PERMIT NO. NCS000240
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Management Commission has approved a
Nutrient Sensitive Water Urban Stormwater
Management Program, the provisions of that
program fulfill the nutrient loading reduction
requirement.
(d) Establish a program
Coordinate with County health department to
X
X
X
under the Post-
control the known sources of fecal coliform
Construction minimum
from septic systems to the maximum extent
measure to control the
practicable. Implement within 24 months of
sources of fecal colifonn
the permit issue date.
to the maximum extent
practicable.
(e) Deed Restrictions and
Impose or require recorded deed restrictions
X
X
X
Protective Covenants
and protective covenants that ensure
development activities will maintain the
project consistent with approved plans.
{f) Operation and
Implement or require an operation and
X
X
X
Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural BMPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program, or the
maintenance inspections may be conducted
annually by the Permittee.
(g) Setbacks for Built -upon
Require built -upon areas to be located at least
X
X
X
Areas
30 feet landward of all perennial and
intermittent surface waters except as provided
for in the Pcrmittee's approved Post -
Construction Stormwater Ordinance. For
purposes of this section, a surface water shall
be present if the feature is shown on either the
most recent version of the soil survey map
prepared by the Natural Resources
Conservation Service of the United States
Department of Agriculture or the most recent
version of the I :24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the
United States Geologic Survey (USGS).
Relief from this requirement may be allowed
when surface waters are not present in
accordance with the provisions of 15A NCAC
02B .0233(3)(a).
Page 11 of 23
PERMIT NO. NCS000240
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(h) Educational materials and
Provide educational materials and training for
X
X
X
training for developers
developers. New materials may be developed
by the pennittee, or the pennittee may use
materials adopted from other programs and
adapted to the permittee's new development
and redevelopment program.
3. The evaluation of Post -construction Stormwater Management Program measures except as
provided in Paragraph 4 of this Section.
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-I) — 15A NCAC 213.0212.
(2) Water Supply Watershed II (WS-II) — 15A NCAC 2B.0214.
(3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215.
(4) Water Supply Watershed IV (WS-IV) — 15A NCAC 2B.0216.
(5) Freshwater High Quality Waters (HQW) — 1'5A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— ISA NCAC 2BA235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —
15A NCAC 213.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 213.0251.
(b) Model Practices. For those areas within the jurisdictional area of the permittee that are
not subject to the post -construction stonnwater management provisions of another
existing state stormwater management program, the perrnittee's Post -construction
Stormwater Management Program must equal or exceed the stonnwater management and
water quality protection provided by the following model practices.
(i) The pennittee may issue a local stormwater management permit to a
development or redevelopment project as either a low -density project or a high
density project.
(ii) A project may be permitted as a low -density project if it meets the following
criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(13) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
Page 12 of 23
PERMIT No. NCS000240
incorporated by the development to ensure that subsequent
development activities maintain the development (or redevelopment)
consistent with the approved plans.
{) A project with an overall density at or below the low -density
thresholds, but containing areas with a density greater than the overall
project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
(iii) A project not consistent with the requirements for a low density project may be
permitted as a high density project if it meets the following requirements:
(A) High -density projects must use structural stormwater management
systems that will control and treat runoff from the first one -inch of rain.
(B) Runoff volume drawdown time must be a minimum of 48 hours, but not
more than 120 hours;
(C) High -density projects must discharge the storage volume at a rate equal
to or less than the predevelopment discharge rate for the one-year,
24-hour storm.
(D) All structural stormwater treatment systems must be designed to achieve
85% average annual removal of total suspended solids;
(E) For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
(F) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in 15A
NCAC 21-1 .1008(c) or a locally approved stormwater management
manual;
(G) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and
(H) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent development
activities maintain the development (or redevelopment) consistent with
the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement comprehensive
watershed protection plans that may be used to meet part, or all, of the requirements for
post -construction stormwatcr management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use the
model ordinance developed by the Commission, may design its own post -construction
Page 13 of 23
PERMIT NO. NCS000240
practices based on the Division's guidance and engineering standards for best
management practices, or it may incorporate the post -construction model practices to
satisfy, in whole or in part, the requirements for post -construction stormwater
management.
(e) For new development and redevelopment projects to be built within the permittee's
planning jurisdiction by entities with eminent domain authority, the permittee shall, to
the maximum extent practicable, coordinate the approval of the post -construction site
runoff control with the Division of Water Quality of DENR.
4. The evaluation of Post -construction Stormwater Management Program measures for
streams supporting federally -listed threatened and endangered aquatic animal species
(a) The permittee's Post -construction Stormwater Management Program must equal or
exceed the stormwater management and water quality protection provided by the
following model practices.
(i) The permitter may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a high
density project.
(ii) A project may be permitted as a low density project if it meets the following
criteria:
(A) All built upon area shall be limited as described in Part II, Section F,
paragraph 4(b).
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(iii) A project not consistent with the requirements for a low density project may be
permitted as a high density project if it meets the following requirements:
(A) All built upon area shall be limited as described in Part II, Section F,
paragraph 4(b).
(B) The stormwater control measures must control and treat the difference
between the pre -development and post -development conditions for the 1-
year 24-hour storm. Runoff volume drawdown time must be a minimum
of 48 hours, but not more than 120 hours;
(C) All structural stormwater treatment systems must be designed to achieve
85% average annual removal of total suspended solids;
(D) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in 15A
Page 14 of 23
PERMITNO. NCS000240
NCAC 2H . ] 008(c) or a locally approved stormwater management
manual and,
(r) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(b). For streams supporting federally -listed threatened and endangered aquatic animal species
within the permittee's local government jurisdiction, the pennittee shall:
(i) Maintain two -hundred foot undisturbed buffers on perennial streams; one
hundred foot undisturbed buffers on intermittent streams; and a ten percent
impervious surface threshold for engineered stormwater management until a
comprehensive plan pursuant to Section K of this permit is adopted; or
(ii) The permittee shall comply with the conditions and management measures of the
site -specific comprehensive plan pursuant to Section K of this pen -nit when
adopted by the Environmental Management Commission.
(iii) Exceptions can be granted as provided in Session Law 2006-246.
Page 15 of 23
PERMIT NO. NCS000240
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The pennittee 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.
r��
BMP Y
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(a) Develop an operation and
Develop an operation and maintenance
X
X
X
X
X
maintenance program
program for structural stonnwater BMPs ,
storm sewer system maintenance which may
include street sweeping, and municipal
operations such as recycling and household
hazardous waste and oil collection.
(b) Develop Site Pollution
Develop and implement Site Pollution
X
X
X
X
Prevention Plan for
Prevention Plan for Municipal Facilities and
Municipal Facilities
activities owned and operated by the
permittee with the potential for generating
polluted stormwater runoff that has the
ultimate goal of preventing or reducing
pollutant runoff.
(c) Inspection and evaluation
Maintain an inventory of facilities and
X
X
X
X
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff, including the
BMPs.
MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of polluted
runoff, the storniwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, implement appropriate controls, and
document the accomplishment of corrective
actions.
(d) Conduct staff training
Conduct staff training specific for pollution
X
X
X
X
prevention and good housekeeping
procedures.
Page 16 of 23
PERMIT NO. NCS000240
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(e) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES stormwater
regulated industrial
permit owned and operated by the permittee.
activities
Review the following aspects. the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and the
results of inspections and subsequent follow-
up actions at the facilities.
(f) Spill Response
Establish spill response procedures for
X
X
X
X
Procedures
municipal operations owned and operated by
the permittee with the potential to generate
polluted stormwater runoff.
(g) Prevent or Minimize
Describe measures that prevent or minimize
X
X
X
X
Contamination of
contamination of the stormwater runoff from
Stormwater Runoff from
areas used for vehicle and equipment
areas used for Vehicle
cleaning, except for facilities that house three
and Equipment Cleaning
or fewer emergency response vehicles.
Perform all cleaning operations indoors, cover
the cleaning operations, ensure washwater
drain to the sanitary sewer system, collect
stormwater runoff from the cleaning area and
providing treatment or recycling, or other
equivalent measures. If sanitary sewer is not
available to the facility and cleaning
operations take place outdoors, the cleaning
operations shall take place on grassed or
graveled areas to prevent point source
discharges of the washwater into the storm
drains or surface waters. Minimize runoff
from individual emergency response vehicle
washing to the maximum extent practicable.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess porided
water shall be removed and properly handled
prior to removing the drain cover.
The point source discharge of vehicle and
equipment wash waters, including tank
cleaning operations, are not authorized by this
permit and must be covered under a separate
NPDES permit or discharged to a sanitary
sewer in accordance with applicable
industrial pretreatment requirements.
Page 17 of 23
PERMIT NO. NCS000240
SECTION H: PROGRAM TO MONITOR AND EVALUATE STORM WATER DISCHARGES
TO MUNICIPAL SYSTEMS.
1. Objective
Monitor and evaluate storm water discharges to the permittee's MS4 from hazardous waste
treatment, storage, disposal and recovery facilities, industrial facilities subject to Section 313 of
Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and industrial
facilities that the Permittee determines are contributing or have a potential to contribute a
substantial pollutant loading to the municipal storm sewer system.
2. BMPs
The permittee shall implement the following BMPs, to the extent authorized by law, to meet the
objective and shall notify the Division prior to modification of any goals.
BMP A »'' y1-`
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(a) Maintain an Inventory of
Maintain an inventory of 1) industrial
X
X
X
X
X
Industrial Sites
facilities that are subject to section 313 of
Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), 2)
commercial or industrial facilities identified
with an industrial activity permitted by a
separate NPDES permit for the facility to
discharge storm water to the permittee's MS4
and 3) commercial or industrial facilities -
identified as an illicit discharge under the
IDDE Program.
For the purposes of this permit, industrial
activities shall mean all pennitted industrial
activities as defined in 40 CFR 122.26.
(b) Inspection Program
Identify priorities and inspection procedures.
X
X
X
X
X
(c) Establish and Implement
For those commercial and industrial facilities
X
X
X
X
X
Control Measures
identified above, establish and implement
appropriate measures to evaluate storm water
discharges to the permittee's MS4. Measures
may include inspections and a monitoring
program to be developed and implemented by
the facility, including the submission of
quantitative data on the following
constituents: any pollutants limited in effluent
guidelines subcategories, where applicable;
any pollutant listed in an existing NPDES
permit for a facility; oil and grease, COD, pH,
BOD5, TSS, total phosphorus, total Kjeldahl
nitrogen, nitrate plus nitrite nitrogen, and any
Page IS of 23
PERMIT NO. NCS000240
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infonnation on discharges required under 40
CFR Sec. 122.21 (g)(7) (vi) and (vii).
For the purposes of this permit, industrial
activities shalt mean all permitted industrial
activities as defined in 40 CFR 122.26.
Page 19 of 23
PERMIT NO, NCS000240
SECTION l: WATER QUALITY ASSESSMENT AND -MONITORING
1. Objective for Water Quality Assessment and Monitoring
Evaluate the impacts on water quality.
2. BMPs for Water Quality Assessment and Monitoring
The permittee shall implement the following BMPs to meet the objectives of the Water Quality
Assessment and Monitoring Program and shall notify the Division prior to modification of any
goals.
01.
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(a) Water Quality
Develop a Water Quality Assessment and
X
Assessment and
Monitoring Plan to be submitted to DWQ
Monitoring Plan
within 12 months of the effective date of the
permit. The Plan shall include a schedule for
implementing the proposed assessment and
monitoring activities.
(b) Water Quality
implementation of the Water Quality
Implementation of the Water
Monitoring
Assessment and Monitoring Plan within 6
Quality Assessment and
months of receiving Plan approval from
Monitoring Plan within 6
DWQ. In accordance with the
months of receiving Plan
implementation schedule, the permittee shall
approval from DWQ
provide in subsequent annual reports a
summary of the assessment and monitoring
activities performed within the reporting
period.
(c) Revisions to the
The permittee shall review annually, amend as
X
X
X
X
Water Quality
appropriate and submit to DWQ for approval
Assessment and
the Water Quality Assessment and Monitoring
Monitoring Plan
Plan.
Page 20 of 23
PERMIT NO. NCS000240
SECTION J: WATER QUALITY RECOVER' PROGRAMS
1. Objective of a Water Quality Recovery Program
Reduce levels of the pollutant of concern in accordance with the assigned MS4 NPDES
regulated Waste Load Allocation (WLA) identified in the approved Total Maximum Daily
Loads (TMDLs).
2. - Requirements for a Water Quality Recovery Program
(a) Within 24 months of the effective date of this permit or of becoming subject to an
approved TMDL, the permittee shall establish a Water Quality Recovery Program,
identify the locations of currently known MS4 major outfalls within its jurisdictional
area with the potential of discharging the pollutant(s) of concern: to the impaired
segments, to their tributaries, and to segments and tributaries within the watershed
contributing to the impaired segments and develop a schedule to discover and locate
other MS4 major outfalls within its jurisdictional area that may be discharging the
pollutant(s) of concern: to the impaired stream segments, to their tributaries, and to
segments and tributaries within the watershed contributing to the impaired segments.
(b) Within 24 months of the effective date of this pen -nit or of becoming subject to an
approved TMDL the permittee shall develop a monitoring plan for each pollutant of
concern. The monitoring plan shall include the sample location by written description
and latitude and longitude coordinates, sample type, frequency, any seasonal
considerations, and a monitoring implementation schedule for each pollutant of concern.
The monitoring plan shall include in -stream and/or major outfall monitoring at locations
deemed necessary to support assessment of activities in the Water Quality Recovery
Program to address the MS4 NPDES regulated Waste Load Allocation (WLA) identified
in the TMDL. Where appropriate, the permittee may reduce the monitoring burden by
proposing to monitor in -stream sites and/or major outfalls that the Division would
consider substantially similar to other in -stream sites and/or major outfalls in the defined
TMDL watershed. "fhe monitoring plan shall be adjusted as additional in -stream sites
and/or major outfalls are identified in accordance with the schedule required in (a) above
and as accumulating data may suggest.
(e) The permittee shall include the location of currently known MS4 major outfalls with the
potential of discharging the pollutant(s)-of concern, and the schedule for discovering and
locating currently unknown MS4 major outfalls with the potential of discharging the
pollutant(s) of concern in the first annual report due no earlier than 24 months after the
applicability of a TMDL. The permittee shall include the monitoring plan in the second
annual report due no earlier than 24 months after the applicability of a TMDL.
(d) The next and each subsequent annual report after the development of the monitoring plan
shall include an assessment of the available data collected under the monitoring plan for
each pollutant of concern, and an assessment of the effectiveness of the BMPs employed,
to determine what, if any, additional BMP measures may be necessary to address the
MS4 NPDES regulated Waste Load Allocation (WLA) identified in the TMDL. The
permittee shall implement appropriate BMPs to control the MS4 NPDES WLA portion
of the pollutant load for the pollutant(s) of concern to the maximum extent practicable.
Implementation of the appropriate best management practices constitutes compliance
with the standard of reducing pollutants to the maximum extent practicable.
Page 21 of 23
PERMIT NO. NCS000240
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program and monitoring plan, the perrttittce shall incorporate any necessary
changes into the program and/or monitoring plan. The permittee shall incorporate the
approved TMDL Water Quality Recovery Program into the Stormwater Plan.
The permittee can identify the stream segments in the MS4 jurisdictional area subject to `I'MDL's by
referencing the 2004 Integrated 305(b) and 303(d) Report (or current version), available on the website
of the Division of Water Quality Modeling and TMDL Unit.
Page 22 of 23
PERMIT NO. NCS000240
SECTION K: THREATENED OR ENDANGERED SPECIES
Certain waters provide critical habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Dish and Wildlife Service or National Marine Fisheries
Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the water quality conditions, required to
sustain and recover federally listed threatened and endangered aquatic animal species,
contributes to the support and maintenance of a balanced and indigenous community of aquatic
organisms and thereby protects the biological integrity of the waters.
2. The permittee shall incorporate in their Stonnwater Management Plan site -specific stonnwater
management requirements for streams supporting federally -listed threatened and endangered
aquatic animal species required by site -specific management plans and schedules developed
under provisions of 15A NCAC 213.0110.
Page 23 of 23
PERMIT NO. NCS000240
PART III PROGRAM ASSESSMENT
The Permittee's reporting and monitoring activities in support of this permit will be sufficient to indicate
progress in implementation, effectiveness and results of the Stormwater Plan and individual components
of the program. The Division may request additional reporting and monitoring information as necessary
to assess the progress and results of the Permittee's Stormwater Plan.
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 stonnwater activities. Documentation will be kept on -file by the permittce for a period
of five years and made available to the Director or his authorized representative immediately
upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis. The permitter will submit a report of this evaluation and monitoring information to
the Division on an annual basis. This information will be submitted by September 30th of each
year and cover the previous year's activities from July 1" to June 30 of the pennittee's fiscal
year. The permittee's reporting and monitoring program will include appropriate information to
accurately describe the progress, status, and results of the permittee's Stormwater Plan and will
include, but is not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of the
Stormwater Plan. This will include information on development and implementation of
all components 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 infonnation 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 flan.
(f) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is not limited to, 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.
Part III Page 1 of 2
PERM IT NO. NCS000240
(g) The Permittee will provide information concerning areas of water quality improvement
or degradation. Depending on the level of implementation of the Stornwater Program,
this information may be submitted based on pilot studies, individual projects or on a
watershed or subwatershed basis.
The Director may notify the pennittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the pennittee will submit a plan
and time schedule to the Director for modifying the Storinwater Plan to meet the requirements.
The Director may approve the plan, approve a plait 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
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 assess the progress
and results of the permittee's Storinwater Plan.
Part III Page 2 of 2
PERMIT NO. NCS000240
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The pennittee 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.
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 perfonned 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
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ.
4. Twenty-four I -lour 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, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated tirne 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 portions of the permittee's Stormwater Plan, or for the entire Program,
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.
Part IV Page 1 of 2
PERMIT NO. NCS000240
Planned Changes
a) The pennittee 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 pennittee 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,
Report Submittals
(a) All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(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 enviromnental/stormwater
matters; and
(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 infonnation 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."
r
Part IV Page 2 of 2
PERMIT NO. NCS000240
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The pennittee must comply with all conditions of this permit to the extent authorized by law.
Any pcnnit noncompliancc'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 pennittee 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 pen -nit 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 pennit 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 1I violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(13) 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 11 penalty not to exceed $137,500).
Part V Page I of 6
PERMIT NO. NCS000240
2. Duty to Mitigate
The pennittee shall take reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
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 pen -nit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the pernuttce is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges; nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6
PERMIT NO, NCS000240
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
IL 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 (date). 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.
Part V Page 3 of 6
PERMIT NO. NCS000240
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
pennittce to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. 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 hot a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6
PERMIT NO. NCS000240
SECTION C: MONITORING AND RECORDS
1. 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 pennittee'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 143-215.63 ct. 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 must produce .
minimum detection and reporting levels and all data generated must 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 must be kept under the conditions of this permit;
(b) 1-lave access to and copy, at reasonable times, any records of the permittee that must 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
Part V Page 5 of 6
PERMIT NO. NCS000240
(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 perviittec.
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 pennit shall
be available for public inspection at the offices of the Division of Water Quality. 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 143-215.613 or in Section 309 of the Federal Act.
Part V Page 6 0£ 6
PERMIT NO. NCS000240
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director froth reopening and modifying the pennit,
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 2Id .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page I of 1
PERMIT NO. NCS000240
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee must pay the administering and compliance monitoring feewithin 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page I of I
PERMIT NO. NCS000240
PART VIII DEFINITIONS
Act
See Clean Water Act.
2. Hest 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
planting (see non-structural BMP).
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
lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" 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 (1).
(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.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Part V1II Page I of 5
PERIv IT NO. NCS000240
b. 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 net 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.
Department
Department means the North Carolina Department of Environment and Natural Resources
8. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Enviromnental 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.
Part VIII Page 2 of 5
PERMIT NO. NCS000240
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 stonn 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 city, or town,.(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 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 CIaR
122.2
Part V111 Page 3 of 5
PERMIT NO. NCS000240
16. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must 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 stone 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
Outfatl 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.
Part VIII Page 4 of 5
PERMIT NO. NCS000240
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. Storn Sewer Systern
Is a conveyance or system of conveyances which are designed or used to collect or convey
stonnwater 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 stormwatcr 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 Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
26. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons.
The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Part VIII Page 5 of 5