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HomeMy WebLinkAboutNCS000240_FINAL PERMIT_20070604STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. �j L„� DOC TYPE Ef FINAL PERMIT ❑ ANNUAL REPORT . ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER /�,o 0,-? o YYYYMMDD North Carolina Department of Environment and Natural Resources Division of Water duality � _ '' "* crtvrrcurvmtrti. � 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 ...1� �. - .m ,.,.�y Zrr. Mcasurable Goals I e � µYR it ^ , �YRt� 4t .., r Y YRir r �YR' i✓ rt't'.y'`r (7 4.{CA .�{{: TN L"'� .{A. f „!{i�� V...- l g;1�` y''Y° �.tEFM-] A' y"�y �`t� "Y ' l7.,. ,b.'.I.w.'�* 3;'.. i". ..,?.,t: is i,.I£r. .' 4. 3. _.Y Ji 1�,S-8. Yra4Y1 (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 ' ? �' BMi' >.5� yam' _ 'Fi .. Tr Measuralile Goals 7 �lr�,"' 1 '9yl k' Y R YR rYR (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; �1.5 u,,,� s ;1� zMeasurabie G♦o'a15 � 1' R �'rk ' a,. u -.��y ff i wwitl `I�'�'1'S r, _ YR '� YIt YIZ c Y Z"YR�ti IJ r �:. �i jY, i_ia �� 1, f y4 �� jf 3� [ i =p ''iY Y� t}y h {:+rd. °�� °x, )1 � if 4 3 F �rv•J i`r.r t ��J .r r .. ,_.,,...,E.���k��� <5i ,> > ati.; r� ,. . n'`2 ,. (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 1M., b 0 Goals W N- H:� =YR� YR�, YR �YR YR 'A-- -NNN- -� dIfk. (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 'i;,, G,k,.13MtF�easuralle 'f � '�:}.�a rn +y r ks ,x_:, d s ws� ,�>>sy'N+� Goalsr� �'lt cYR raYR �i1 �;`YRYRYR. r n _ �,r .4��� (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. t4 xfBMP'' ; th� ,�11Teasurable4GoalskYR�YR �`,5M ni.. }. C 4 i �..34j1 ��YR� FYR YRt i TV �. . 2.., 3 s- s, � . , (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 �'.i L'CTA'1 �+ if �AY f iP �, � y:Y � , �. '� tlM S� .?d...�. '�jyIu'i_ - .Ia 'S lY - 'V �: Yg �i — x Ww'✓ Syi,:e"' 0. ',4" TI' 1A., � E Measurable Goals f^`YR�Y12 Fb 5y �) I�t •.',5� N, r f1'a'�vIf' i�4rv^,,• vtIS.�'�. Y3` .}�h X'' ?-5-. .l 1 tr ice, 1 y�", _"^ft -G'A.:r i �YR r+ JI �� r YR'� rA,� t Y.i 'YR .. '5Sr. (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. P •.13MP' "� z Mcasuralilc Goslsf "" ' °ate YR" ` YR 1'R YRv YR ,.x_1:Ta ,+ z i a 41 t5_ (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 :c.F- t3+- +� s X R� r v-a ,��, u�t ��a ,13MP , s ; 'P 1:r '"4.-� '"� oy,,.t- r cr �_'� ia - Ier �. �x � _ f�• ,� �� Measuraiale Goa!,,, a�.r.$'4R.��S�' 47c,��" 7 YRyjYR 1�;My� yi �j�,�'s•;A.� T '"'! 6 F YR tYR+ t t� •+[; 4 L �':: 1'R,. �r �� � ti:�-i.. e "�_�., .;� pr 'tif,?...'ti..'�.}. a7..a �,��y��i+., f�T i y�`A'1 _Z 1-.=� �.iY',e ti:jw •`� •���-:'ifr `Y, ak' .:.�5-i'.�t,a,! � .•Y._ A..f'.Jill j� 5��'�� 7•.n�F� + =�i�it1 �•.- j;'`+' Li��y a+ 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 B1VIP` •� �Measuralile Goals ?'�'�.k"� 1'R YR yYR YR (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 _%° -y�h4sf'7L �� �» �rK �= n'r�� �q�-�1Vleasurakile Goals -' ",._r tYR"Yit `r �YRr� S7ls 3YR` YR tl 1' ,r�' �, Alf J t' 1` f y 1_ 2 " F 3 . 1 4 5 (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 Z.. f { +� ' �.; 3 13MP sf. � limp .,. 4�h S ZyY { Y S % a i ti 3 Y j y Mcasrrr`able 6iS a J A R, YR� YR �-YI2F uJ jt,',it '4'st ? .f�:. r5 a . •Ix...32E.5. £'kY�ee rdi . r1 :47 y•"j'."i - i1hYJ'� re1t h. „�Y�g' S _ A, axJrF (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-` 3;A'} c w � Measuralilei oals �yTzJe-"=j" ._•,-- S'y'+ 3,} �YR� YR : i. YR . �rcc La - _ Yin �gIsY.d i"S y L (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 R, 4 ioi .PA _asurAlc ,,,!Y v 0.AY�.�. Rs�i �Y-� R 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. RYRYR.__Ls,.;:fdi. j 'Lai�t�";;•, �_.j°,:.=..w,.�.- .'., T.-,.,w z� (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