NCS000245_FINAL PERMIT_20130424

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
CS
DOC TYPE
FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
O�-� � � � � a�'%
❑
YYYYMMDD

lr
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John Skvarla
Governor Director Secretary
April 24, 2013
J. Russell Allen, City Manager 1
City of Raleigh
PO Box 590
Raleigh NC 27602 I�� mAY _ 1 2013 ,' i 1
Subject: NPDES Permit Number NCS000245 r
Dear Mr. Allen;
In accordance with your request to make minor changes to your NPDES Permit, NCS000245, we
are forwarding herewith the revised NPDES permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina
and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
This permit does not affect the legal requirements to obtain other permits which may be required
by the by the Division of Energy, Mineral, and Land Resources or any other Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at
mike.randall a,ncdenr.gov or by telephone number 919-807-6374.
Sincerely,
for Charles Wakild, P. E.
Director
cc: Central Files
Stormwater and General Permit Unit Files
DWQ Regional Office
':Vetiends and Stoimwafer Bunch
1617 N1a;l SQMCe Center, F.„,leirlh, Nr,rlh Carolina 27K,1-561?
�OcaliLir �17 N. f-lis'nury St. Ra'.jgh, i%jrth :; fo Ina 27604
Phone 919-Y-;7-c300'%FAX: 919-Rn7•En''t 1 Cnstr.imr :ieiv&. IA7'.673-6761
One
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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000245
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by.the North Carolina Environmental
Management Commission, and the Federal Water Pollution -Control Act, as amended,
City of Raleigh
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located
within the City of Raleigh's corporate limits to receiving waters of the State, within the Neuse River
Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I, 11, III, IV, V, VI, V I I and V i l l hereof.
In addition, The City of Raleigh 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 March 1, 2013.
This permit and the authorization to discharge shall expire at midnight on February 28, 2018.
Revised April 24, 2013, and signed this day April 24, 2013.
for Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

r A7iZA.
�NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
June 4, 2007
Danny Bowden, Stormwater Program Manager
City of Raleigh, Stormwater Management Division
P.O. Box 590
222 West Hargett Street
Raleigh, North Carolina 27602
Dear Mr, Bowden;
rji 1 JUN I 1 2007,
Subject: NPDES Permit Number NCS000245
In accordance with your application for a stormwater discharge permit, we are forwarding
herewith the subject state- NPDES pen -nit, This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the
US Environmental Protection agency dated May 9, 1994 (or as subsequently amended).
In 2005, federally mandated stormwater discharge permits were issued for a number of local
governments in the Goose Creek watershed that supports the caroling heelsplitter mussel. Interest groups
challenged the permits to communities in the watershed and contended that they were not protective of
the heelsplitter 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
development of this Strategy is in accordance with the FMC's rules and is itself a rulemaking procedure.
The Site -Specific Management Strategy process will include a public comment period, including a public
hearing in the watershed area. Because this process will result in a comprehensive strategy for the long-
term protection ultimately required, we feel that this is the appropriate venue for addressing issues of -
concern for streams supporting federally -listed threatened and endangered, aquatic animal species within
the permittee's local government jurisdiction.
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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]/ Internet: h2o.enr.state. nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
NorthCarolina
Awmallff

0 *
99
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 pen -nit 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
permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545 or by e-mail at
[e-mail].
Sincerely,
Colcen H. Sullins, Director
cc: Mike Mitchell, USEPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Raleigh Regional Office

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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000245
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management.Commission, and the Federal Water Pollution Control Act, as amended,
City of Raleigh
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the City of Raleigh Corporate Limits
Wake County
to receiving waters of the State, within the Neuse River Basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in farts I, 11, III, IV, V, VI, VIl and
VIII hereof.
In addition, The City of Raleigh 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 pen -nit shall become effective July 1, 2007.
This pennit and the authorization to discharge shall expire at midnight on June 30, 2012.
Signed this day June 4, 2007.
2
Coleen Sul Iin , Director
Division of Water Quality
By the Authority of the Environmental Management Commission

so 04
PERMIT NO, NCSOOOXXX
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 N: PROGRAM TO MONITOR AND CONTROL POLLUTANTS IN STORM WATER
DISCHARGES TO MUNICIPAL SYSTEMS,
SECTION 1: WATER QUALITY ASSESSMENT AND MONITORING
SECTION J: 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 V1I ADMINISTERING AND COMPLIANCE MONrroR.ING FEE
REQUIREMENTS
PART V1II DEFINITIONS
i

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PERMIT NO. NCS000245
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
City of Raleigh is authorized to discharge stormwater from the iunicipal separate storm sewer
system (MS4) to receiving waters of the State within the Neuse River Basin. Such discharge will
be controlled, limited and monitored in accordance with the permittee's Stormwater Management
Program, herein referred to as the Stor nwater Plan. The Stormwater Plan must detail the
permittee's expansion of its previously approved stonnwater management program as required
for the five-year term of the stormwater permit including, for each of the measures identified in
the permit, a narrative description of the program, a table that identifies each best management
practice (BMA) used, the frequency of the BMP, the measurable goals for each BMP, the
implementation schedule, funding and the responsible person or position for implementation.
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-stonnwater discharge or is covered by another permit, authorization,
or approval.
3. This permit does not relieve the pennittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
This permit covers activities associated with the discharge of stormwater from the MS4 that are
under the pennittee's authority to control within the jurisdictional area of the pennittee as
described in the Division approved permittee's Stormwater Plan. Requirements under this pennit
for Construction Site Runoff Controls and Post Construction Site Runoff Controls also apply to
the Pennittee's Extra Territorial Jurisdictional (ETJ) areas. The pen -nit 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 trust 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 permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
G. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
7. 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. 'fhe 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, as defined at Part VTII,
15 of this Permit, 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 practical.
8. The permit requires amendment and proper implementation of thepreviously approved
Stormwater Plan. The purpose of the Stormwater Plan is to establish the means by which the
pennittee will achieve compliance with the provisions of the Clean Water Act and state law.
Part I Page 1 of 2

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PERMIT NO. NCS000245
Compliance with the six minimum measures in 40 ChR § 122.34(b) and the additional provisions
of Session Law 2006-246 constitute compliance with the requirements of this permit, the Clean
Water Act and Session Law 2006-246 to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stonnwater 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 stornwater 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
permittee's Stormwater Plan after notice is provided to the permittee for the reasons
the discharge is no longer exempt.
Part I Page 2 of 2

09
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PERMIT NO. NCS000245
PART II FINAL.LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit.discharges, including spills and illegal dumping. The overall program
implementation, however, will be subject to, 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 continent
on these modifications as deemed necessary to assure appropriate implementation of the
Stormwater Plan.
3. The Permittee will continue to locate and identify sources of stonnwater discharges identified as
an illicit discharge under the IDDE Program.
4. The implementation of programs to detect and remove sources of illicit connections to the
municipal storm sewer system. These programs will include adopting ordinances under the
permittee's authority needed for inspection and enforcement.
The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, preventable spills and illegal dumping into the MS4.
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 pen -nit 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
Part 11 Page 1 of 19

09
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PERMIT NO. NCS000245
materials and used motor oil; the proper use of herbicides, pesticides and fertilizers; and noticing
and reporting areas of potential pollution problems.
To the extent authorized by law, the pernittee 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 pennittee will implement a post -construction site runoff
control program in accordance with the provisions of this permit to regulate development 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 and develop and implement an appropriate
program for municipal activities and ongoing operation and maintenance of municipal facilities
to reduce the potential for stormwater pollution.
11. The pennittec will implement inspection and monitoring programs for non -permitted 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 to the pennittec's existing Stornwater Plan must be submitted to the
Director for approval.
13. The Division will review reports submitted by the Permittee to assure that the Stormwater Plan is
amended 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.
Part II Page 2 of 19

go
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PERMIT NO. NCS000245
SECTION B: PUBLIC EI)UCA,riON AND OUI'REACII
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. - BMPs for Public Education and Outreach
The permittee shall maintain, and to the extent necessary modify, its implementation of 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.
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(a) Identify target pollutants
Identify the target pollutants and target
X
and target pollutant
pollutant sources the permittee's public
sources
education program is designed to address
and why they are an issue.
(b) Identify target audiences
Identify the target audiences likely to
X
have 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 materials
material to appropriate target groups as
to identified user groups.
likely to have a significant stonnwater
For example, schools,
impact. Instead of developing its own
homeowners, and/or
materials, the permittee may rely on state -
businesses.
supplied Public Education and Outreach
materials, as available, when implementing
its own program.
(e) Media Campaign
Document campaign reach and frequency to
X
X
X
X
X
public for each education and outreach
media (including those elements
implemented locally or through a
cooperative agreement). Types of public
education media may include, but not
limited to, newspaper articles,
signage/bii]boards, newspaper
advertisements, radio advertisements, and/or
television advertisements.
(f) Establish Hotline/Help
Maintain a stormwater hotline/helpline. -
X
X
X
X
X
line
Part II Page 3 of 19

00
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PERMIT NO. NCS000245
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(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented solely by the
Program and implement
permittee or through a cooperative
within 12 months of the
agreement, must include at least two of the
permit issue date.
following (but not limited to):
• Press releases, newspaper articles
and/or paid advertisement (i.e., 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 solely by the
permittee 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 solely by the
permittee or through a cooperative
agreement, must include at least three of the
following:
• News coverage
• Workshops and class room 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 solely by the
permittee or through a cooperative
agreement, measure and record the extent of
exposure.
Part I1 Page 4 of 19

00.
910.
PERMIT NO. NCS000245
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
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.
2. BMPs for Public Involvement and Participation
The permittee shall maintain, and to the extent necessary modify, its iriaplementation of 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.
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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 I-Iotline/lielp
Maintain a stormwater hotline/helpline..
X
X
X
X
X
line
Part II Page 5 of 19

09
040
PERMIT NO. NCS000245
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 pennittee's Major MS4 Outfalls to state waters receiving discharges.
(e) Inform cinployees, 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 maintain, and to the extent necessary modify, its implementation of 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.
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(a) Develop/Implement 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) Modify, as necessary and
Modify, as necessary and maintain adequate
X
X
X
X
X
maintain appropriate
ordinances or other legal authorities to
legal authorities
prohibit illicit discharges and enforce the
approved IDDE Program.
(c) Complete the
Map identifying Major MS4 Outfalls and
X
X
X
X
X
development of a Storm
stonnwater drainage system components. At
Sewer System Base Map
a minimum, components include Major MS4
and Inventory of Major
Outfalls and receiving streams. Established
MS4 Outfall.
procedures to continue to identify, locate, and
update map of drainage system.
Part II Page 6 of 19

6,0
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PERMIT NO. NCS000245
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(d) Maintain an inventory of
Maintain an inventory of Major MS4 Outfalls
X
X
X
Major MS4 Outfalls that
that discharges to waters of the State. For
discharges to waters of
each Major MS4 Outfall, identify the
the State
following:
• 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 pen nittee'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/detcction
Modify as necessary and maintain written
X
X
X
X
X
program to detect dry
procedures for detecting and tracing the
weather flows at MS4
sources of illicit discharges and for removing
outfalls
the sources or reporting the sources to the
State to be properly permitted.
(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) Modify as necessary and
Modify as necessary and maintain and
X
X
X
X
X
maintain a public
publicize reporting mechanism for the public
reporting mechanism
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. '
Part II Page 7 of 19

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PERMIT NO. NCS000245
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater 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 covering the jurisdictional
area of the permittee complies with the required minimum measures of this Section.
2. BMPs for Construction Site Runoff Controls
The permittee shall maintain, and to the extent necessary modify, its implementation of 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.
an'�l---*.".txR--*'"
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(a) Erosion and Sediment
Implemented 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.
(e) Public information
Establish 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.
Part 11 Page 8 of 19

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PERMIT NO. NCS000245 .
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(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.
Eminent Domain
For development projects to be built within the permittee's planning jurisdiction by entities exempted
from permittee's jurisdiction by N.C. Gen. Stat. § 1 13A-56, the pennittee shall, to the maximum extent
practicable, coordinate the'approvai of the post -construction site runoff control with the Division of
Water Quality of DENR.
Part II Page 9 of 19

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PERMIT NO, NCS000245
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from development 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. Post -construction Stormwater Management Program measures
(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-11) — 15A NCAC 2B.0214.
(3) Water Supply Watershed ILI (WS-1H) — 15A NCAC 213.0215.
(4) Water Supply Watershed W (WS-IV) — 15A NCAC 2B.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 21-1.1006,
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 2B.0235.
(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 2B.0251.
(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 stormwater 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
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 development projects to be built within the permittee's planning jurisdiction by
entities exempted frorn permittee's jurisdiction by N.C. Gen. Stat. § 113A-56, 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.
Part II Page 10 of 19

go
0
PERMIT NO. NCS000245
3. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to control the known sources of fecal coliform to
the maximum extent practicable.
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Establish a program under the
Establish procedures to identify and report to
X
X
X
X
Post -Construction minimum
the County health department failed septic
measure to control the
systems located within the permittee's plannin
sources of fecal coliform to
jurisdiction. Establish procedures to identify
the maximum extent
and report sanitary sewer overflows and sewer
practicable
leaks to the system- operator, Implement within
24 months of the permit issue date.
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 perrrittee may issue a local stormwater management permit to a .
development 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 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 11, 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 !-
year 24-hour storm. Runoff volume drawdown time must be a minimum
of 24 hours, but not more: than 120 hours;
Part I1 Page 11 of 19

09
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PERMIT NO. NCS000245
(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
NCAC 2H .I008(c); and,
(E) 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 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 permittee 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 pen -nit is adopted; or
(ii) The pennittee shall comply with the conditions and management measures of the
site -specific comprehensive plan pursuant to Section K of this permit when
adopted by the Environmental Management Commission.
(iii) Exceptions can be granted as provided in Session Law 2006-246,
Part 11 Page 12 of 19

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PERMIT NO. NCS000245
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 hlousekeeping for Municipal
Operations
The permittee shall maintain, and to the extent necessary modify, its implementation of 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.
�nBMj
h A
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�13 r� ?d.'!L..U't G'S�`.. .?�Ya:,Y'GkRY� m'"zSJ7%,.�r:'i�'*�^`
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(a) Develop an operation and
Develop an operation and maintenance
X
X
X
X
X
maintenance program
program for structural stormwater 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
X
Prevention Plan for
Prevention Plan for Municipal Facilities
Municipal Facilities
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
BM Ps.
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 stonmwater 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
X
prevention and good housekeeping
procedures.
Part II Page 13 of 19

00
00
PERMIT NO. NCS000245
a%}� f a r q 1+�t`P-; j,=hY
pt BMP �C14
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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 permittce.
activities
Review the following aspects: the Stonnwater
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
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
X
Contamination of
contamination of the stonnwater runoff from
Stormwater Runoff from
all areas used for vehicle and equipment
all areas used for Vehicle
cleaning. Perform all cleaning operations
and Equipment Cleaning
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.
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 ponded
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.
Part II Page 14 of 19

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PERMIT NO, NCS000245
SECTION 1-1: PROGRAM To MONITOR AND EVALUATE STORM WATER DISCHARGES
TO MUNICIPAL SYSTEMS.
1. Objective
Monitor and control pollutants in 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 Permitlee determines are contributing or have a potential to
contribute a substantial pollutant loading to the municipal storm sewer system.
1. BMPs
The permittee shall maintain, and to the extent necessary modify, its implementation of the
following BMPs to meet the objective and shall notify the Division prior to modification of any
goals.
i2j< Col rP"CT 7k�r z:i`.tr aT�1*4XI
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(a) Maintain an Inventory of
Maintain an inventory of permitted hazardous
X
X
X
X
X
Industrial Sites
waste treatment, disposal and recovery
facilities, industrial facilities that are subject
to section 313 of Title III of the Superfund
Amendments and Reauthorization Act of
1986 (SARA), and commercial or industrial
facilities identified with an industrial activity
pennitted to discharge stone water to the .
permittee's MS4 or 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,
(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
Evaluation Measures
identified above, establish and implement
appropriate measures to evaluuate storm
water discharges to the pennittees MS4,
including inspection, review of SWPPPs, and
review existing facility monitoring data which
may include 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, pl-1, BOD5, TSS, total
Part 11 Page 15 of 19

so
00
PERMIT NO. NCS000245
�))kv
phosphorus, total Kjeldahl�nitrogen, nitrateµ
plus nitrite nitrogen, and any information on
discharges required under 40 CFR See.
122.21(g)(7) (vi) and (vii).
For permitted facilities, the municipality shall
establish procedures for reporting deficiencies
and non-compliance to the permitting agency.
Where compliance with an existing industrial
stormwater permit does not result in adequate
control of pollutants to the MS4, municipality
will recommend and document the need for
permit modifications or additions to the
permit issuing authority.
For the purposes of this permit, industrial
activities shall mean all permitted industrial
activities as defined in 40 CFR 122.26.
Part II Page 16 of 19

Go so
PERMIT NO. NCS000245
SECTION 1: WATER QUALITY ASSESSMENT AND MONITORING
Objective for Water Quality Assessment and Monitoring
Evaluate the impacts on water quality.
BMPs for Water Quality Assessment and Monitoring
The permittee shall maintain, and to the extent necessary modify, its implementation of 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.
°' �`��„ 'M✓�r '`��'.
Measurable Goals {*
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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 montlis 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 flan
Plan.
Part 11 Page 17 of 19

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PERMIT NO. NCS000245
SECTION J: WATER QUALITY RECOVERY PROGRAMS
Objective of a Water Quality Recovery Program
Reduce Ievels of the pollutant of concern in accordance with approved Waste Load
Allocation (WLA) assigned to the permittee's stormwater in an 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 for existing WLAs or of becoming
subject to a WLA for stormwater in an approved TMDL, the permittee shall establish a
Water Quality Recovery Program, based on the permittee's WLA in which permittee will
identify the locations of currently known Major MS4 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 Major MS4 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 36 months of the effective date of this permit for existing WLAs or of becoming
subject to a WLA for stormwater in an approved TMDL the permittee shall develop a
monitoring plan for each pollutant of concern based on the permittee's WI.A. The
monitoring plan shall include the sample location by verbal description and latitude and
longitude coordinates, sample type, frequency, any seasonal considerations, and a
monitoring implementation schedule for each pollutant of concern. Where appropriate,
the permittee may reduce the monitoring burden by proposing to monitor outfalls that the
Division would consider substantially similar to other outfalls. The permittee may also
propose in -stream monitoring where it would complement the overall monitoring plan.
The monitoring plan shall be adjusted as additional outfalls are identified in accordance
with the schedule required in (a) above and as accumulating data may suggest.
(c) Based on the permittee's WLA, the pernittee shall include the location of currently
known Major MS4 Outfalls with the potential of discharging the pollutant(s) of concern,
the schedule for discovering and locating currently unknown Major MS4 Outfalls with
the potential of discharging the pollutant(s) of concern, and the monitoring plan, in the
first annual report due no earlier than 12 months after the applicability of a TMDL.
(d) The next and each subsequent annual report shall include an assessment of the available
data for each pollutant of concern, in the permittees WLAs 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.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program and monitoring plan, the permittee shall incorporate any necessary
Part II Page 18 of 19

00 �► �®
FLRM11 NO. NCS000245
changes into the program and/or monitoring plan to achieve compliance with the WLAs
assigned to the permittee. The permittee shall incorporate the approved TMDL Water
Quality Recovery Program into the Stormwater flan,
SECTION K: THREATENED Olt ENDANGERED SPECIES
Certain waters provide critical habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Fish 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 Stormwater Management Plan site -specific stormwater
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 2B .0110.
Part 1I Page 19 of 19

00 eo..,
PERM I I NO. NCS000245
PART III PROGRAM ASSESSMENT
The Pennittee'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 stormwater activities. Documentation will be kept on -file by the permittee for a period
of five years and made available to the Director or his authorized representative immediately
upon request.
2. The penmittee's Stormwater Plan will be'reviewed and updated as necessary, but at least on an
annual basis. The pennittee will submit a report of this evaluation and monitoring information to
the Division on an annual basis. This information will be submitted by September of each year
and cover the previous year's activities from July 1 through June 30th. 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 information for the
proposed changes and how these changes will impact the Stormwater Plan (results,
effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan. In
addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the Stormwater
Plan throughout the year along with an assessment of what the data indicates in light of
the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the continued
financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the 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

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PERMIT NO. NCS000245
(g) The Permittee will provide information concerning areas of water quality improvement
or degradation. Depending on the level of implementation of the Stormwater Program,
this information may be submitted based on pilot studies, individual projects or on a
watershed or subwatershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 2
to the Director that the changes have been made. Nothing in this paragraph shall be construed to
limit the Director's ability to conduct enforcement actions for violations of this permit.
The Division may request additional reporting information as necessary to assess the progress
and results of the pernittec's Stormwater Plan.
Part III Page 2 of 2

00 00
PERMIT NO. NCS000245
PART IV . REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
2. Recording Results
For each measurement, sample, inspection or activity performed or taken pursuant to the
requirements of this permit, the permittee shall record the following information, including but
not limited to:
(a) The date, location, description, and time of the sampling, measurements, inspection or
activity;
(b) The individual(s) who performed the sampling, measurements, inspection or activity;
(c) The date(s) analyses were performed (if performed);
(d) The individual(s) who performed the analyses (if performed);
(e) The analytical techniques or methods used (if performed); and
(f) The results of such analyses (if performed).
3. Annual Reporting
The permitter will submit reporting and monitoring infonnation on an annual basis on forms
provided by the DWQ.
4. Twenty-four Huur 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 pern ittee 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 time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
5. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the perr ittce's Stormwater Plan, or for the entire Program.
G. 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.
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PERMIT NO. NCS000245
7. Planned Changes
a) The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity that may result in noncompliance with the permit
requirements.
b) The permittee shall give advance notice to the Director of any planned modifications to
the Stormwater Plan. Notice of any changes is required at least through the annual
report. Notice shall be given as soon as possible when deleting a provision of the
approved Stormwater Plan; or the modification could significantly change the timeframe
for implementation of parts of the program or negatively influence the effectiveness of
the approved program.
8. Report Submittals
(a) All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environment 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 information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. 1 am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
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PERMIT NO. NCS000245
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit to the extent authorized by law.
Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or denial
of permit coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of S2,500 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 122.4 ] (a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class lI violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $137,500).
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PERMIT NO. NCS000245
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the pennittee 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 permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be ternporarily'suspended.
S. 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 pennittee shall also furnish to the Director upon request, copies of records required
by this permit.
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 pen -nit 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.
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PERMIT NO. NCS000245
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 changds or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The pcnnittee 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
pen -nit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit (date). Any permitte 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 Stonnwater Program development and implementation over the life of this pennit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
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PERMIT NO. NCS000245
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shalt 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
pennittee 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 pen -nit.
2. Need to halt or Reduce not a Defense
It shall not be a defense for a pennittee in an enforcement action that it would have been
necessary to halt or reduce the pennitted activity in order to maintain compliance with the
condition of this pen -nit.
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PERMIT NO. NCS000245
SECTION C: MONITORING AND RECORDS
Representative Sampling;
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken at the monitoring points specified in
the Stormwater Plan or suitable representative sites and, unless otherwise specified, before the
discharge joins or is diluted by any waste stream, body of water, or substance. The Director may
request information justifying changes to sampling locations and sampling methods. At a
minimum, information on such changes shall be reported in the permittee's annual report. The
Director may require that certain changes in the sampling program be submitted for approval
prior to implementation of the changes.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures 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 stonn 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 pen -nit;
(b) Have access to and copy, at reasonable times, any records of the pennittee 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
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PEI), IT NO. NCS000245
(d) Sample or monitor at reasonable times, for the purposes of assuring pen -nit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the pennittee.
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 tenns 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.
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PERMIT NO. NCS000245
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 21-1 .0100; and North Carolina General Statute 143-215.1 et. al.
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PERMIT NO. NCS000245
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC
214 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
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PERMIT NO. NCS000245
4
PART VIII
Act
See Clean Water Act.
Best Management Practice (BMP)
DEFINITIONS
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the farm of a process, activity, physical structure or
planning (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.
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).
(e) 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.
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PERMIT NO. NCS000245
6. Common Plan of Development or Sale
'Common plan of development or sale' shall be interpreted and implemented in a manner
consistent with the memorandum referenced as 'Guidance Interpreting Phase 11 Stonnwater
Requirements' from the Director of the Division of Water Quality of. the Department of
Environment and Natural Resources to Interested Parties dated 24 July 2006.
Deprtment
Department means the North Carolina Department of Environment and Natural Resources
Development
"Development" means any land -disturbing activity that increases the amount of built -upon area
or that otherwise decreases the infiltration of precipitation into the soil.
Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stonnwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 pennit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
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P1:RM IT NO. NCS000245
13. Large or Medium Municipal Separate Stonn Sewer System
All municipal separate stone 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 MS4 Outfall")
Major municipal separate storm sewer outfall (or "Major MS4 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 stone 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 CFR
122.2
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PERMIT NO. NCS000245
16. Non-stormwater Discharge Cate mories
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 frorn 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 arc excluded from the definition of illicit discharge and only need to be
addressed where they are identified as significant sources of pollutants to waters of the United
States).
17. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention. . - -
is. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
19. Permittee
The owner or operator issued this permit.
20. Point Source Discharge of-Storrnwater
Any discernible, confined and discrete conveyance including, but not specifically lirnited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
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*PERMIT NO. NCS000245
21, Redevelopment
"Redevelopment" means any land -disturbing activity that does not result in a net increase in
built -upon area and that provides greater or equal stormwater control than the previous development.
22. Representative Storm l vent
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred.
A single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
23. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey storrwater runoff.
24. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
25. Stormwater 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 waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons.
The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Part VIII Page 5 of 5

,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental 'Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E„ Director
January 13, 1995
Mark Senior
Engineering Department
City of Raleigh
P.O. Box 590 F
Raleigh, NC 27602
Subject:
Dear Mr. Senior:
/,4iv /8 \
S U
Permit No. NCS000245
City of Raleigh F
Wake County
In accordance with your application for a Municipal NPDES Stormwater discharge permit
received on May 17, 1993, we are forwarding herewith the subject state NPDES permit. This permit
is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency
dated December 6, 1983. A letter responding to specific issues related to this permit is attached.
If any parts, measurement frequencies or monitoring 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.
Please take notice this permit is not transferable_ Part II, E.3, addresses the requirements to
be followed in case of change in ownership or control of this discharge.
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, State or Local governmental permit
that may be required.
If you have any questions concerning this permit, please contact Bradley Bennett at telephone
number 919/733-5083.
Sincerely,
ea, 15�
A. Preston Howard, Jr., P.E.
cc: Mr. Jim Patrick, EPA
LRaleigKRegiorwaI�Office
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper /I

Z
State of North Cana O
Department of Environment,
Health and Natural Resources 0
Division of Environmental Management
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
January 13, 1995
Mark Senior
Engineering Department
City of Raleigh
P.O. Box 590
Raleigh, NC 27602
Dear Mr. Senior:
This letter is to clarify some of the issues raised by the city of Raleigh concerning the draft
municipal separate storm sewer system permit. We have reviewed information presented by the
city, including discussions at our January loth meeting. We believe that we have addressed all of
your questions with the changes made to the finalized permit.
The first issue raised concerned the inclusion of a definition of "municipal storm sewer system" in
the permit's definition section. To address this, the Division has added definition #14 in Part II
Section A of the permit. The definition added is consistent with the definition of a municipal
separate storm sewer system found in the EPA regulations.
Your second issue related to the wording in the permit (Part I, Section A, Paragraph 1) that
indicated that the permit covered "activities" rather than discharges. We agree that the wording in
the permit can be confusing and note that the requirements of the municipal stormwater permits
are to permit the discharge of pollutants from the municipal storm sewer system. In order to
control the discharge of pollutants, the permit conditions require that activities contributing
pollutants to the storm sewer system are regulated. We agree with your suggestions for modifying
this language, and have reworded this paragraph to try and clarify this issue. It should be noted,
however, that this does not really change the intent of the permit, since the main emphasis of the
permit has always been the implementation of the city's stormwater quality management program
to effectively control activities that contribute pollutants to the storm sewer system.
In the same paragraph of the permit, we have also added wording to indicate that the city's
stormwater program is to be implemented throughout the jurisdictional area to the extent allowable
by local and statutory authorities. This wording was added to address your concerns that some
programs could not be fully implemented in the city's ETJ areas because the city does not have the
same authorities there. Our intent under the municipal permits has always been that cities would
implement their stormwater management programs to the maximum extent possible under their
authorities. It is apparent that there are some areas (ETJ) that the cities have some control over
through planning and land use controls, but lack the statutory authority to fully control stormwater
discharges. The permit should not be interpreted to require that cities are responsible for
implementing and enforcing requirements where they have no statutory authority to do so.
The last change (also in paragraph 1 of Section A) involves rewording of the language associated
with potential interagency agreements for stormwater control. Your comments on changes here
were very helpful and we feel that the wording in the finalized permit continues to allow for
appropriate interagency stormwater management while also clarifying the intent.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

w
Mark Senior
January 13, 1995
Page 2
I have attached a short document that responds to other comments received on the municipal
NPDES stormwater permits for your review. If you have any questions or need additional
information, please contact me at [phone].
Sincerely,
Bradley Bennett
Nonpoint Source Planning Group
A

0 1 0
Permit No. NCS000245
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
The City of Raleigh
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
Within the City of Raleigh
Wake County
to receiving waters within the Neuse River Basin
in accordance with limitations and controls, monitoring requirements and other conditions set forth in Parts I, 1I,11I and IV
hereof.
This permit shall become effective January 15, 1995
This permit and the authorization to discharge shall expire at midnight on June 30, 1999
Signed this day 1' 13 Iq 5
:2. -&�
A. Preston Howard, Jr., P.E., Director
U Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NSCO00245
PART 2
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Raleigh is authorized to discharge stormwater from the
municipal separate storm sewer system to waters of the Neuse River Basin. Such
discharge will be controlled, limited and monitored in accordance with the City of
Raleigh's Comprehensive Stormwater Management Program, herein referred to as the
"Stormwater Program". The Stormwater Program includes applicable components of the
City of Raleigh's municipal separate storm sewer system (MS4) NPDES permit
application, and their Stormwater Quality Management Plan, herein referred to as the
"SWQMP", and any approved modifications to the SWQMP.
(1) The permit requires the regulation of activities which influence potential
pollutant loads discharged from the MS4. The City of Raleigh must implement the
approved stormwater program to the extent authorized by statutory authority within
all jurisdictional areas of the City of Raleigh. The permit applies to discharges
from existing portions of the MS4 and future portions of the MS4 which may become
incorporated into the city as well as discharges from other MS4s when the governing
bodies of those systems seek coverage under the permit through inter -local or
similar agreements with the City of Raleigh. Agreements for coverage under this
permit must be approved by the Division of Environmental Management, herein referred
to as the Division.
(2) The Division may deny or revoke coverage under this permit for separate
entities and require independent permit coverage as deemed necessary. In addition,
the City of Raleigh may petition the Division to revoke or deny coverage under this
permit for specific entities.
(3) The permit authorizes the point source discharge of stormwater runoff from the
municipal storm sewer system. In addition, discharges of non-stormwater are also
authorized through the municipal storm sewer of the City of Raleigh if such
discharges are:
(a) Permitted by, and in compliance with, an independent 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;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential 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 city's Stormwater Program.
Page l

• .
Permit No. NSC000245
(4) The City of Raleigh will implement, manage and oversee all provisions of its
Stormwater Program to reduce pollutants discharged from the municipal separate storm
sewer system. This includes, but is not limited to, the following areas:
(a) The City of Raleigh will develop and maintain adequate legal authorities to
implement all provisions of the Stormwater Program. The City of Raleigh
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 Program . 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 Program.
(b) The City of Raleigh's.Stormwater Program will be implemented and managed
such that the discharge of pollutants from the municipal storm sewer system
is controlled to the maximum extent practicable. It is anticipated that in
order to meet this provision, implementation of the Stormwater Program will
occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the
plan's implementation.
(c) The City of Raleigh will implement the appropriate components of the
Stormwater Program to assure that, to the maximum extent practicable, non-
stormwater discharges, illicit connections, spills and illegal dumping into
the municipal storm sewer system are prohibited.
(d) The City of Raleigh will implement provisions of the Stormwater Program as
appropriate to monitor and assess the performance of the various management
measures that are a part of the Stormwater Program. This will include, but
is not limited to; the provisions of Part 1 Section C of this -permit and
the applicable provisions of the City of Raleigh's Stormwater Program.
(e) The City of Raleigh will maintain adequate funding and staffing to
implement and manage the provisions of the Stormwater Program.
(f) The City of Raleigh will implement appropriate education, training and
outreach programs to support the objectives of this stormwater discharge
permit and the City's Stormwater Program. .'
(5) The Division will review reports submitted by the City of Raleigh to assure
that the Stormwater Program is being developed and implemented appropriately to
address the components outlined. such reports will be submitted in accordance with
the schedule outlined in Section C of this Part. The Division may require
modifications to any part of the City's Stormwater Program where deficiencies are
found.
Page 2

• Permit No N 4 SC0002 5
Under the authority of section 402(p) of the Clean water Act and implementing
regulations 40 CFR Part 122.26, North Carolina General Statutes 143-215.1 and
implementing regulations 15A NCAC 2H .0100 and in accordance with the approved
Stormwater Program, all provisions contained and referenced in the Stormwater
Program are an enforceable part of this permit.
The City of Raleigh will develop and implement its approved stormwater Program 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 effectively
prohibit non-stormwater discharges to the City's storm sewer system and that
controls and management measures are implemented by the City to reduce the discharge
of pollutants from the storm sewer system to the maximum extent practical. In
addition to the components outlined in Section A of this part, the City of Raleigh's
Stormwater Program will include, but is not limited to, the following components:
1) The City of Raleigh will complete all wet weather sampling of representative
outfalls that was originally a component of the Part 2 municipal application.
The collection and analysis will be performed and reported to the Division as
expeditiously as possible, but in any case no later than the first annual
report.
2) The City of Raleigh will pursue appropriate legal authorities and develop
necessary local ordinances to administer all components of the Stormwater
Program. Status of legal authority development will be provided to the
Division upon request, but at a minimum on an annual basis.
3) The City of Raleigh will continue to locate and identify additional sources of
stormwater discharge not previously identified in the permit application
process. This will include the location and characterization of major outfalls
from the municipal stormwater system and of any activities or facilities
discharging to the municipal system that were not previously located but are
expected to contribute pollutants to the municipal storm sewer system.
4) The City of Raleigh will implement management programs as specified in the
SWQMP to control the discharge of pollutants from its storm sewer system
associated with stormwater runoff from commercial, residential, industrial and
construction areas and pollutants from non-stormwater discharges. These
programs will be implemented on a priority basis as determined and outlined by
the City of Raleigh in the SWQMP. 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 Program. Components of the specific SWQMP programs
will include, but are not limited to:
(a) The implementation of education, training and outreach programs designed
to reach all areas of the City of Raleigh'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 materials and used motor oi; the proper use
of herbicides, pesticides and fertilizers; and noticing and reporting
areas of potential pollution problems.
(b) The implementation of programs to address the contribution of pollutants
to the storm sewer system from commercial and residential areas
including planning, monitoring, education and operation and maintenance
activities.
(c) The implementation of programs to detect and remove sources of illicit
connections to the municipal storm sewer system and to remove sources of
non-stormwater discharge. These programs will include development of
legal authority and ordinances needed for inspection and enforcement
procedures.
Page 3

•
i
Permit No. NSC000245
(d) The implementation of 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.
(e) The implementation of programs to reduce pollutants from construction
sites through site planning, education, training and inspection and
enforcement mechanisms.
The approved SWQMP along with all provisions and approved modifications of the
SWQMP are incorporated by reference and are enforceable parts of this permit.
(5) The City of Raleigh will implement monitoring efforts as outlined in the
Stormwater Program to prioritize areas of the program and to assess the
effectiveness of program components. These monitoring results will be used by
the City of Raleigh 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 according to the provisions of Section C of this
Part.
(5) 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, use of programs established by the
Stormwater Program, etc. 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 Stormwater Program. The Division will work with the
City of Raleigh to establish specific criteria for these sampling activities in
the form of parameters to sample for and frequency of sampling. When finalized
and approved by the Division, these criteria will become part of this permit
and will be enforceable.
(7) 180 Days prior to the expiration date of this permit the City of Raleigh will
submit a review of the Stormwater Program development and implementation over
the life of this permit. In addition, the review will include the status of
programs and a description of further program development to be implemented
over the future permitting time period.
Page 4

Permit No. NSCO00245
SECTION C: STORMWATF.R_PROGRAM REPORTING AND MONITORING REQUIREMENTS
The City of Raleigh's reporting and monitoring activities in support of this permit
will be sufficient to indicate progress in implementation, effectiveness and results
of the Stormwater Program 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 City of Raleigh's Stormwater Program.
(1) The City of Raleigh's Stormwater Program will be reviewed and updated as
necessary, but at least on an annual basis. Implementation of the Stormwater
Program will include documentation of all program components that are being
undertaken including, but not limited to, monitoring and sampling, inspections,
maintenance activities, educational programs, implementation of BMPs and
enforcement procedures. Documentation will be kept on -file by the City of
Raleigh for a period of five years and made available to the Director or his
authorized representative immediately upon request.
(2) The Director may notify the City of Raleigh when the Stormwater Program does
not meet one or more of the requirements of the permit. Within 30 days of such
notice, the City of Raleigh will submit a time schedule to the Director for
modifying the Stormwater Program to meet minimum requirements. The City of
Raleigh will provide certification in writing (in accordance with Part II,
Standard Conditions, Section B, #10) to the Director that the changes have been
made.
(3) The City of Raleigh will submit reporting and monitoring information on an
annual basis. This information will be submitted by August 31st of each year
and cover the previous year's activities from July 1st to June 30th. The City
of Raleigh's reporting and monitoring program will include appropriate
information to accurately describe the progress, status and results of the
City's Stormwater Program and will include, but is not limited to, the
following components:
(a) The City of Raleigh will give a detailed description of the status of
implementation of the Stormwater Program. This will include information
on development and implementation of all components of the Stormwater
Program for the past year and schedules and plans for the year following
each report.
(b) The City of Raleigh will adequately describe and justify any proposed
changes to the Stormwater Program. This will include descriptions and
supporting information for the proposed changes and how these changes
will impact the Stormwater Program (results, effectiveness,
implementation schedule, etc.).
(c) The City of Raleigh will document any necessary changes to programs or
practices for assessment of management measures implemented through the
Stormwater Program. In addition, any changes in the cost of, or funding
for, the Stormwater Program will be documented.
(d) The City of Raleigh will include a summary of data accumulated as part
of the Stormwater Program throughout the year along with an assessment
of what the data indicates in light of the Stormwater Program. Where
established in the City of Raleigh's Stormwater Program that monitoring
programs will be developed in the initial stages of the permit, the City
of Raleigh will provide information on the status of program development
and, as appropriate, include detailed information on the monitoring
programs established.
(e) The City of Raleigh 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
Program.
(f) The City of Raleigh will provide a summary of activities undertaken as
part of the Stormwater Program throughout the year. This summary will
Page 5

Permit No. NSCO00245
include, but is not limited to, information on the establishment of
appropriate legal authorities, inspection, maintenance and enforcement
actions, continued inventory and review of the storm sewer system, and
results of education, training and illicit connections programs
(g) The City of Raleigh will provide information concerning areas of water
quality improvement or degradation. Depending on the level of
implementation of the Stormwater Program, this information may be
submitted based on pilot studies, individual projects or on a watershed
or subwatershed basis.
(4) The Director may request reporting information on a more frequent basis as
deemed necessary either for specific portions of the City of Raleigh's
Stormwater Program, or for the entire Program.
Page 6

PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 USC 1251, et. seq.
- u_r-•'l{�r r �4►
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the United States. BMPs also include treatment
requirements, operation procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
Liquid raw materials, manufactured products, waste materials or by-
products with a single above ground storage container having a capacity
of greater than 660 gallons or with multiple above ground storage
containers having a total storage capacity of greater than 1,320
gallons.
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.
ONEMEr �. e_
The period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period
that reasonably represents the calendar day may be used for sampling.
The rainfall runoff from or through any coal storage pile.
Page 7

0 '0
� flu . i . •
The Division of Environmental Management, Department of Environment,
Health and Natural Resources.
8. Director
The Director of the Division of Environmental Management, the permit
issuing authority.
�
The North Carolina Environmental Management Commission.
Any substance designated under 40 CFR Part 116 pursuant to Section 311
of the Clean Water Act.
Any discharge to a separate storm sewer system (including municipal
separate storm sewers) that is not composed entirely of stormwater
except discharges pursuant to a NPDES permit and discharges determined
to be incidental flows not significantly impacting water quality in
accordance with Part I Section A (3)(b) of this permit.
12. Landf_il1
A disposal facility or part of a disposal facility where waste is placed
in or on land.and which is not a land treatment facility, a surface
impoundment, an injection well, a hazardous waste long-term storage
facility or a surface storage facility.
.� • 11'• 4i u• �� � .yp - 'll
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.
Page 8

A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-
made channnels and storm drains):
a. owned or operated by a State, city, town, borough', county, parish,
district, association, or other public body (created by or pursuant
to State.Law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater, or other wastes, including special districts
under State Law such as sewer district, flood control district or
drainage district, or similar entity, or Indian Tribe or an
authorized Indian tribal organization, or a designated and approved
management agency under section 208 of the CWA that discharges to
waters of the United States;
b. desined 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 at 40CFD 122.2.
is. Q ttall
A point source discharge as defined in this section as the point where
the source discharges to waters of the state.
16. Overburden
17.
Any material of any nature, consolidated or unconsolidated, that
overlies a mineral deposit, excluding topsoil or similar naturally -
occurring surface materials that are not disturbed by mining operations.
The owner or operator issued this permit.
Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, or concentrated animal
feeding operation from which pollutants are or may be discharged to
waters of the state.
A storm event that is between 0.2 and 0.8 inches of rainfall and which
has a duration of greater than 3 hours and that is preceded by at least
72 hours in which no storm event measuring greater than 0.1 inches has
occurred.
Page 9

The fraction of total rainfall that is not infiltrated into or otherwise
retained by the soil, concrete, asphalt or other surface upon which it
falls that will appear at the conveyance as runoff.
Containment for the contents of the single largest tank within the
containment structure plus sufficient freeboard to allow for the 25-
year, 24-hour storm event.
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of
the Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of
1986;
b. Is present at or above threshold levels at a facility subject to SARA
title III, Section 313 reporting requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in appendix A of 40 CFR part 122 on either Table II
(organic priority pollutants), Table III (certain metals, -
cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section
311(b)(2)(A) of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic
water quality criteria.
Includes, but is not limited to: raw materials; fuels; materials such as
solvents, detergents, and plastic pellets; finished materials such as
metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any
chemical the facility�is required to report pursuant to section 313 of
Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with
stormwater discharges.
Includes, but is not limited to: releases of oil or hazardous substances
in excess of reportable quantities under section 311 of the Clean Water
Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref:
40 CFR 302.4).
Page 10

25. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used -to
collect or convey stormwater runoff that is not part of a combined sewer
system or treatment works. This can include, but is not limited to,
streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
•tea. - ;.�• �
The flow of water which results from precipitation and which occurs
immediately following rainfall or as a result of snowmelt.
The discharge from any point source which is used for collecting and
conveying stormwater and which is directly related to manufacturing,
processing or raw material storage areas at an industrial site. The
term does not include discharges from facilities or activities excluded
from the NPDES program. For the categories of industries identified in
(a) through (j) of this definition the term includes, but is not limited
to, stormwater discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw materials,
manufactured products, waste material, or by-products used or created by
the facility; material handling sites; refuse sites; sites used for the
application or disposal of process wastewaters; sites used for the
storage and maintenance of material handling equipment; sites used for
residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw
materials, and intermediate and finished products; and areas where
industrial activity has taken place in the past and significant
materials remain and are exposed to stormwater. For the categories of
industries identified in (k), the term includes only stormwater
discharges from all areas listed in the previous sentence (except access
roads) where material handling equipment or activities, raw material,
intermediate products, final products, waste material, by-products, or
industrial machinery are exposed to stormwater. Material handling
activities include the: storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate Product, finished
product, by-product or waste product. The term excludes areas located
on plant lands separated from the plant's industrial activities, such as
office buildings and accompanying parking lots as long as the drainage
from the excluded areas is not mixed with stormwater drained from the
above described areas. Industrial facilities (including industrial
facilities that are Federally or municipally owned or operated that meet
the description of the facilities listed in (a)-(k)) include those
facilities designated under 40 CFR 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in
"industrial activity":
a. Facilities subject to stormwater effluent limitations guidelines, new
source performance standards, or toxic pollutant effluent standards
Page 11

r:
under 40 CFR Subchapter N Parts 400 - 471 (except facilities which
are exempted under (k) of this definition);
Y
b. Facilities classified as Standard Industrial Classifications 24
(except 2434), 26 (except 265 and 267), 28, 29, 30, 311,'32, 33,
3441, 373;
c. Facilities classified as Standard Industrial Classifications 10
through 14 (mineral industry) including active or inactive mining
operations (except for areas of coal mining operations meeting the
definition of a reclamation area under 40 CFR 434.11(1)) and oil and
gas exploration, production, processing, or treatment operations, or
transmission facilities that discharge stormwater contaminated by
contact with or that has come in contact with, any overburden, raw
material, intermediate products, finished products, byproducts or
waste products located on the site of such operations; inactive
mining operations are mining sites that are not being actively mined,
but which have an identifiable owner/operator;
d. Hazardous waste treatment, storage, or disposal facilities, including
those that are operating under interim status or a permit under
Subtitle C of RCRA;
e. Landfills, land application sites, and open dumps that receive or
have received any industrial wastes (waste that is received from any
of the facilities described under this definition) including those
that are subject to regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal
scrapyards, battery reclaimers, salvage yards and automobile
junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
g. Steam electric power generating facilities, including coal handling
sites;
h. Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance
shops, equipment cleaning operations, or airport deicing operations.
only those portions of the facility that are either involved in
vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling and lubrication), equipment cleaning
operations, airport deicing operations, or which are otherwise
identified under (a)-(g) or (i)-(k) of this definition are associated
with industrial activity;
i. Treatment works treating domestic sewage or any other sewage sludge
or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic
sewage, including lands dedicated to the disposal of sewage sludge
that are located within the confines of the facility, with a design
flow of 1.0 mgd.or more, or required to have an approved pretreatment
program under 40 CFR part 403. Not included are farm lands, domestic
gardens or lands used for sludge management where sludge is
Page 12

beneficially reused and which are not physically located in the
confines of the facility, or areas that are in compliance with
section 405 of the CWA;
j. Construction activity including clearing, grading and excavation
activities except: operations that result in the disturbance of less
that five acres of total land area which are not part of a larger
common plan of development or sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which
are not otherwise included within (a)-(j) of this definition).
The precipitation event of a duration which will produce the maximum
peak rate of runoff for the watershed of interest resulting from a
rainfall event of an intensity expected to be equalled or exceeded, on
the average, once in ten years.
29. Total Flow
The flow corresponding to the time period over which the sample
collection occurs. The total flow calculated based on the size of the
area draining to the outfall, the amount of the built -upon surfaces
within the drainage area, and the total amount of rainfall occurring
during the sampling period.
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
a. Grab samples are individual samples collected instantaneously.
b. Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots
collected at a constant time interval, where the volume of each
aliquot is proportional to the flow rate of the discharge at the
time the sample is collected; or
(2) A time -weighted composite sample, which is a mixture of equal
volume aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a
series of grab samples, taken at intervals of no greater than 20
minutes for the entire storm event or the -first three hours of
the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
Page 13

32.
Vehicle rehabilitation, mechanical repairs, painting, fueling,
lubrication, vehicle cleaning operations, or airport deicing operations.
33. yisible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is
•being transported by water, air, gravity, or ice from its site of origin
which can be seen with the unaided eye.
34. Wastg Rile
Any noncontainerized accumulation of solid, nonflowing waste that is
used for treatment or storage.
35. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equalled or
exceeded, on the average, once in 25 years.
Page 14

•
0
The permittee must comply with all
permit noncompliance constitutes a
is grounds for enforcement action;
and reissuance, or modification; or
application.
conditions of this permit. Any
violation of the Clean Water Act and
for permit termination, revocation
denial of a permit renewal
a. The Clean Water Act provides that any person who violates a permit
condition is subject to a civil penalty not to exceed $25,000 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. Any person who violates a permit
condition may be assessed an administrative penalty not to exceed
$10,000 per violation with the maximum amount not to exceed $125,000.
[Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
b. Under state law, a daily civil penalty of not more than ten thousand
dollars ($10,000) 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]
C. Any person may be assessed an administrative penalty by the
Administrator for violating section 301, 302, 306, 307, 308, 318, or 405
of the Act, or any permit condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are
not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed
$125,000.
2.
The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood
of adversely affecting human health or the environment.
-M•. a T- "-
Except as provided in permit conditions on 'Bypassing' (Part II, C.3.),
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, 143-215.6B, 143-215.6C or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee
is responsible for consequential damages, such as fish kills, even
Page 15

4.
5.
6.
7.
8.
9.
though the responsibility for effective compliance may be temporarily
suspended.
Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 at seq. or Section 311 of the Federal Act, 33 USC
1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
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.
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.
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 this
permit or to determine compliance with this permit. The permittee shall
also furnish to the Director upon request, copies of records required
to be kept by this permit.
If the permittee wishes to continue an activity regulated by this permit
after the expiration date of this permit, the permittee must apply for
renewal of the permit.
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 such information, forms and
fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permitte 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
page 16

to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251
et seq.
. �- • s ;-•t. -IT"MI
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. All permit applications shall be signed as follows:
(1} For a corporation: by a responsible corporate officer. For the purpose
of this Section, a responsible corporate officer means: (a) a
president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who
performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production
or operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the permit and other information requested by
the Director shall be signed by a person described above or by a duly
authorized representative of that person. A person is a duly authorized
representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well.or
well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a
named position.); and
(3) The written authorization is submitted to the Director.
C. Certification. Any person signing a document under paragraphs a. or b.
of this section shall make the following certification:
"I certify, under penalty of law, that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
Page 17

•
•
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment
for knowing violations."
This 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.
The issuance of this permit does'not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit,
or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H
.0100; and North Carolina General Statute 143-215.1 et. al. -
MIT us W ME M
The Director may require, through written notification, any entity
covered under this permit to apply for their own independent NPDES
permit. The Director's notification will establish requirements for
permit application and coverage.
Page 18

•
0
1.
2.
i�
a.
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed
by a permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
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.
Definitions
(1) "Bypass* means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is
not a designed or established or operating mode for the facility.
(2) 'Severe property damage' means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are
not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days
before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in Part II, E. 5. of this permit. (24-
hour notice).
Page 19

d. Prohibition of Bypass
(1) Bypass is prohibited and the Director may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or
severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use
of auxiliary control facilities, retention of stormwater or
maintenance during normal periods of equipment downtime or c�ry
keather. This condition is not satisfied if adequate backup
controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance;
and
(c) The permittee submitted notices as required under Paragraph c. of
this section.
(2) The Director may approve an anticipated bypass, after considering its
adverse effects, if the Director determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
4. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional
and temporary noncompliance with technology based permit effluent
limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment or control
facilities, inadequate treatment or control facilities, lack of
preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
C. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:.
(1) An upset occurred and that the permittee can identify the cause(s) of
the upset;
Page 20

•
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E.
S. (b) (B) of this permit_
(4) The permittee complied with any remedial measures required under Part
II, A. 2. of this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the
occurrence of an upset has the burden of proof.
Page 21

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 SWQMP 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 justifing changes to sampling locations and sampling methods
at any time. At a minimum, information on such changes shall be
reported in the permittee's annual report. The Director may require
that certain changes in the sampling program be submitted for approval
prior to implementation of the changes.
r ••
Duplicate signed copies of all reports required herein, shall be
submitted to the following address:
Division of Environmental Management
water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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.
Test procedures for the analysis of pollutants shall conform to the EMC
regulations.published pursuant to NCGS 143-215.63 et. seq, the water and
Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(h), 33 USC 1314, of the Federal Water Pollution Control
Act, as Amended, and Regulation 40 CFR 136. Reporting of analytical
results as "too numerous to count" (TNTC) will not be acceptable and may
constutute a violation.
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
Page 22

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.
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original scrip
chart recordings for continuous monitoring instrumentation, 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 at any time.
For each measurement, sample, inspection or maintenance activity
performed or taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection
or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
The permittee shall allow the Director, or an authorized representative
(including an authorized contractor acting as a representative of the
Director), 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. Have access to and copy, at reasonable times, any records 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 regulated or
required under this permit; and
Page 23

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.
The permittee shall give notice to the Director of any planned
modifications to the Stormwater Program or SWQMP. Notice of any changes
is required at least through the annual report as specified in Part I
Section C of this permit. Notice shall be given as soon as possible
when:
a. The modification represents a change in the form of deleting a provision
of the approved Stormwater Program; or
1
b. The modification could significantly change the timeframe for
implementation of parts of the program or negatively influence the
effectiveness of the approved program.
:. �.4m. I'MIX.. -
The permittee shall give advance notice to the Director of any planned
changes in the permitted facility or activity which may result in
noncompliance with the permit requirements.
3. Transfers
This permit is not transferable to any person except after notice to and
approval by the Director. The Director may require modification or
revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean
Water Act.
Monitoring results shall be reported at the intervals specified
elsewhere in this permit.
w Y.-• • .•
a. The permittee shall report to the central office or the appropriate
regional office any noncompliance which may endanger 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
Page 24

time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported
within 24 hours under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the
pollutants listed by the Director in the permit to be reported within 24
hours.
C. The Director may waive the written report on a case_ -by -case basis for
reports under paragraph b. above of this condition if the oral report
has been received within 24 hours.
The permittee shall report all instances of noncompliance not reported
under Part II. E. 4 and 5. of this permit at the time monitoring reports
are submitted. The reports shall contain the information listed in Part
II. E. 5. of this permit.
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.
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 shall be available for public inspection at
the offices of the Division of Environmental Management. As required by
the Act, effluent 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 143-21.5.61B or
in Section 309 of the Federal Act.
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.
Page 25

Part III
OTHER INFORMATION
A. Limitations Reopener
This permit shall be modified or alternatively, revoked and reissued, to
comply with any applicable requirement, effluent guideline or water
quality standard issued or approved in accordance with Sections 302(b)
(2) (c), and (d), 304(b) (2), 307(a) and 402(p) of the Clean Water Act,
if the requirement, effluent guideline or water quality'standard so
issued or approved:
1. contains different conditions or is otherwise more stringent than any
condition in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also
contain any other requirements in the Act then applicable.
Page 26

PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The permittee must pay the administering and compliance monitoring fee
associated with this permit within 30 (thirty) days after being billed
by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to
initiate action to revoke the permit.
Page 27

i
FACI ITY:
��M W �
CITY:
COUNTY r � �1
PERMIT NUMBER e57Z)1'0��
Permit Information that needs to be Incorporated into Future Permit Revisions
DATE COMMENTS