HomeMy WebLinkAboutNCS000394_FINAL PERMIT_20121126STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
(90 ('
DOC TYPE
PFINAL PERMIT
❑ ANNUAL REPORT,
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYM M DD
` ` • •
ALI
—V
MCDEN R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
November 19, 2012
Town of Carolina Beach
Brian Stanbury, Public Works Director
1121 North Lake Park Blvd
Carolina Beach, North Carolina 28428
Subject: NPDES Permit Number NCS000394
Dear Mr. Stanbury:
Dee Freeman
Secrelary
Iry
JI'DECEUVE''
NOV 26 2012
BY.
In accordance with your application for a stormwater discharge permit received on May 10, 2011,
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 May 9,
1994 (or as subsequently amended).
If any parts 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 150E of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be
final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or permits required by the Division of Land
Resources, Coastal Area Management Act or any other State, Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919-807-6�74 or mike.randall@ncdenr.gov.
Sincerely,
for harles Vakild. P. E.
cc: Mike Mitchell, EPA Region IV
Stormwater and General Permit Unit Files
DWQ Wilmington Regional Office
MOM; and Sto,nw.,Wer Bra-.M
1617 to d Service Cen1,�:, Raluigr N-ilh Carolina ,''699-1617
Lccnliow �1211. Sa4aburv.'! r.w:K,',, P!w,I •;..-,rclina 27';0-:
Phones. 919.807-63001 FAX- D 19 c j7-6 -'A `. G,:sto -9; Ser v ice ;-c77-62''j 6148
Inlemci ,n.n i weteruai;,.o,,
One
Noah Caro ilia
a
r,I wiltlpr.,.. , .',f.. Sliver. ' E1[.'J%-
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000394
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,
Town of Carolina Beach
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Carolina Beach's jurisdictional area
to receiving waters of the State within the Cape Fear River Basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, V1, VII and
VIII hereof.
This permit shall become effective December 1, 2012.
This permit and the authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day, November 15, 2012.
for C arles Wa ild, P. E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
February 15, 2007
Steve Pagley RECFT'JE
Director of Public Works
1 121 N. Lake Park Blvd.
Carolina Beach, North Carolina 28428-4130
Subject: NPDES Permit Numbcr�NCS000394
New Hanover County, Town of Carolina Beach
Dear Mr. Pagley;
In accordance with your application for a stonnwater discharge permit received on lebruary 28,
2003, and as amended, we are forwarding herewith the subject NPDES pennit. ']'his 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).
If any parts 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
Fled with the Oflicc of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina
27611 -7447. Unless such demand is rnade, this decision shall be final and binding.
"Phis pennit 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 State, Federal or Local governmental permit that may be
required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stonnwater and General Permit Unit Files
WQ:Rcgi lfa» Of11
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one
512 N. Salisbury St, Raleigh, North Carolina 27604 North Carolina
Phone: 919.733-70151 FAX: 919-733.2496 / Internet: h2o.enr,state. nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Aaturally
STATE of NORTH CAROLINA
DEPARTMENTof ENVIRONMENT and NATURAL RESOURCES
DIVISION of WA,rER QUALITY
PERMIT NO. NCS000394
TO DISCHARGE STOimWATER UNDER THE
NATIONAL POLLUTANTDISCI-IARGE 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,
Town of'Carolina Beach
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the "Town of Carolina Beach Jurisdictional Area
New Hanover County
to receiving waters of the State, within the Cape fear River basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, Vll and
VIII hereof.
This permit shall become effective March 1, 2007.
This permit and the authorization to discharge shall expire at midnight on February 28, 2012.
Signed this day February 15, 2007.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000394
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMIIYTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENI' 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
PARTIII PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMISNI'S
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTI?NANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DLEFINITIONS
PERMIT NO. NCS000394
PART I PERMIT COVERAGE
During the period beginning on the ef'f-ective date of the permit and lasting until expiration, the
Town of Carolina Beach is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters of the State within the Cape Fear River Basin. Such
discharge will be controlled, limited and monitored in accordance with the permittec's
Comprehensive Stormwater Management Program, herein referred to as the Stormwater Plan.
The Stormwater Plan must detail the permittee's stormwater management program for the five-
year term of the stormwater permit including, for each of the measure identified in the permit, a
narrative description of the program, a table that identifies each best management practice (BMP)
used, the frequency of the BMP, the measurable goats for each BMP, the implementation
schedule, funding and the responsible person or position for implementation.
2. All discharges authorized herein shall be adequately managed in accordance with the terms and
conditions of this pennit. Any other point source discharge to surface waters of the state is
prohibited unless it is an allowable non-stormwater discharge or is covered by another permit,
authorization, or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4 within
the jurisdictional area of the permittee as described in the approved local Stormwater Plan to
control potential pollution from the MS4. The permit applies to current and future jurisdictional
areas of the permittee, as well as areas that seek coverage under this permit through inter -local or
other similar agreements with permittee. Agreements for coverage under this permit must be
approved by the Division of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-
163 and in accordance with the approved Stormwater Plan, all provisions contained and
referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will
develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of
the Clean Water Act, provisions outlined by the Director, and the provisions of this permit.
The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this pennit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan.
Part 1 Page 1 of 2
PERMIT NO. NCS000394
8. The permit authorizes the point source discharge of stormwatcr runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows,
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources,
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 1 SA NCAC 214
.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-stormwatcr flows of this type be controlled by the
permittee's Stormwatcr Plan.
Part I Page 2 of 2
PERMIT NO. NCS000394
PART 11 I�INAL LIMITATIONS AND CONTROLS FOR PERM ITTED'DISCIIARGES
SECTION A: PROGRAM IMPLEMENTATION
The pennittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not lilted to, the following areas:
The pennittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stonnwater Plan. 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 Stonnwater flan.
The permittee's Stormwater Plan will be implemented and managed such that the discharge of
pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in
order to meet this provision, implementation of the Stormwater Plan will occur with emphasis
given to priority areas and to management measures and programs that are most effective and
eff-icicnt at varying stages of the plan's implementation.
The permittee .will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The pennittee; will implement provisions of the Stormwater Plan as appropriate to monitor and
assess the performance of the various management measures that are a part of the Stonnwater
Plan. This will include the provisions of this permit.
The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this Stormwater discharge permit and the Stormwater Plan.
The pennittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this permit.
7. The pennittee will implement a post -construction site runoff control program to regulate new
development and redevelopmenC by requiring structural and non-structural 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.
8. 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 storinwater pollution.
9. Proposed permit modifications must be submitted to the Director for approval.
10. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by
the Division, the pennittee shall implement a'TMDI, Water Quality Recovery Program. The
following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
"TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
Page 1 of 14
PERMIT NO. NCS000394
identify the locations of all currently known 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. The permittee shall also develop a schedule to discover and locate all
other 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 two years after receiving the Division's notice that the pennittec is subject to a
TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. 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 permitter may reduce the monitoring burden by proposing to monitor outfalls that the
Division would consider substantially sinnilar to other outfalls. The penmittee 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) The permittee shall include the location of all currently known MS4 outfalls with the
potential of discharging the pollutant(s) of concern, the schedule for discovering and
locating currently unknown MS4 outfalls with the potential of discharging the
pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and
all part of the TMDL Water Quality Recovery Program) in the first Stormwater
Management Plan annual report due no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Management Plan annual report shall include
an assessment of the available data for each pollutant of concerti, and an assessment of
the effectiveness of the BMPs employed, to determine what, if any, additional BMP
measures may be necessary to return the impaired segments to compliance with state
water quality standards. The pernittee shall implement appropriate BMPs to control 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) Foliowing any review and comment by the Division on the 'TMDL Water Quality
Recovery Program, the permittce shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality Recovery
Program into the Stormwater Management Plan.
The permittce can identify the impaired stream segments in the MS4 jurisdictional area by
referencing the 2004 Integrated 305 b and 303 d Report (or current version), available on the
website of the Division of Water Quality Modeling and TMDL Unit.
Page 2 of 14
PERMIT NO. NCS000394
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. 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 implement the following BMPs to meet the objectives of the Public Education and
Outreach Program and shall notify the Division prior to modification of any goals.
BMp
Measurable Goals
YR
YR
YR
YR
YR'
1
2
3
.4
5
(a) Identify target pollutants
Identify the target pollutant 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 have
X
significant storm water impacts and why they
were selected.
(c) Infonrrational Web Site
Promote and maintain internet wcb site.
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
public education
material to appropriate target groups as likely
materials to identified
to have a significant stormwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
permittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses.
available, when implementing its own
program,
(e) Media Campaign
Document campaign reach and frequency to
X
public for each broadcast media like radio and
TV, (including those elements implemented
locally or through a cooperative agreement).
Page 3 of 14
PERMIT NO. NCS000394
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
(f) Establish Hotlinc/Help
Maintain a stormwater hotline/helpline.
X
line
(g) Establish a Public
The pertittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following:
permit issue date.
• Newspaper articles, press releases
and/or paid advertisements (i.e., inserts)
• Kiosks and signagc
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittce's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
• Public meetings
• Community events
• Contest
• Storm drain marking .
• Stream and Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class 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 locally or
through a cooperative agreement, measure
and record the extent of exposure.
Page 4 of 14
PERMIT NO. NCS000394
SECTION C: PUBLIC INVOLVEMENTAND 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 permitter shall implement the following 13MPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
YR
YR
YR'
YR
'YR
1
2
3
4
5
(a) Administer a Public
Develop and implement a Public Involvement
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (c) below.
(b) Allow the public an
Conduct at least one public meeting in year 2
X
opportunity to review and
to allow the public an opportunity to review
comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
community involvement
stormwatcr related program, locally or
program
through a cooperative agreement, to 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
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the Stormwater
program.
(c) Establish Hotline/l-lelp
Maintain a Stormwater hotline/helpline.
x
line
Page 5 of 14
PERMIT NO. NCS000394
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including 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 MS4outfalls to state waters receiving discharges.
(e) Inform employees, businesses, and the general public of hazards associated with illegal
discharges and improper disposal of waste,
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any goals.
MP:
?
YR
YR
I'R`IN
TI ,rMcacuiablc`Coals',
k
;YRx
`:YR�
(a) Develop/implement Illicit
Develop and implement an Illicit Discharge
X
Discharge Detection and
Detection and Elimination Program including
Elimination Program
provisions for program assessment and
evaluation.
(b) Establish and maintain
Establish and maintain adequate ordinances
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved Illicit
Discharge Detection and Elimination
Program.
(c) Develop a Storm Sewer
Map identifying major outfalls and
X
System Base Map and
stormwater drainage system components. At
Inventory of Major
a minimum, components include major
Outfall.
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update neap of drainage system.
(d) Inspection/detection
Establish written procedures for detecting and
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the sources or reporting the sources
outfalls
to the State to he properly permitted.
Page 6 of 14
PERMIT NO. NCS000394
13IVlY�E'1lleasiirable'Goals
�` �S ; ,�-
I YR�
YR"
S, ,YRYit�
��Yf�e
ri
S t r
l
2
3`
j 4
`e5i4 l
(e) Employee training
Conduct training for appropriate municipal
X
staff on detecting and reporting illicit
discharges.
(� Provide public education
Inform public employees, businesses, and the
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize reporting mechanism
X
reporting; mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(h) Established procedures to
Establish procedures to identify and report to
X
identify and eliminate
the County health department failed septic
failed septic system and
systems located within the pennittee's
sanitary sewer overflows.
planning jurisdiction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
Page 7 of 14
PERMIT NO. NCS000394
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
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.
2. BMPs for Construction Site Runoff Controls
(a) The permittee relies on New Hanover County to comply with this rninimum measure.
The New Hanover County Sediment and Erosion Control Program effectively meets the
rcquiretnents of the Construction Site Runoff Controls by permitting and controlling
development 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. This program
includes 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.
(b) The permittce shall provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may
implement a plan promoting the existence of the NCDENR, Division of Land Resources
"Stop Mud" hotline to meet the requirements of this paragraph.
(c) The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit,
Page 8 of 14
PERMIT NO. NCS000394
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to the
MS4 and disturbs an acre or more of land surface, including projects less than an acre
that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMI's.
(c) Ensure controls are in place to minimize water quality impacts,
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives ofthe Post -Construction
Stormwater Management Program.
BMP
Measurable Coals
YR
Y,R-
YR
YR `�
Y_ R-:
J
.2
3.
4
5
(a) Establish a Post-
Develop and adopt by ordinance (or similar
X
Construction Stormwater
regulatory mechanism) a program to address
Management Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date.
(b) Establish strategies which
Develop strategies that include a combination
X
include 13M1's
of structural and/or non-structural BMPs.
appropriate for the MS4
Implement them within 24 months of the
permit issue date. Provide a mechanism to
require long-term operation and maintenance
of structural BMPs. Require annual
inspection reports oi'permitted structural
BMPs performed by a qualified professional
(i.e., someone trained and certified by NC
State for BMP Inspection & Maintenance).
(c) Establish a program
Coordinate with County health department to
X
under the Post-
control the known sources of fecal coliform to
Construction minimum
the maximum extent practicable. Implement
measure to control the
within 24 months of the permit issue date.
sources of fecal coliform
to the maximum extent
racticable
(d) City Code, Permitting
Ensure development activities will maintain
X
Regulations, Easement,
the project consistent with approved plans.
and/or Deed Restrictions
and Protective Covenants
Page 9 of' 14
PERMIT NO. NCS000394
T 'BMP �-
"MeasurablcGoals k
YR ,
YR
' YR
-YR
1'R
(e) Operation and
Implement or require an operation and
X
Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural 13MPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program.
(FJ Setbacks for Built -upon
Require built -upon areas to be located at ]east
X
Areas
30 feet landward of all perennial and
intermittent surface waters except as provided
for in the Permittee's approved Post -
Construction Stonnwater Ordinance. For
purposes of this section, a surface water shall
be present if the feature is shown on either the
►host recent version of the soil survey map
prepared by the Natural Resources
Conservation Service of the United States
Department of Agriculture or the most recent
version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the
United States Geologic Survey (USGS).
Relief from this requirement may be allowed
when surface waters arc not present in
accordance with the provisions of 15A NCAC
02B .0233(3)(a).
3. Post -Construction Site Runoff Controls.
(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 213.0214.
(3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215.
(4) Water Supply Watershed IV (WS-IV) -- 15A NCAC 213.0216.
(5) Freshwater High Quality Waters (14QW) — l SA NCAC 214.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 21-1.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 213.0235.
(8) The'I'ar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-
15A NCAC 213.0258,
(9) The Randleman Lakc Water Supply Watershed Nutrient Management Strategy —
15A NCAC 28.0251.
(b) In order to fulfill the post -construction minimum measure program requirement, a
permittee, delegated program, or regulated entity may use the Department's model
Page 10 of 14
PERMIT NO. NCS000394
ordinance, design its own post -construction practices based on the Department's
guidance on scientific and engineering standards for best managerent practices (BMPs),
incorporate the post -construction model practices described herein, or develop its own
comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure.
{c) Perrnittees must require stormwater controls for a project that disturbs one acre or more
of land, including a project that disturbs less than one acre of land that is part of a larger
common plan ol' development or sale. The stormwater controls shall be appropriate to the
project's level of density as follows:
(1) Post -construction model practices for low -density projects. — A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
low -density project ifs it contains no more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of� Shellfish Resource
Waters is a low -density project if it contains no more than twenty -lour percent
(24%) built -upon area or no more than two dwelling units per acre. Low -density
projects must use vegetated conveyances to the maximum extent practicable to
transport stormwater runoff from the project. On -site stormwater treatment
devices such as infiltration areas, bioretention areas, and level spreaders may
also be used as added controls for stormwater runoff. A project with an overall
density at or below the low -density thresholds, but containing areas with a
density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post -construction model practices for
low -density projects and locates the higher density in upland areas and away
from surlace waters and drainageways to the maximum extent practicable.
(2) Post -construction model practices for high -density projects. -- A project that is
located within one: -half mile of and draining to Shellfish Resource Waters is a
high -density project if it contains more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of'Shellfish Resource
Waters is a high -density project if it contains more than twenty-four percent
(24%) built -upon area or more than two dwelling units per acre. High -density
projects must use structural stormwater management systems that will control
and treat control and treat runoff from the first one and one-half inches of'rain.
In addition, projects that are located within one-half mile and draining to
Shellfish Resource Waters must control and treat the difference In the
stormwatcr runoff from the prcdevelopment and post -development conditions for
the one-year, 24- hour storm. The structural stormwater management system
must also meet the following design standards:
A. Draw down the treatment volume no faster than 48 hours, but no slower
than 120 hours.
B. Discharge the storage volume at a rate equal to or less than the
prcdevelopment discharge rate for the one-year, 24-hour storm.
C. Remove an eighty-five percent (85%) average annual amount of rl'otal
Suspended Solids.
D. Meet the General Engineering Design Criteria set out in 15A NCAC
021-1 .1008(c) or a locally approved stormwater management manual.
E. Wet detention ponds designed in accordance with the requirements of
Paragraph (3)(d) may be used for projects draining to Class SA waters.
Page 1 1 of 14
PI RMIT NO. NCS000394
(d) For areas draining to Class SA waters, pennittces, delegated programs, and regulated
entities must:
(1) Use BMPs that result in the highest degree of fecal coliform die -off and control
to the maximum extent practicable sources of fecal coliform while still
incorporating the stormwater controls required by the project's density level.
(2) Implement a program to control the sources of fecal coliform to the maximum
extent practicable, including a pet waste management component, which may be
achieved by revising an existing litter ordinance, and an on -site domestic
wastewater treatment systems component to ensure proper operation and
maintenance of such systems, which may be coordinated with local county
health departments.
(3) Prohibit new points of stormwater discharge to Class SA waters and prohibit
both increases in the volume of stormwater flow through conveyances and
increases in capacity of conveyances in existing stormwater conveyance systems
that drain to Class SA waters. Any modification or redesign of a stormwater
conveyance system within the contributing drainage basin must not increase the
net amount or rate of stormwater discharge through existing outfalls to Class SA
waters. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer
or other natural area capable of providing effective infiltration of the runoff from
the one-year, 24-hour storm shall not be considered a direct point of stormwater
discharge. Consideration shall be given to soil type, slope, vegetation, and
existing hydrology when evaluating infiltration effectiveness,
(e) For BMPs that require a separation from the seasonal high-water table, the separation
shall be provided by at least 12 inches of naturally occurring soil above the seasonal
high-water table,
Page 12 of 14
PERMIT NO. NCS000394
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Prevent or reduce stormwater pollution from municipal operations.
BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following 13MPs to meet the objectives of the Pollution Prevention
and Good Housekeeping Program and shall notify the Division prior to modification of any goals.
13MP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3,
4.
5. .
(a) Develop an operation and
Develop an operation and maintenance
X
maintenance: program
program for structural stormwater 13MPs ,
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
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 ol' preventing
or reducing pollutant runoff.
(c) Inspection and evaluation
Maintain an.inventory of facilities and
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 13MPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of polluted
runoff; the stormwater 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
prevention and good housekeeping;
procedures.
Page 13 of 14
PERMIT NO. NCS000394
BMP
Measurable Goals
YR
YR
YR
YR
YR:
1
Z
3
4
•g. ,
(e) Review of municipality
Conduct annual review of the industrial
X
X
X
owned or operated
activities with a Phase I NPDES stormwater
regulated industrial
pen -nit owned and operated by the permittee.
activities
Review the following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and the
results of inspections and subsequent follow-
up actions at the facilities.
(f) Spill Response
Establish spill response procedures for
X
Procedures
municipal operations owned and operated by
the pennittee with the potential to generate
polluted stormwater runoff.
(g) Prevent or Minimize
Describe measures that prevent or minimize
X
Contamination of
contamination of the stormwater 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
stone 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.
Page 14 of 14
PERMIT NO. NCS000394
PART 111 PROGRAM ASSESSMENT
Implementation of the Stornwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of 13MPs, enforcement actions, and other stormwater
activities. If monitoring and sampling are being performed documentation of'results shall be
included. 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.
The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis. The permittee will submit a report of this evaluation and monitoring information to
the Division on an annual basis. This information will be submitted by May 1, of each year and
cover the previous year's activities from March 1 to February 28. The permittee's reporting 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 oil 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.
(c) 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.
(t) 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 I of' 2
PERMIT NO. NCS000394
The Director may notify the permittee when the Stonnwater Plan does not meet one or more of
the requirements of the pen -nit. Within 30 days of such notice, the pennittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the corrective action plan, approve a plan with modifications, or reject
the proposed plan. The pennittee will provide certification in writing (in accordance with Part
IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall
be construed to limit the Director's ability to conduct enforcement actions for violations of this
permit.
4. The Division may request additional reporting information as necessary to assess the progress
and results of the permittec's Stonnwatcr Plan.
Part III Page 2 of 2
PERMITNO. NCS000394
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
"rhe permittee shall retain records of all information required by this permit for a period of at
least 5 years from the date of acquisition. This period may be extended by request of the
Director at any time prior to the end of the Five-year period.
2. Report Submittals
(a) Signed copies of all reports required herein, 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 submitted to DWQ 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 environmental/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."
Part 1V Page f of 2
PERMIT NO. NCS000394
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(e) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shalt report to the central office or the appropriate regional office 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
pennittee 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
reducc, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ. Permittecs are encouraged to use the state on-line reporting system for
annual reporting.
6. . Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the pernittec's Stormwatcr Plan, or for the entire Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2
PERMITNO. NCS000394
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The pennittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds far enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.
(a) The pennittec 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 pernUt
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122A1(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 it 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 1
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 $1 1,000 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 II 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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount ol' any Class 11 penalty not to exceed $137,500).
Part V Page 1 of 6
PE,"IT NO. NCS000394
2. Duty to Mitigate
The pennittee shall take all 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. Furthennore, the pennittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the pennittce from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS t43-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights; nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this pennit, shall not be affected thereby.
7. Duty to Provide Information
The permittce shall furnish to the Director, within a reasonable time, any information which the
Director may request to detennine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to detennine 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.
Part V Page 2 of 6
PERMIT NO. NCS000394
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 notification of'
planned changes or anticipated noncompliance does not stay any permit condition.
Part V Page 3 of 6
PERMIT NO. NCS000394
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6
PERMIT NO. NCS000394
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of the Director,
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. 'Pest 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 CFfZ 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
rninimum 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 store sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(b) 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 pen -nit; and
(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.
Part V Page 5 of 6
PERMIT NO. NCS000394
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for p
the Act, analytica
statement on any
NCGS 143-215.6
PERMIT NO. NCS000394
PART VI LIMITATIONS REOPENER
The issuance of this pen -nit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the pennit 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.
Part V1 Page 1 of 1
PERMIT NO. NCS000394
PART VII 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
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of]
PERMIT NO. NCS000394
PARTV111 DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMI')
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate
through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of'a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot. .
It can include one operator or many operators.
6. Department
Department means the North Carolina Department of Environment and Natural Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
Part V 111 Page 1 of' 4
PERMIT NO. NCS000394
Director
The Director of the Division of Water Quality, the permit issuing authority.
E M C
The North Carolina Environmental Management Commission.
l0. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
1 1. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
12. Illicit Discharge
Any discharge to a MS4 that is not.composcd entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 pcnnit), allowable non-stormwatcr discharges,
and discharges resulting from tire -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.
14. Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
stonn 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 storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more),
15. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, 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 a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
Part VIII Page 2 of 4
PERMIT NO. NCS000394
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
16. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire
fighting activities are excluded from the definition of illicit discharge and only need to be
addressed where they are identified as significant sources of pollutants to waters of the United
States),
17. Non-structural 13M P
Non-structural f3MPs 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.
18. Outfall
Outfall means a point source as defined by 40 CPR 122.2 at the point where a municipal separate
stonn 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.
Part Vlll Page 3 of 4
PERMIT NO. NCS000394
20. Point Source Dischame of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
21. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stonnwatcr control than the previous development.
22. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
23. "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 ,rMDIL programs.
24. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4
•
Facility Name:
NPDLS Permit Number:
Facility Location:
Type of Activity:
Receiving Stream:
River Basin:
Stream Classification:
Proposed Permit Requirements
Compliance Schedule:
Basis I<)r Monitoring:
Basis for Other Requirements:
Response Requested by (Date):
DOCUMENTS REVIIIWED
Mich:wl F haslev. (.�o%cut)i
"ViIIiam G. Ross JI.. SoclelalV
North Carolina I)cpartcncnt of EnvironmenI am Nam aI Rcwmcrc�s
Alan %V, Kliiock. 1'. S. Director
I)ivisinn of Water Quality
Colccn 11. Sullicis, Dcpuly OiTCCHA
DiVISIUiI of Water Qualily
STAFF REVIEW AND EVALUATION
NPDES Stormwziter Permit
Town of Carolina Bcach
NCS000394
Town of Carolina Beach
MLlnicipal Separate Storm Sewer System
Hennikers Ditch and Cape Fear River
Cape Fear
SA, HQW
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
April 13, 2006
NPDES Stormwater Permit Application Dorm
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on 1=chruary 28, 2003 is
sufficient (0 issue an Individual Stormwater Permil.
Prepared by (Signature) Date .2,11 L
Stormwater and General Permits Supervisor .��/� - Dale 7 �� t5
Concurrence by Regional 011ic��}_1"-y�
Gfi�=�'fi i "t �' i.L �- Date
Water Quality Supervisor
Date
N. C. Division of Watcr Quality 1017 Mail Service Censer RMCigh, North Carolina 27699-1617 (919) 733-5083
47-- .T y
la jr
NCDENIR
Customur Service
1-877-623.6748
W A rF • Michael F. Easley, Governor
`0�0 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
bu.0 -1 1
Alan W. Klimek, P, E. Director
5 Division of Water Quality
Q ^� Coleen H. Sullins, Deputy Director
Division of Water Quality
February 17, 2006
Mr. Steve Pagley
Director, Public Works
Town of Carolina Beach'
1121 N. Lake Park Blvd.
Carolina Beach, North Carolina 28428
Subject: Draft NPDES Permit Number NCS000394
Dear Mr, Pagley:
Enclosed for your review and comment is the draft Phase 11 NPDES Stormwater Permit
for the Town of Carolina Beach.
In a letter dated May 18, 2005, the Director, in response to the great volume of concern
expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing
low density impervious surface limits, directed DWQ staff to withhold issuance of individual
Phase 11 permits for communities within the Coastal Counties until such time that a review of the
effectiveness of the proposed post -construction stormwater control measures in the draft Phase II
Permits and the existing State Coastal Stormwater Program could be completed. DWQ has
decided to move forward with drafting Phase II Permits for the coastal communities.
Specifically for the coastal communities, we are purposing development activities located
with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the
runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except.
for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all
perennial and intermittent surface waters. Redevelopment activities that meet the provisions of
15A NCAC 2H A 002(14) shall not be required to comply with these specific requirements.
Purposed structural stormwater controls include the following criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but
no slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the pre -development
discharge rate for the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC2H .1008(c).
We believe that this draft permit will provide your community with the flexibility vital for
your community, while at the same time safeguarding and protecting our natural environment for
future generations of North Carolinians.
ASM
0
,'4CUEN�
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6748
0
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. Please provide your comments by
Thursday, April 13, 2006. You will also have an opportunity to submit comments during the
public comment period. If you have any questions about this draft permit don't hesitate to contact
me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801.
Sincerely,
Micheal F. Randall
Environmental Engineer
Stormwater and General Permits Unit
cc: Stormwater and General Permits Unit
Wilmington Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000394
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by fih&Nord` ,i,,Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as'amended,
Town of Carolina Beach"s ,
is hereby authorized to discharge stormwater from their muriicipahseparate storm sewer system located:
Within the Town of CarolinwBeach Jurisdictional Area
New HanoverCo ntvf
to receiving waters, Hennikers Ditch and C, p06T``ear Rwiver, within the Cape Fear River basin in
accordance with the discharge limitations, monilonng;requirements, and other conditions set forth in
Parts I, II, III, N, V, VI, VII and VIII hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
C]
• PERMIT NO. NCS000394
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�ELIMINA ZION
21
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS,
All! 5
A
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTIONAND GO D HO� USEKEEPING FOR MUNICIPAL
OPERATIONS ,:s 4`a
:,:.,
PART III PROGRAM ASSESSME T ',
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A. COMPLIANCE AND LLABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE .
REQUIREMENTS
PART VIII DEFINITIONS
0
PERMIT NO. NCS000394
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Carolina Beach is authorized to discharge stormwater from the
municipal separate storm sewer system to receiving waters, the Cape Fear River and
Hennikers Ditch, within the Cape Fear River Basin. Such discharge will be controlled,
limited and monitored in accordance with the permittee Comprehensive Stormwater
Management Plan, herein referred to as the Stormwater Plan, The Stormwater Plan
includes components of the permittee's Phase'lI Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Report and any approved modifications.
All discharges authorized herein shall be adequately managed in accordance with the terms and
conditions of this permit. Any other point source discharge to surface waters of the state is
prohibited unless it is an allowable non-stormwater discharge or is covered by another permit,
authorization, or approval.
This pemlit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4 within
the jurisdictional area of the permittee as described in the approved local Stormwater Plan to
control potential pollution from the MS4. The permit applies to current and future jurisdictional
areas of the permittee, as well as areas that seek coverage under this permit through inter -local or
other similar agreements with permittee. Agreements for coverage under this permit must be
approved by the Division of Water Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the perrittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-
163 and in accordance with the approved Stormwater Plan, all provisions contained and
referenced in the Stormwater Plan are enforceable parts of this permit. 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.
7. The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan.
Part I Page 1 of 2
PAIT NO. NCS000394
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A NCAC 2H
.0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled by the
permittee's Stormwater Plan.
Part I Page 2 of 2
s
0 PERMIT NO. NCS000394
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCIIARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not limited to, the following areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan. 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.
2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of
pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in
order to meet this provision, implementation of the Stormwater Plan 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.
The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and
assess the performance of the various management measures that are a part of the Stormwater
Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan,
6. The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stormwater discharge permit and the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate new
development and redevelopment by requiring structural and non-structural 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. '
9. 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.
10. Proposed permit modifications must be submitted to the Director for approval.
Page 1 of 9
0
POIT NO. NCS000394
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. 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 implement the following BMPs to meet the objectives of the Public Education and
Outreach Program and shall notify the Division prior to modification of any goals.
} _ BMPY r �n
_ Measurable Goals,5; ;. 5 t a
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and Outreach
implement within 12 months of the permit
Program
issue date. Incorporate outreach elements for
significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site. Post
X
X
X
X
X
newsletter articles on stormwater, information
on water quality, stormwater projects and .
activities, and ways to contact stormwater
management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
materials for schools,
material to appropriate target groups as likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials, the
permittee may rely on state -supplied Public
Education and Outreach materials, as
available, when implementing its own
program.
Develop age -specific educational information
for use in local elementary schools.
Possibilities include using hands on
watershed model with visual aids
(d) Public education material
Distribute written educational material to a
X
X
X
dissemination
broad public audience. Possibilities include,
but are not limited to utility mailouts,
quarterly stormwater newsletter through local
newspaper and at special events.
Page 2 of 9
0 • PERMIT NO. NCS000394
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 implement the following BMPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the Division prior to modification of any goals.
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(a) Administer a Public
Develop and implement a Public Involvement
X
X
X
X
X
Involvement Program
and Participation Program.
(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
community involvement
stormwater related program designed to
program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Page 3 of 9
•
PAIT NO, NCS000394
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(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 storm sewer system map showing all outfalls and waters receiving discharges.
(e) Inform employees, businesses, and the general public of hazards associated with illegal
discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification. of any goals.
•a•'s r ,p,
BMP
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(a) Develop/Implement Illicit
Develop and implement an Illicit Discharge
X
X
X
Discharge Detection and
Detection and Elimination Program. Include
Elimination Program
provisions for program assessment and
evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
appropriate legal
authorities to prohibit illicit discharges and
authorities
enforce the approved IDDE Program.
(e) Develop a Storm Sewer
Identify outfall locations and map stormwater
X
X
X
System Base Map
drainage system components. At a minimum,
mapping components includes outfalls,
drainage areas, and receiving streams.
(d) Implement illicit
Implement an inspection program to detect dry
X
X
X.
discharge detection
weather flows at system outfalls. Establish
procedures
procedures for tracing the sources of illicit
discharges and for removing the sources. .
Develop procedures for identification of
priority areas likely to have illicit discharges.
Continue to identify, locate, and update map
of drainage system components on a priority
basis pera roved Illicit Discharge Pro am.
(c) Staff training
Train local law enforcement and fire fighting
X
X
X
personnel on detecting and reporting illicit
discharges.
(f) Provide public education
Inform public employees, businesses, and the
X
X
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
reporting mechanism
mechanism for the public to report illicit
dischar es.
Page 4 of 9
•
0 PERMIT NO. NCS000394
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stoonwater 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) Establish requirements for construction site operators to control waste such as discarded
building materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control
ProWam to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the
requirements of the Construction Site Runoff Controls by permitting and controlling development
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. This program is authorized under the Sediment pollution
Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This
program includes 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.
NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000),
specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The
NCGO10000 permit establishes requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality.
The permittee must provide and promote a means for the public to notify the appropriate authorities of
observed erosion and sedimentation problems. The permittee may implement a plan promoting the
existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of
this paragraph.
The pennittee may pursue local government implementation of the Erosion and Sediment Control
Program by requesting a "minor modification" to the permit.
Page 5 of 9
•
PAIT NO. NCS000394
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development 1 redevelopment.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -Construction
Stormwater Management Program.
BMP ;�
fit —fit' *;.�3 y A 'rI•
ls
4. . " r•». '.[ ki" K'ii f� ! i
�
. F _ 1Vleasurable GoaMAN
YR
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YR a
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arf •Y
,
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(a) Establish a Post-
Develop and adopt by ordinance (or similar
X
X
X
X
X
Construction Stormwater
regulatory mechanism) a program to address
Management Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date. The ordinance must be reviewed and
approved by the Director prior to
implementation. Ensure that controls are in
place to prevent or minimize water quality
impacts.
(b) Establish strategies which
Develop strategies that include a combination
X
X
X
X
X
include BMPs
of structural and/or non-structural BMPs,
appropriate for the MS4
implement them within 24 months of the
permit issue date. Provide a mechanism to
require long-term operation and maintenance
of structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to the
X
X
X
X
X
control the sources of
maximum extent practicable. Develop an
fecal coliform to the
oversight program to ensure proper operation
maximum extent
and maintenance of on -site wastewater
practicable
treatment systems for domestic wastewater.
Implement them within 24 months of the
permit issue date. Municipalities must
coordinate this program with the county health
department.
Page 6 of 9
PERMIT NO. NCS000394
3. Post -Construction Site Runoff Controls.
(a) All development activities located with the permittee's jurisdiction that disturb 5,000
square feet or more of land shall control the runoff from the first one and one half inch of
rainfall to the level specified in Paragraph (b) of this rule. In addition, all impervious
surfaces, except for roads, paths, and water dependent structures, shall be located at least
30 feet landward of all perennial and intermittent surface waters. Redevelopment
activities that meet the provisions of 15A NCAC 2H 1002(14) shall not be required to
comply with the requirements of this Paragraph.
(b) Structural stormwater controls required under Paragraphs (a) shall meet the following
criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48
hours, but no slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the pre -development
discharge rate for the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H
.1008(c).
(c) For the purposes of this permit, a surface water shall be present if the feature is shown on
either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). Relief from this requirement shall be allowed
when surface waters are not present in accordance with the provisions of 15A NCAC 2B
- .0233 (3)(a).
(d) The permittee shall require recorded deed restrictions and protective covenants that
ensure development activities will maintain the project consistent with approved plans.
(e) The permittee shall require an operation and maintenance plan that ensures the operation
of the structural stormwater control measures required by the program. The operation
and maintenance plan shall require the owner of each structural control to submit a
maintenance inspection report on each structural stormwater control measure annually to
the local program.
(f) In addition to the other measures required in this rule, all development activities located
within the permittee's jurisdiction that disturb 5,000 square feet or more, of land draining
to Shellfishing (SA) waters shall:
(1) Use stormwater control measures that result in fecal coliform die off and that
control to the maximum extent practicable sources of fecal coliform while
incorporating the requirements specified in Paragraph (b) of this Rule.
(2) Prohibit new points of stormwater discharge to SA waters or expansion (increase
in the volume of stormwater flow through conveyances or increase in capacity of
conveyances) of existing stormwater conveyance systems that drain to SA
waters. Any modification or redesign of a stormwater conveyance system within
the contributing drainage basin must not increase the net amount or rate of
stormwater discharge through existing outfalls to SA waters. Diffuse flow of
Page 7 of 9
•
PAT NO. NCS000394
stormwater at a non -erosive velocity to a vegetated buffer or other natural area
capable of providing effective infiltration of the runoff from the 1-year, 24-hour
storm shall not be considered a direct point of stormwater discharge.
Consideration shall be given to soil type, slope, vegetation, and existing
hydrology when evaluating infiltration effectiveness.
Page 8 of 9
•
0 PERMIT NO. NCS000394
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
I. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention
and Good Housekeeping Program and shall notify the Division prior to modification of any goals.
,i v 46+ z* , h?
k({ ttI,r _ BMP
t�ti r�it r ,'+ t v , .. e� � = Lr1 r1_
�_,.� .,Measurable GoalsSf,. tt�F,
In t. `S7 7" {FY e�
$icm
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.
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(a) Develop an operation and
Develop an operation and maintenance
X
X
X
X
X
maintenance program
program that has the ultimate goal of .
preventing or reducing pollutant runoff from
municipal operations.
(b) Inspection and evaluation
Develop an inventory of all facilities and
X
X
X
X
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff, including the
BMPs.
MS4 system and associated structural BMPs.
Inspect potential sources of polluted runoff,
the stormwatcr controls, and conveyance
systems. Evaluate the sources, document
deficiencies, plan corrective actions, and
document the accomplishment of corrective
actions.
(c) Conduct staff training
Conduct staff training specific for pollution
X
X
X
X
X
prevention and good housekeeping
procedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES stormwater
regulated industrial
permit owned and operated by the permittee.
activities
Review the following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and the
-results of inspections and subsequent follow-
up actions at the facilities.
Page 9 of 9
PERMIT NO. NCS000394
PART III PROGRAM ASSESSMENT
1. 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, implementation of BMPs, enforcement actions, and other stormwater
activities. if monitoring and sampling are being performed documentation of results shall be
included. 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 permittee's Stormwater Plan will be reviewed and updatedoas necessary, but at least on an
F� Jr 'y4 .
annual basis. The permittee will submit a report of this evaluation and�momtoring information to
the Division on an annual basis. This information will beA br itted by date of each year and
cover the previous year's activities from Date to Date. The permmttee's reporting will include
appropriate information to accurately describe the pr gr` ss, status, s, and results of the permittee's
Stormwater Plan and will include, but is not limited totheifollowing components:
(a) The permittee will give a detailed d`e�rseription.of`the status of implementation of the
�IW f ��aA4*:Y�
Stormwater Plan. This will=include inforinatron on development and implementation of
all components of the Stormwater PQfor the past year and schedules and plans for the
year following each report."
(b) The permittee will adequately d�scribe and justify any proposed changes to the
Stormwater Plan. Thi"s will include descriptions and supporting information for the
proposed changes and'how-these changes will impact the Stormwater Plan (results,
effectiveness, impleir ation 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
•
PIT NO. NCS000394
The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 30 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 corrective action 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.
4. The Division may request ad
and results of the permittee's
Part III Page 2 of 2
s the progress
PERMIT NO. NCS000394
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
r
The permittee shall retain records of all information required by this permit for a period of at
least 5 years from the date of acquisition. This period may be extended by request of the
Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required
address:
submitted to the following
Department of Environment and Natdial•Resources
Division of Water Quality
YF M11\• 1
Stormwater Permitting."Unit
/1t%11?• i
1617 Mail Service CMnj1ter�,
Raleigh, North Carolina 27699-1617
{b} All applications, reports,,, information submitted to DWQ shall be signed by a principal
executive officer, rankingg elected official or duly authorized representative. A person is
a duly authorized representative•bnly if-:
(i) The authorization is ma&'in writing by a principal executive officer or ranking
4
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 environmental/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 property 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. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
s
Part IV Page 1 of 2
•
PAT NO. NCS000394
3.
4.
5.
6.
7.
Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittee. shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected. _
Twenty-four Hour Reporting
The permittee shall report to the central office or the approopate regional' office any
noncompliance that may constitute an imminent threat 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 proud d 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'exacfdates andatmes, and if the noncompliance has not been
corrected, the anticipated time compliance is'exp�ected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of�thc noncompliance.
-t
The Director may waive the written repo on a case -by -case basis if the oral report has been
received within 24 hours. I
Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per Part III of
this permit on forms provided by the DWQ.
Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the permittee's Stormwater Plan, or for the entire Program.
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2
• 0 PERMIT NO. NCS000394
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The pemvttee must comply with all conditions of this permit. 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 pr6hib�itions established under Section
vi,307(a) of the Clean Water Act for toxic pollutantswithin the time provided in the
"r 4Fb,
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
A Ar �
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 C611ection;Improvement Act (31 U.S.C. §3701 note) (currently
$27 500 per dayfor each violat an).�Aii� 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 thanll year, or both. Any person who knowingly violates
permit conditions is s bject to,criminal penalties of $5,000 to $50,000 per day of
violation, or imprisoffifientrfdr not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405•of this Act, or any 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 II 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 11 penalty not to exceed $137,500).
Part V Page 1 of 6
•
PAT NO. NCS000394
2.
3.
4
5.
6.
7.
Duty to Mitigate
The permittee shall take all 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.
Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143 215r3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 11!9. F urthermore�the permittee is
responsible for consequential damages, such as fish kills, even;thoug INthe responsibility for
effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude 064i stifution of any legal action or relieve
the permittee from any responsibilities, liabilities, orpenallt es to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section+3g11 of the Federal Act, 33 USC 1321,
Property Rights a 4_
The issuance of this permit does, of convve-y,;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.
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.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6
PERMIT NO: NC5000394
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 terrninat d for cause. The notification of
planned changes or anticipated noncompliance does note ay any permit condition.
Part V Page 3 of 6
•
PLIT NO. NCS000394
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permitter to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a
necessary to halt or reduce tt.
condition of this permit.
Part V Page 4 of 6
re been
with the
0 . 0
PERMIT NO. NCS000394
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When.required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate; all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of the Director
2. Flow Measurements
Where required, appropriate flow measurement devices and"i&—thods consistent with accepted
.sue` scientific
practices shall be selected and used to ensure,the accuracy and reliability of
measurements of the volume of monitored discharges_:&V
3. Test Procedures
Test procedures for the analysis df pollutanfs'shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. se q ;the'-,Wateiaand Air Quality Reporting Acts, and to
regulations published pursuant to Sect h 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, and PRegulation 40 CFR 136.
1
To meet the intent of the morutohi g�required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
4. inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(b) 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
(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.
Part V Page 5 of 6
•
PERIT NO. NCS000394
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Water Quality. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Act.
Part V Page 6 of 6
•
PERMIT NO. NCS000394
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.
Part VI Page 1 of 1
0 PERMIT NO. NCS000394
PART VII 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
2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VIl Page 1 of 1
•
PERMIT NO. NCS000394
1
2
3
4.
5.
7
PART VIII - DEFINITIONS
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution
be structural,or non-structural and may take the form of a pro
planning (see non-structural BMP). A
Built -upon Area
That portion of a development project that is covered
surface including, but not limited to, buildings; paver
lots, and paths; and recreation facilities such ash nni.,,
a wooden slatted deck, the water area of a swimming
paving material to the extent that the paving p tefiall
through the paving material.
Clean Water Act
surface waters. BMPs can
ivity, physical structure or
npeivious or partially impervious
and gavel areas such as roads, parking
r'�ts- 'Built -upon area" does not include
or pervious or partially pervious
rbs water or allows water to infiltrate
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq_ J
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot. .
It can include one operator or many operators.
Department
Department means the North Carolina Department of Environment and Natural Resources
Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources,
Part VI11 Page 1 of 4
0
AIT NO. NCS000394
0
10
11
12.
13
Director
The Director of the Division of Water Quality, the permit issuing authority,
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab
qualitatively monitored must be taken within the first 3
Hazardous Substance
Any substance designated in 40 CFR Part 116 pursua10nl
Illicit Discharge,
Any discharge to a MS4 that is not
to an NPDES permit (other than th
and discharges resulting from fire:
Industrial Activity
For the purposes of this p
in 40 CFR 122.26,
ill be directly analyzed or
311 of the CIcan Water Act.
`elyaof stormwater except discharges pursuant
permit), allowable non-stormwater discharges,
al activities shall mean all industrial activities as defined
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
i. Owned or operated by the United States, a State, city, town, county, 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 a sewer district, flood control district or drainage
district, or similar entity, -or an Indian tribe or an authorized Indian tribal organization, 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.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
Part VIII Page 2 of 4
�7
• PERMIT NO. NCS000394
V
V
17
18
19.
20.
Non-stormwater Discharge Categories
1\
The following are categories of non-stormwater discharges that the permittee must address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash watcy(diischarges or flows from fire
fighting activities are excluded from the definition of illic�discharge and only need to be
addressed where they are identified as significant sources of poll'uta is to v hers of the United
States).
Non-structural BMP
Non-structural BMPs are preventive actions that Jfivolve management and source controls such
as: (1) Policies and ordinances that provide requirements; Null standards to direct growth to
AW
identified areas, protect sensitive areas suchias wetlands and riparian areas, maintain and/or
increase open space, provide buffers,along;sensitivewater bodies, minimize impervious surfaces,
and/or minimize disturbance of soil' farad veg t tion; (2) policies or ordinances that encourage
infili development in higher density &baan,ar as; and areas with existing storm sewer
infrastructure; (3) education programs forwd'evelopers and the public about minimizing water
quality impacts; (4) other measures such a minimizing the percentage of impervious area after
development, use of measures to minim If directly connected impervious areas, and source
control measures often thought�of �a§good housekeeping, preventive maintenance and spill
prevention.
Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See also
point source discharge of stormwater.
Permittee
The owner or operator issued this permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
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PIT NO. NCS000394
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
22. 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 stepps�' ecessary to reduce pollutant
loads in a certain body of water to restore and maintain at r q ality standards in all seasons.
The Clean Water Act, Section 303, establishes the water quality standa ds and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic.under Section 307(4)(1) of the":Clean Water Act.
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