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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 -sz-Ic�zc, '3.v ef?`t YR •:Y RzYR s;yy YR 5 YR` YR; r S, �.�. 1 .G�' r'hs+, y �i �� 7 �$ rl nr_ ?''sV d s,+. ; , '�"�� i''� � S 5 e r r a �'_ - � Y _ i Z 3zt:�. a, .,�.�:. ��?'ha"i.•m <w . ;rya t�'. ��"-. �T-a' �'� � 11MI h' ;� - �,.._ �-.� �...u.:�Rx`.,sk�,�axs �.�1.2 s .4.�....Sk (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. BNiP`' ��� t� • }y `'f Measurab�+le Goals; r; , rrn ,JA4�'��...M.'''v! �YR L; YR f YR YR;, '�� YR y {i� ti.,Jj..- 4, � S:c; ���tr5.,ii��. �i�,�'i�c� : �r„�+r;;��� �, 5t!.,d�f�'� _ �� J.:M���,.•.E3��,•+ r+, .:', � e,�; .a�9ea�nrv":rp� .,�==� yxr�.�'F't3�i s,t s.13. �-,2, .� �, � �3�. a � (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 ✓ .--i•a$r-, �YaZt '�. "' x''' a Rye „� ev. z^ v: Rr. ,crghrt'S i Measuratale Goals !s.'^' 7. 7�Y, d.Fs v�'c.,^'.r,',+t[•r t•r �i-F`x- :•,t�; 9''F `ka?'S;-a,'F�":tfl •w MICR ---x7-•. #` tk<•4 __ YR A2 - C' tYR`� Y sS 4i dr °i�YR : -W, (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 1T".r YR a YR YR� arf •Y , R" IYSi I L 95WT (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 �YI21 `nAI'Y_ Yr -YR- Y_ R`' ; r YR r ,YR Z Sfp= �, AZ.k ✓„yy' �'f 1£ 4.t MI �l Tr77 Y2 lam"' 3'SA E' ,, 1ks, ^f R4i Y �,le 7 1 x 4' S t 5�. C._ . L _.x (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. Part VIII Page 3 of 4 • 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. Part VIII Page 4 of 4