HomeMy WebLinkAboutNCS000394_FINAL PERMIT_20170227STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
Afc�0
DOC TYPE
FINAL PERMIT
fl ANNUAL REPORT
0 APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
YYYYMMDD
Energy, Mineral &
Land Resources
rNVJR0NMENTAL QUALITY
February 27, 2017
Gilbert DuBois
Director of Operations
Town of Carolina Beach
1 121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Subject: NPDES Permit Number NCS000394
Town of Carolina Beach
Dear Mr. DuBois:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
RECEIVED
FEB 2 8 2017
CENTRAL FILES
DWR SECTION
TRACY DAVIS
Director
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 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -
7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect
the legal requirements to obtain other permits which may be required by the other State, Federal or Local
Agency.
If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-
807-6374 or mike.randall @ncdenr.goy.
Sincerely
f r Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
cc: Mike Mitchell, EPA Region IV
Central Files
ec: Stormwater Permitting Files
DEQ Wilmington Regional Office
Attachment
Nothing Compares-,,
S51ate of North Carotina I Environmental Quality I Energy. Mineral and land Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612
919 707 9200
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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, 11, III, IV, V, VI, VII and
VIII hereof.
This permit shall become effective February 20, 2017.
This permit and the authorization to discharge shall expire at midnight on February 19, 2022.
Signed this day February 20, 2017.
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000394
TABLE OF CONTENTS
PART 1 PERMIT COVERAGE
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-21S.1(b)]
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
0
PERMIT NO. NCS000394
PART I PERMIT COVERAGE
A. 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 (MS4) to receiving waters within the Cape Fear River Basin. Such discharge will
be controlled, limited and monitored in accordance with this permit and the permittee's
Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The
Stormwater Plan shall detail the permittee's stormwater management program for the five-year
term of the stormwater permit.
B. All discharges authorized herein shall be managed in accordance with the terms and conditions of
this permit. Any other point source discharge to surface waters of the state is prohibited unless it
is an allowable non-stormwater discharge or is covered by another permit, authorization, or
approval.
C. 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.
D. This permit covers activities associated with the discharge of stormwater from the MS4 within the
jurisdictional area of the permittee. The permit applies to the jurisdictional area 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 shall be approved by the
Division of Energy, Mineral, and Land Resources, herein referred to as the Division.
E. 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.
F. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable
under State and local law, the permittee must develop and implement a Stormwater Plan in
accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit and with the provisions of the Clean Water Act. Compliance with the
six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute
compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
Part I Page 1 of 2
PERMIT NO. NCS000394
H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stonnwater are also authorized through the MS4 of the permittee if
such discharges are:
1. Permitted by and in compliance with another permit, authorization, or approval, including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
2. Have not been determined to be significant sources of pollutants to the MS4 and may
include:
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• 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 firefighting activities.
3. The Division may require that non-stormwater flows of this type be controlled by
the permittee's Stormwater Plan.
I. Unless otherwise stated, full compliance with the requirements of the permit is expected
upon the effective date of the permit.
Part I Page 2 of 2
PERMIT NO. NCS000394
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittec will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to
determine implementation status and progression toward meeting the pollutant control intent of the
Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the
Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as
stringent as the annual review described herein. Voluntary assessments may be conducted by the local
government, another local government with and NPDES MS4 permit, or an independent third party and
shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas:
The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented and
position(s) assignments provided.
The permittee will implement provisions of the Stormwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the permittee implements the six minimum control measures and the
discharges are determined to cause or contribute to non -attainment of an applicable water quality
standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs
within the scope of the six minimum control measures.
The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
or is informed by the Division that modifications are needed to address any procedural, protocol,
or programmatic change, such changes shall be made as soon as practicable, but not later than 90
days, unless an extension is approved by the Division. When it notifies the Division of proposed
modifications, the permittee will include an explanation and justification of the proposed changes.
The permittee shall provide at least 30 days for the Division to provide feedback on proposed
modifications. Major modifications to the Stormwater Plan shall not take effect until approved by
be submitted to the Director for approval.
4. The permittee is required to make available its Stormwater Plan to the Division upon request. The
permittee is required to keep an up-to-date version of its Stormwater Plan available to the
Division and the public online. At a minimum, the permittee The online materials shall include
ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other
regulatory mechanisms, providing the legal authority necessary to implement and enforce the
requirements of the permit.
The Division may review reports submitted by the permittee to assure that the
Stormwater Plan is implemented appropriately to address the requirements of the permit.
The Division may require modifications to any part of the permittee's Stormwater Plan
where deficiencies are found. If modifications to the Stormwater Plan are necessary, the
Division will notify the permittee of the need to modify the Stormwater Plan to be
Part 11 Page 1 of 15
PERMIT NO. NCS000394
consistent with the permit and will establish a deadline to finalize such changes to the
program.
Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the
responsibility to implement the minimum control measures with other entities provided:
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
C. The other entity agrees to implements the control measure on behalf of the MS4.
Unless implemented by the State or where delegated by the state, the permittec remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures shall
identify specific action steps, schedules, resources and responsibilities for implementing the six
minimum measures. Written procedures can be free standing, or where appropriate, integrated
into the Storm Water Management Plan.
Part I1Page 2of15
PERMIT NO, NCS000394
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities addressing impacts of storm water discharges on water bodies and the steps the
public can take to reduce pollutants in storm water runoff.
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.
BMP
Measurable Goals
a. Goals and Objectives
Define goals and objectives of the Local Public Education and
Outreach Program based on community wide issues.
b. Describe target pollutants
The permittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall maintain a description of the target
audiences likely to have significant storm water impacts and
why they were selected.
d. Describe residential and
The permittee shall describe issues, such as pollutants, likely
industrial/commercial issues
sources of those pollutants, impacts, and the physical attributes
of stormwater runoff, in their education/outreach program.
e. Informational Web Site
The permittee shall promote and maintain, an internet web site
designed to convey the program's message.
f. Distribute public education
The permittee shall distribute stormwater educational material to
materials to identified target
appropriate target groups. Instead of developing its own
audiences and user groups. For
materials, the permittee may rely on Public Education and
example, schools, homeowners,
Outreach materials supplied by the state, and/or other entities
and/or businesses.
through a cooperative agreement, as available, when
implementing its own program.
g. Maintain Hotline/Help line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and
outreach.
h. Implement a Public Education
The permittee's outreach program, including those elements
and Outreach Program.
implemented locally or through a cooperative agreement, shall
include a combination of approaches designed to reach the target
audiences. For each media, event or activity, including those
elements implemented locally or through a cooperative
agreement the permittee shall estimate and record the extent of
exposure.
Part If Page 3 of 15
PERMIT NO. NCS000394
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
Involve the community in the development and implementation of the stormwater program by
implementing a public involvement and participation program.
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.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The permittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program.
c. Hotline/Help line
The permittee shall promote and maintain a hotline/helpline for
the purpose of public involvement and participation.
Part II Page 4 of 15
PERMIT NO. NCS000394
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
Objectives for Illicit Discharge Detection and Elimination
a. Implement and enforce a program to address the detection and elimination of illicit
discharges into the MS4.
b. Maintain a storm sewer system map, showing the location of all major outfalls and the
names and location of all waters of the United States that receive discharges from those
outfalls;
C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges
except as allowed in this permit and implement appropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm water discharges, including illegal
dumping, to the MS4;
e. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non -storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to the MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
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, charity car washes, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or
flows from firefighting activities are excluded from the effective prohibition against non -
storm water and need only be addressed where they are identified as significant sources
of pollutants to waters of the United States).
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.
BMP
Measurable Goals
a. Maintain an Illicit Discharge
Maintain a written Illicit Discharge Detection and Elimination
Detection and Elimination
Program, including provisions for program assessment and
Program
evaluation and integrating program.
b. Maintain adequate legal authorities
The permittee shall maintain an IDDE ordinances or other
regulatory mechanisms that provides the legal authority to
prohibit illicit connections and discharges.
c. Maintain a Storm Sewer System
The permittee shall maintain a current a map showing major
Map of Major Outfalls.
outfalls and receiving streams.
d. Implement a program to detect dry
The permittec shall maintain a program for conducting dry
weather flows
weather flow field observations in accordance with written
procedures.
Part II Page 5 of 15
PERMIT NO. NCS000394
BMP
Measurable, Goals
e. Investigate sources of identified
The permittee shall maintain written procedures for
illicit discharges.
conducting investigations of identified illicit discharges.
f. Track and document investigations
For each case the permittee shall track and document 1) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up of the investigation; and 4) the
date the investigation was closed.
g. Provide Employee Training
The permittee shall implement and document a training
program for appropriate municipal staff, who as part of their
normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection.
h. Provide Public Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
and improper disposal of waste.
i. Provide a public reporting
The permittee shall promote, publicize, and facilitate a
mechanism
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
j. Enforcement of the IDDE
The permittee shall implement a mechanism to track the
ordinance
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to identify chronic violators for initiation of actions
to reduce noncompliance.
Part 11 Page 6 of 15
PERMIT NO. NCS000394
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Pursuant to 40 CFR 122.35(b), the permittee may rely on the New Hanover County Sediment and
Erosion Control Program to comply with this minimum measure. The New Hanover County
Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP)
standard for 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 as authorized under the Sediment Pollution Control Act of 1973
and Chapter 4 of Title 15A of the North Carolina Administrative Code. The New Hanover County
Sediment and Erosion Control Program continues to be monitored by the State to ensure the County
effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and
Chapter 4 of Title 1 SA of the North Carolina Administrative Code.
The NCGO 10000 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 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 North Carolina Department of Environmental Quality
(NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to
meet the requirements of this paragraph.
Part II Page 7 of 15
PERMIT NO. NCS000394
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
a. Implement and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre, including
projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the small MS4. The program shall ensure that controls are in place that
would prevent or minimize water quality impacts.
b. Implement strategies which include a combination of structural Stormwater Control
Measures (SCM) and/or non-structural best management practices (BMPs) appropriate
for the community;
c. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of SCMs.
2. 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. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the permittee as approved by the
Division, the post -construction ordinances shall apply with regard to permit compliance.
BMP Measurable Goals
a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program.
The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
The pennittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other information deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for the purpose of inspecting at reasonable times any
facilities, equipment, practices, or operations related to
stormwater discharges to determine whether there is
compliance the Post -Construction Stormwater Management
Program.
Part II Page 8 of 15
PERMIT NO, NCS000394
BMP
Measurable Goals
b. Strategies which include
Strategies which include Stormwater Control Measures
Stormwater Control Measures
(SCMs) appropriate for the MS4, include, but are not limited
(SCMs) appropriate for the MS4
to compliance with 15A NCAC 02H Section .1000
effectively meets the Post -construction Stormwater Runoff
control requirements.
c. Plan reviews
The permittee shall conduct site.plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards and how the
project will ensure long-term maintenance
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stonmwater
post -construction structural stormwater control measures
control measures
installed and implemented at new development and
redeveloped sites, including both public and private sector
sites located within the permittee's corporate limits that are
covered by its post -construction ordinance requirements.
e. Deed Restrictions and Protective
The permittee shall provide mechanisms such as recorded
Covenants
deed restrictions and protective covenants that ensure
development activities will maintain the project consistent
with approved plans.
f. Provide a mechanism to require
The permittee shall implement or require an operation and
long-term operation and
maintenance plan for the long-term operation of the SCMs
maintenance of Stormwater Control
required by the program. The operation and maintenance
Measures (SCMs),
plan shall require the owner of each SCM to perform and
maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs shall be
performed by a qualified professional.
g. Inspections of Structural
To ensure that all stormwater control measures meet the
Stormwater Control Measures
permittee's performance standards and are being maintained
pursuant to the maintenance agreement, the permittee shall
develop and implement a written inspection program for
structural stormwater controls installed pursuant to the
permittee's post -construction program.
The permittee shall document and maintain records of
inspections, findings and enforcement actions and make them
available for review by the permitting authority.
Part 11 Page 9 of 15
PERMIT NO. NCS000394
BMP Measurible Goals
h. Educational materials and training The permittee shall make available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other programs and adapted to the
permittee's new development and redevelopment program.
j. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions as administered by the permittee.
This mechanism shall include the ability to identify chronic
violators for initiation of actions to reduce noncompliance.
3. Post -construction Stormwater Runoff Controls for New Development
a. In order to fulfill the post -construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its
own comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure required by 40 Code of Federal
Regulations § 122.34(b)(5) (1 July 2003 Edition).
b. The permittee shall meet the requirements of the post -construction program for
construction projects that are performed by, or under contract for, the permittee. To meet
this requirement, the permittee may either develop the necessary requirements for post -
construction controls that will pertain to their own projects, or develop procedures to
ensure that the permittee meets these requirements by complying with another entity's
Phase II Stormwater Management Programs for post -construction. If the permittee
decides to rely on another program for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Program that the pennittee
will fully comply with the requirements of the second party's post -construction programs.
C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters,
permittees, delegated programs, and regulated entities must use stormwater control
measures (SCMs) that reduce nutrient loading in order to meet local program
requirements, while still incorporating the stormwater controls required for the project's
density level. Documentation shall be provided where it is not feasible to use
stormwater control measures (SCMs) that reduce nutrient loading. In areas where the
Department has approved a Nutrient Sensitive Water Urban Stormwater Management
Program, the provisions of that program fulfill the nutrient loading reduction
requirement.
d. The design volume of SCMs shall take into account the runoff at build out from all
surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be
sized to treat and control stormwater runoff from all surfaces draining to the SCM
including streets, driveways, and other impervious surfaces.
Part II Page 10 of 15
PERMIT NO. NCS000394
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
a. Implement an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
Z. 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.
BMP
Measurable Goals
a. Inventory of municipally
The permittee shall maintain, a current inventory of facilities and
owned or operated facilities
operations owned and operated by the permittee with the potential
for generating polluted stormwater runoff.
b. Operation and Maintenance
The permittee shall maintain and implement, evaluate annually
(O&M) for municipally owned
and update as necessary an Operation and Maintenance (O&M)
or operated facilities
program for municipal owned and operated facilities with the
potential for generating polluted stonnwater runoff. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures
The permittee shall have written spill response procedures for
municipally owned or operated facilities.
d. Streets, roads, and public
The permittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff from municipally -owned
streets, roads, and public parking lots within their corporate limits.
The pennitte must evaluate the effectiveness of these BMPs based
on cost and the estimated quantity of pollutants removed.
f. Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -
the stormwater sewer system including catch basins and
owned or maintained catch
conveyance systems that it owns and maintains.
basins and conveyance systems
d. Identify structural stormwater
The penmittee shall maintain a current inventory of municipally -
controls
owned or operated structural stormwater controls installed for
compliance with the pernittee's post -construction ordinance.
Part II Page 11 of 15
PERMIT NO. NCS000394
BMP
Measurable Goals
e. O&M for municipally -owned
The permittee shall maintain and implement an O&M program for
or maintained structural
municipally -owned or maintained structural stormwater controls
stormwater controls
installed for compliance with the permittee's post -construction
ordinance.
The O&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittee shall inspect and maintain municipally -owned or
maintained structural stormwater controls in accordance with the
schedule developed by permittee. The permittee shall document
inspections and maintenance of all municipally -owned or
maintained structural stormwater controls.
f. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures for applicators are followed.
g. Staff training
The permittee shall implement an employee training program for
employees involved in implementing pollution prevention and
good housekeeping practices.
h. Prevent or Minimize
The permittee shall describe and implement measures to prevent
Contamination of Stormwater
or minimize contamination of the stormwater runoff from all areas
Runoff from all areas used for
used for vehicle and equipment cleaning.
Vehicle and Equipment
Cleaning
Part II Page 12 of 15
PERMIT NO. NCS000394
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs)
Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of
concern in accordance with approved Waste Load Allocation (WLAs) assigned to
stonnwater in an approved TMDL.
The Permittee shall comply with the requirements of an approved TMDL.
Within 12 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.
4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.
5. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of activities expected to occur and when the activities are expected
to occur.
If there was no storm water waste load allocation in the TMDL, in lieu of developing a
Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or
expand BMPs within the scope of the six minimum measures to enhance water quality
recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwater
Management flan and annual reports.
Part 11 Page 13 of 15
PERMIT NO. NCS000394
SECTION I: ELECTRONIC REPORTING OF REPORTS ]G.S. 143-215.1(b)]
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015.
These federal regulations require electronic submittal of all MS4 program reports by no later than
December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then
permittees must submit monitoring data and reports electronically to the U.S. Environmental Protection
Agency (EPA).
This special condition supplements or supersedes the following sections within Part IV of this
permit (Reporting and Record Keeping Requirements):
• Paragraph 1.
• Paragraph 3.
• Paragraph 8.
Records
Annual Reporting
Report Submittals
Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)]
Starting on December 21, 2020, the permittee shall electronically report the following compliance
monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III
2., Program Assessment annual report)
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
4. Electronic Submissions [Supplements Part IV, Paragraph 8.]
In accordance with 40 CFR 122.41(I)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use EPA's website resources to identify
the initial recipient for electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPDES program) that is the designated entity for receiving 'electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at: https://www.epa.gov/compliance/final-national-pollutant-
discharge-elimination-system-nodes-electronic-reporting.-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittee must electronically submit MS4 annual program reports no later than the
15" of the month following the completed reporting period. The permittee must sign and certify
all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (e.) of this
permit.
Part 11 Page 14 of 15
PERMIT NO. NCS000394
How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
httl2:Hdeg.nc.uov/about/divisions/water-resources/edmr
6. Records Retention [Supplements Part IV, Paragraph 1.]
The permittee shall retain records of all Program Assessment annual reports, including electronic
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Part II Page 15 of 15
PERMIT NO. NCS000394
PART III PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Permittee's Stormwater Plan.
A. 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. 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 upon request.
B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness to the maximum extent practicable. The permittee shall develop and implement a
plan and schedule to address the identified modifications and improvements. The permittee must
submit annual reports to the Department within twelve months from the effective date of this
permit. Subsequent annual reports must be submitted every twelve months from the scheduled
date of the first submittal. Annual reports that 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:
l . The permittee will give a detailed description of the status of implementation of the
Stormwater Plan as a whole. This will include information on development and
implementation of each major component of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
2. 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.).
3. The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
4. 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.
5. The annual report shall include an assessment of compliance with the permit, information
on the establishment of appropriate legal authorities, inspections, and enforcement
actions.
C. The Director may notify the permittee when the Stormwatcr Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7
(c) 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.
D. The Division may request additional reporting information as necessary to evaluate the progress
and results of the permittec's Stonnwater Plan.
Part 111 Page 1 of 1
PERMIT NO. NCS000394
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis. The
annual report shall document:
a. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
C. Planned activities and changes for the next reporting period, for each program
component or activity.
d. Fiscal analysis.
2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements
satisfy the annual reporting requirements of this permit to the extent that the reports
satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1,
Electronic Reporting [g.s. 143-215.1(b)] of this permit
3. Completion and submittal of the reporting information contained within the online BIMS
Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5,
Part IV, paragraph B 3 (c) and Part II Section 1, Electronic Reporting [g.s. 143-215.1(b)]
of this permit through 2020.
4. Posting the results on the permittee website of the assessment process as established by
the Stormwater Association of North Carolina (SWANC), NC APWA and their partners
as conducted by another local government, a third party, or a self -assessment, satisfy Part
III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic
Reporting [g.s. 143-215.1(b)] of this permit.
C. Twenty-four Hour Reporting
The permittee shall report to the Division any noncompliance that may constitute an imminent
threat to health or the environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes, the
period of noncompliance and if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting; information on a more frequent basis as deemed
Part IV Page 1 of 2
PERMIT NO. NCS000394
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
E. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
F. Planned Changes
The permittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan; or where the modification could significantly change the timeframe for implementation of
parts of the program or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
All applications, reports, or information, other than those submitted electronically, shall
be signed by a principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
a. The authorization is made in writing by a principal executive officer or ranking
elected official;
b. 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 environmentallstormwater
matters; and
C. The written authorization is submitted to the Director.
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. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part 1V Page 2 of 2
PERMIT NO. NCS000394
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Duty to Comply
The permittee shall 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.
The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$37,300 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
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
$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 of any Class II penalty not to exceed $137,500).
Part V Page I of 5
PERMIT NO. NCS000394
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 5
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 filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any discharge that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a
review of the Stormwater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
Part V Page 3 of 5
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. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.
2. Need to Halt or Reduce 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 5
PERMIT NO. NCS000394
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
1. 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 pennittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;.
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the permittee.
2. 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 Energy, Mineral, and Land
Resources. 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 5 of 5
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 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part V I Page 1 of 1
PERMIT NO. NCS000394
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee shall 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 V11 Page 1 of 1
PERMIT NO. NCS000394
PART VIII DEFINITIONS
Act
See Clean Water Act.
2. Best Management Practice BMP
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
Built -upon Area
"Built -upon area" or'BUA" has the same meaning as in G.S. 143-214.7.
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.
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 Environmental Quality.
Division (DEMLR)
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
Part VIII Page 1 of 5
PERMIT NO. NCS000394
EMC
The North Carolina Environmental Management Commission.
10. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
1 l . Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
(a) Located in an incorporated place with a population of 100,000 or more as determined by the
Decennial Census by the Bureau of Census; or
(b) Located in the counties with unincorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and
that are designated by the Director as part of the large or medium separate storm sewer
system.
13. Major municipal separate storm sewer outfall (or _'major outfall")
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate 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).
14. MEP
MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says
that "Compliance with the conditions of the general permit and the series of steps
associated with identification and implementation of the minimum control measures will
satisfy the MEP standard." Minimum control measures are defined in the Federal
Register as (1) public education and outreach, (2) public participation/involvement, (3)
illicit discharge detection and elimination, (4) construction site runoff control, (5) post -
construction runoff control, and (6) pollution prevention/good housekeeping.
Part VIII Page 2 of 5
PERMIT NO. NCS000394
15. Minimum Design Criteria (MDC)
"Minimum Design Criteria" or "MDC' means the requirements set forth in 15A NCAC 02H .1050
through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post -
construction monitoring and evaluation necessary for the Department to issue stormwater permits that
comply with State water quality standards adopted pursuant to G.S. 143-214.1.
16. 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 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
17. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittec shall 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, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting 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).
18. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
Part VIII Page 3 of 5
PERMIT NO. NCS000394
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.
19. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
20. Permittee
The owner or operator issued this permit.
21. 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.
22. Redevelopment
"Redevelopment" has the same meaning as in G.S. 143-214.7.
23. Representative Storm Event
A storm event that measures greater than 0.1 inclies of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
24. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
25. Stormwater Associated with Industrial Activit
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.25(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
Part VI11 Page 4 of 5
PERMIT NO. NCS000394
26. Stormwater Control Measures (SCM)
"Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a
permanent structural device that is designed, constructed, and maintained to remove pollutants from
stonnwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by
promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination
thereof.
27. Stormwater Management Program (SWMP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase I1 regulations to be developed by MS4
permittees.
28. Stormwater Plan
The Stormwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stormwater management
program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following;
rainfall or as a result of snowmelt.
30. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Part VIII Page 5 of 5
- t�A
CC"'
.
® NCDENR
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
.7
February 15, 2007
Steve Pagley
Director of Public Works
1121 N. Lake Park Blvd.
Carolina Beach, North Carolina 28428-4130
Subject: NPDES Permit Number NCS000394
New Hanover County, Town of Carolina Beach
Dear Mr. Pagley;
In accordance with your application for a storrnwater discharge permit received on February 28,
2003, and as amended, we are forwarding herewith the subject NPDES permit. This permit is issued
pursuant to the requirements of North Caroliha-General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the US Environmental Protection agency dated May 9, I994 (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
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.
Tlvs 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 govc=cntaI 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.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Niles
DWQ Regional Office
Sincerely,
t>IC_
Alan W. Klimek, P.E.
1617 Mail Service Center, Raleigh, N6rth Carolina 27699.1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 N 0 -iCaTOi1.I a
Phone: 919-733-7015IFAX:919.733-2496/Internet: h2o;enr.state.nc.us /
A1/y T11 v, II1/
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERA41T 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 Jurisdictional Area
New Hanover County
to receiving waters of the State, within the Cape Fear River basin in accordance with the discharge
linvtations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and
VM 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, Yl., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
0
0
PERMIT NO. NCS000394
'f®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: PUI3LIC INVOLVEMENT AND PARTICIPATION
ION
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
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART Vill DEFINITIONS
0
PERMrr NO. NCS000394
0
PART I PERAUT COVERAGE
During the period beginning on the effective date of the permit and Iasting until expiration, the
Town of Carolina Beach is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to Feceiving.waters of the State within the Cape Fear River Basin. Such
discharge will be controlled, limited and monitored in accordance with the pernmittee's
Comprehensive Stormwater Management Program, herein referred to as the Stormwater Plan.
The Stormwater Plan must detail the pertnittee'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 goals 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 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.
3. This permit does not relieve the perinittee 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 pennittee 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 permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
b. 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.I and Session Law 2004-
153 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 maximuin 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 maximu.ih 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 I of 2
® PERMIT NO. NCS000394
f
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. hi
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 impaci 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 (coercial/residential);
• irrigation waters (does not include reclaimed water as described in 15, NCAC 2H
.0200);
springs;
water from crawl space pumps;
footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
decblorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controIIed by the
perinittee's Stormwater Plan'.
Part I Page 2 of 2
PERMIT NO. NCS000394 •
PART If . FINAL LLM.ITATIONS AND CONTROLS FOR PERNHT-TED DISCHARGES
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 Stonnwater Plan.
2. The permittee's Stonnwater 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 Storri7water PIan will occur wit12 emphasis
given to priority areas and to management measures and programs that are most effective and
efficient a# varying stages of the plan's implementation.
3. 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 permitted 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 permitted will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stormwater'discharge permit and the Stonnwater Plan.
6. The permitter will implement a program to reduce pollution from consiruction site runoff as
described in the Siormwater Plan and in accordance with this permit,
7. The permittee will implement a post-constnzction site runoff control program to,regulate new
development and redevelopmen( by requiring structural and rion-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.
S. 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 stormwatcr pollution.
9. Proposed permit modifications must be submitted to the Director for approval.
10. If the permitted MS4 becomes subject to an approved TMi)L, and following notice of such by
the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The
following additional requirements apply. e
(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 I of 14
PERMIT NO. NCS000394
r
identify the locations bf all cm-rently 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 maybe discharging the pollutant(s)
of concern: to the iihpaired'stream segments, to their tributaries, and to segments and
tributarics within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall develop a wordtoring plan"for each pollutant of concern;. The
nnonitoring plan shall include the sample location by verbal' description and latitude and
longitude coordinates, sample type, frequency, any seasonal considerations, and a
monitoring implementation schedule for each pollutant of concern. Where appropriate,
the permittee may reduce the monitoring burden, by proposing to monitor outfalls that the
Division would consider substantially similar to other outfalls.. The permittee may also
propose in -stream monitoring where it would complement the overall monitoring plan.
The monitoring plan shall be adjusted as additional outfalls arc identified isi accordance
with the schedule required in (a) above and as accumulating data inay suggest..
(c) The pernittee shall, include the location of all currently known MS4 outfal.is with the
potential of discharging the polIutant(s) of concern, the schedule for discovering and
® locating currently link.nown 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 dine no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
,®
(d) The next and each subs equcnt.Stormwater Management Plan annual report shall include
an assessment of the available data for each pollutant of concern, and an assessment of
the effectiveness of the BMPs employed, to determine what, if any, additional BMP
measures may be necessary to return the impaired segments to compliance with state
water quality standards. The pert ittee shall implement appropriate Bws to control the
polfutant(s) of concern to the maximum extent practicable. Impleti2entation of the
appropriate best management practices constitutes compliance with the standard of .
reducing pollutants to the maximum extent practicable:
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
.program. The permittee shall incorporate the revised TMDL Water Quality Recovery
Program unto the Stormwater Management Plan.
The permittee 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.
D--- ') -.r 1 A
PERMIT NO. NCS000394
SECTION B: PUBLIC EDUCATION AND OUTRE ACH-
I Objectives for Public Education and Outreach
(a) Distribute educational. materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater Pollution,
(d) Inform the public on step's they can take to reduce or'prevent stormwater pollution.
2. BM Ps for Public Education and Outreach
Tht pernaittee 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.
JUE
a.
A R
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(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) In.f6rmational Web Site Promote and maintain ihtemc't web site,
X
Examples include, but are not limited to: Post
nelArslett er.articles on stormwater, information
on water quality, stormwater projects and
ways to cent stormwater activities, and . contact stowater a
manageme . nt program staff.
(d) Develop and distribute Develop general stormwater educational
X
public education ma , terial to appropriate target groups as likely
materials to identified to have'a'significa:nt stormwater.impact.
user groups. For Instead of developing its own materials, the
example, schools, pr"Unittee may rely on siate-supplie'd 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 fot each broadcast media like radio and
TV, (including those elements imp] cmented
locally or through- abooperative agreement).
0
Page 3 of 14
1 S
PERMIT
NO.
NCS000394
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(1) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at,least two of the £oll.owing:
permit issue date.
+ Newspaper articles, press releases
and/or paid advertisements (i.e., inserts)
+ Kiosks and signage
+ Targeted direct niail
+ Displays 'at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least fwo of the following:
+ Public meetings
a 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
6 Workshops and class room outreach.'
+ Distributing promo_ tiorzal 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.
PERMIT NO, NCS000394
SECTION C:: PUBLIC 1TNV0LVEMENT AND PARTT_CIPATION
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. BM -Ps for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the -Division prior to modification of any goals.
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(a) Administer a Public '
Develop and implement a Public Involvement
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (e) below.
(b) Allow the public an
Conduct at ]cast one public meeting in'yeat 2
X
opportunity to review and
to allow the public an opportunjty to review
comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and.implernent a volunteer
X .
community involvement
stormwater 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.
(e) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
line
•
•
e
Page 5 of 14
oPERMIT NO. NCS000394
SECTION D: ILLICIT DISC$ARGE DETECTIGN AND ELlMUTATION
I.. Objectives for Illicit Discharge Detections and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping to the
Pertnittee's MS4.
(b) Address significant contr bu'tors of pollutants to tho MS4. The permittee inay require
specific controls for a category of discharges, or prohibit that discharge completely, if
one ok more of these categories of sources afire identified as a significant contributor of
pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a map showing the perniittee'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.
z. BMPs for Illicit Discharge Detection and Elimination
® The pennittee shall implement the following BMPs tdmeet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify tho Division prior to modification of.any goals.
I3 ,;S
, • r Measu> able G�oalss' '" 01f
°rm'
0`141,
J
(a) Develop/Implement Illicit
Develop and implement 'an Illicit Discharge
X
Discharge Detection and
Detection and Elimination Piograin including
Elimination Program
provisions for program .assessment and
evaluation:
(b) Establish and maintain
Establish and maintain adequatd ordinances
X
appropriate legal
or other legal autliorities 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
storniwaier drainage system components. At
Inventory of Major
a minimum, components include'major
OutfalI.
outfalls and receiving streams, Established
procedures to continue to identify, locate, and
update reap 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 be properly permitted.
PERMIT NO. NCS000394
e
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(e)Employee training
Couduct training for appropriate'municipal
X
staff on detecting and reporting illicit
discharges.
(f) 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 fo 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.
planningjuris.diction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
e
e
Page 7 of 1.4
PERMIT NO. NCS000394
SECTION E: CONSTROCTION SITE RUNOFF CONTROLS
L , Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stornwater runoff from construction activities disturbing one or
more acres of land. surface and those activities Iess than one acre that and 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 criforcenient of control measures.
2. 13MPs for Construction Site Runoff Controls
(a) The pennittee relies on New Ilanover County to comply with thus minimum measure.
The New 1.1anover County Sediment and Erosion Control Program effectively meets the
requirements of the Construction Site Runoff Controls by penz�itting 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 pIan of development. This program
includes procedures for public input, sanctions to ensure compliance, requirements for
® constrution 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 pe=r ttce shall provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittec may
implement a plan promoting the existence of the NCDENR, Division of Land Resources
"Stop Mead" 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.
LJ
PERMIT NO. NCS000394
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
L Objectives for Post -Construction Site Runoff Controls
(a) Manage storrnwater runoff from new development redevelopment ment that drains to the
C� ' ' .
MS4 and disturbs an acre lot more of land surface, including projects less than an acre
that are part of a larger.cornmon plan of development or sale.
(b) Provide -a mechanism to require long term operation and maintenance of BMPs.
(c) Ensiirc 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 objc6ti'ves of the Post -Construction
StoiTnwater Management Program.
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(a) Establish a Post-
Develop and adopt ley ordinance (or'shnilar X
Construction Stormwater
regulatory mechanism).a program to address
Management Program
stormwater runoff from new development and
redevelopment. Iniplemehfand enforce the
prograin within 24 months of the permit issue
date.
Establish strategies which
Develop,sitrategies that inclu . de a combination 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
(i.e., someone trained and certified by NC
State for BM_P Inspection.& Maintenance),
(c) Establish a program
Coordinate with County health department to X
under the Post-
control the known- sourc6'of fecal coli forrii to
Construction minimum
the maximum extent practicable. �mplemcrit
measure to control the
within 24 months of the permit issue date.
sources of fecal coliform
to the maximum extent
practicable
(d) City Code, Pennitting
Ensure development activities will rnaintain X
Regulations, Easement,
the project consistent with approved plans.
and/or Deed Restrictions
and Protective Covenants
40
0
Page 9 of 14
1 •r
PERMIT NO. NCS000394
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(c) Operation and Implement or require an operation and
X
Maintenance Plan maintenance plan that ensures the adequate
long-terai operation of the structural BIvI.P$
required by the program. The operation and .
naintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on. each structural BMP
annually to the local prograin.
(f) Setbacks for Built -upon Require built -'Upon areas to be located at least
X
Areas 30 feet landward of all perenrnial and
intemuttent surface waters except as provided
for in the Permittee's approved.'Post-
Construction Stormwater Ordinance. For
purposes of this section, a surface water shall
be present if the feature. is shown on either the
most recent version of the soil sz�xvey 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
Cniied States Geologic Survey:(USGS).
Relief from this requirement inay be allowed
when surface waters are 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-1) — 15A NCAC 2B.0212.
(2) Water Supply Watershed U (WS-I1) — 15A NCAC 2B.0214.
(3) Water Supply Watershed M (WS-III) — 15A NCAC 2B.0215.
(4) Water Supply Watershed IV (WS-IV) —15A NCAC 2B.0216.
(5) Freshwater Nigh Quality Waters (HQW) -15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) - 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 2B.0235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-
15A NCAC 2B.0258.
(9) The Randleman Lane Water Supply Watershed Nutrient Management Strategy --
15A NCAC 213.0251,
(b) In order to fulfill the post -construction mimeasure 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 theDepartment's •
a 1� p
guidance on scientific and engineering standards for best management 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) Permittees 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 of 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 if it contains no more than twelve percent (12%) built -upon
area. A proj ect that is not located within one-half mile of Shellfish Resource
Waters is a low -density project if it contains no.more than twenty-four perccnt
(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, bioreiention 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'exeeeds the post -construction model practices for
low -density projects and locates the higher density in upland areas and away
from surface waters and drainageways to the maximum extent practicable.
(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 frorim the first one and one-half inches of rain.
fn addition, projects that are located within one-half mile and draining to
Shellfish Resource Waters must control and treat the difference in the
stormwater nmoff from the predevelopment 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
predevelopment discharge rate for the one-year, 24-hour storm.
C. Remove an eighty-five percent (85%) average annual amount of Total
Suspended Solids.
D. Meet the General Engineering Design Criteria set out in 15A NCAC
02H .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 11of14
ePBRMIT NO. NCS000394
(d) For areas draiiung to Class SA waters, permittees, 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 littcr 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 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 stormwatei discharge through existing outfalls to Class SA
waters: Diffise Sow of stormwater at a nofierosive velocity to a vegetated buffer
or other natural'area capable of providing effective infiltration of the runoff from
S 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 PREVENTIDN AND GOOD HOUSEKEE!'LNG FOR-HUN'ICITAL,
OPERATIONS
Objective for Pollution Prevention and Good lousekeeping for Municipal Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMP`s for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The perrnittee 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.
[�'k'b ��` `k f.. Syr t- ^�F � ��� �. � k P,Y:L '1 �, •:k. � p_ A� ` -' i`is
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(a) Develop an operation and Develop an operation and maintenance
X
maintenance program program for structural stormwater BMPs ,
storm sewer system maintenance which may
include street sweeping and municipal
operations such as recycling and household
hazardous waste and bil collection.
(b) Develop Site Pollution Develop and implement Site Pollution.
X
Prevention Plan for Prevention Plan for Municipal Paeilities
Murdtipal Facilities owned and operated by the permittee with the
potential,for generating polluted stormwater
runoff that has the ultimate goal of preventing
or reducing pollutant runoff_
(e) 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 ,
BMPs. MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of pbllutcd
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document defciencies, 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.
e
E
Page 13 of 14
•
E
PERMIT NO. NCS000394
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(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
permit owned and operated by the permittee.
activities
Review'the following aspects: the Storinwater
Pollution Prevention Plan where one is
required, the time! Bess of any monitoring
reports required by the Phase f 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 perrnittee 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 f7roin
all areas used for vehicle and equipment .
.all areas used for Vehicle
cleaning. Perforni all cleaning operations
and Equipment CIeaning
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 cquivaIent measures: If sanitary sewer is
not available to the facility and clearing
operations take place outdoors, the cleaning
operations shall take place on grassed or
gravcicd"areas to"prevent.paiint source
discharges. of the wastewater into the storm
drains or surface waters.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess poiided
water shall be removed and properly Handled
prior to removing the drain cover.
The point source'discharge of vehicle and
equipment wash waters, izicluding 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
is
PART III PROGRAM ASSESSMENT
1. Implementation of the.Stormwater Plan will include documentation of all program components
that are being undertaken iiieli ding, but not,liinited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other'stormwater
activities. If mouitoringand'samp' ling 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 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 acci,irately describe the progress, status, and results of the
permittee's Stormwater Plan and will include, but is not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of the
Stormwater Plan. This will include information on development and implementation of
all components of the Stormwater Plan for the past year and schedules and plans for the
year following each report.
(b) The permittee will adequately deseribe 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 pern-ittec 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 flan 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 vidicates 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 PIan.
(f) The permittee will provide a su.=ary of activities undertaken as part of the Stormwater
PIan 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
3.' The Director may notify the permittee wheri the Stoawater PIan does not meet one or more of
the requirements of tl�e permit. Within 30 days of
rnsuch notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Flan 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 certificatioinn writing (in accordance with Fart
1V, Paragraph 2) to the Director that the changes have been rhade. Nothing in this paragraph shall
be construed to limit the Director's ability to conduct enfoiceinent actions for:violations of this
permit.
4. The Division may fequest additional reporting information as necessary to assess the progress
and results of the permittce's Stormwater Plan.
•
PERMIT NO. NCS000394
•
PART IV RuoRTING AND RECORD KEEPING R-E, QUMEMENTS
I. Records
The permittee shall retain records of all information required by tl}is permit for a period of at
least S 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. .
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.
I617. Mai] Service Centex
Raleigh, North Carolina 2 769 9-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a principal
ex_ ecutive officer, ranking elected official or duly anthoriz_ed 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 environmentallstormwater
matters; and
(iI'D ' Tha'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 niy 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, theinformation 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."
0
Part IV Page 1 of 2
S
3.
4
5.
G.
7.
•
PERMIT NO. NCS000394
Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittce 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 off ce or the appropriate regional office any
noncompliance that may constitute an imminent threaf-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 tune the
permittee becomes aware of the circumstances. '
The written submission shall contain a description of the noncoiaipliance, and its causes; the
period of noncompliance, including exact dates and times, add if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ. Permittees are encouraged to use the state on-line reporting system for
annual reporting.
Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of tbe'permittee's Stormwater Plan,'or for the entire Program,
Other Information
Where the pehnittee 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
PERMIT NO. NCS000394 e
PART.V STA2�DA.RD CONDITIONS
SECTION A: COMPLIANCE AI\'D LIABILITY
Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the CIean Water Act and is grounds far enforcement action; for permit
tenrdhation,' revocation and reissuanee, or modification; or denial of permit coverage upon
renewal application:
(a) The permittee shall comply'with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants w' ithin the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000,per day of violation, or •
imprisonment for not more than I 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 i' risonm6ht for not mare than 3 ycars, or both: Also, any person who
violates a permit condition may be assessed an administrative penalty not to.exceed
$1 I,0.00 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
Gencral Statutes 143-215.6A]
(d) Any person inay be assessed an admiristrative penalty by the Administrator for violating
sections 301, 3021 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 Improvemenf Act (31 U.S.C. §3701 note)
(currently $11,000 per, violation, with the maximum amount of any Class.I penalty
assessed trot to'ezceed,$27,500). Pursuant to 44 CFR Part),.and the Act, penalties for
CIass II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and l C the Federaivil'Penalties Inflation Adjustment Act (28
.U.S.C. §2461 no as ame,iided by the Debt CollectionIm' ' rovement Act (31 U.S.C.
§3701`note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $137,500).
Part V Page I of 6
3
0 S.
PERMIT NO. NCS000394
Duty to Alitigate
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.
Civil and Criminal Liability
Nothing in this peripit shall be construed to relieve the pern�iittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A; 143-215.68,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the pennittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended:
Oil and ffaiardous Substance Liability
Nothing in this permit shall be construed.to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to. under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Property Riglits '
The issuance ofhis perznii does not convey any property,nghts in•either real or personal
property, or any exclusive privileges, nor does it authorize any injury to.private property or any
invasion of personal rights; nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision -of this permit, or the application
of any. provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall finish 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 determine compliance with this
l ermit. 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
• impris6nme6t 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.
PERMIT NO. NCS000394 0
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.shalI. upon conviction, be punished by a fzne 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
r
SECTION B: OPERATION AND I\LAINTENANCE 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.
•
PERMIT NO. NCS000394
•
SECTION C: MONITORING AND RECORDS
Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
chaiacteristic 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 paints 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. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCG,S 143-215.63 ct. scq, 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 CVR 136,
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting Ievels and all data generated must be reported down to the
minimum detection or lower reporting Ievel of the procedure.
4. Inspection and Entry
The pemiittee 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 permittec's prenuses 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.
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PERMIT NO. NCS000394 .
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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 Div�isibn 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 impbsition'of crimirial 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 V1 LDETATIONS REOPENER
The issuance of this permit does not prohibit the Director from raope�iing 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
Adna W strative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
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Part VI Page 1 of I
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PER-Mfr NO. NCS000394
PART VII ADMINISTERING AND COMPLTANCE.MONITORING FEE REQUIREMENTS
The pemnittee must pay the administering and compliance monitoring fee within 30 (thirty) days after
being billet} by the Division. Failure to pay'the fee in a timely manner in accordance with I SA NCAC
21-I.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of 1
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PERMIT NO. NCS000394
PART VM DEFINITIONS
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
plannirig (see non-structural BMP).
Built -upon Area
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to; buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swirruning 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.
CIean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Common Plan of Development
A construction or land disturbing activity is part of a larger comman.pian of development if it is
completed in one or more of the following ways:
• In separate stages
• ; Tn.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, dravaing, plats, blueprints, marketing plans,,
contracts, pezznit application, zoiung 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 (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
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Part VIII Page 1 of 4
PERMIT NO. NCS000394
S. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. 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.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Wafer Act.
12. Illicit Discharge
Any discharge to a MS4 that is not.composed entirely,of stormwater except discharges pursuant
to an NPDES permit (other than the NPI)ES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
03. Industrial Activity
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For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CPR 122.26.
14. Maior municipal seoarate storm sewer outfall for "major outfall'
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of.more than 50 acres); or for municipal separate 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 thai2 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 VTII Page 2 of 4
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PERMIT NO. NCS000394
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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 (POTWi) as defined in 40 CFR
122.2
Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the perniittec 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).
Non-structural BMP
Non=structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
Outfall
Outfall means a point source as defined by 40 CPR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances'which
connect segments of tlae same stream or other waters of the United States and are used to convey
waters of the United States.
Permittee
The owner or operator issued this pennit. i
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PERMIT NO. NCS000394
Point Source Discharge of Stormwater
Any discernible, coafined and discrete conveyance includ n 91
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;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stonnwater control than the previous development.
Stormwater Runoff S
The f'oW of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Total Maximum Daily Load (TMDQ
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 pollutants sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The imnpleinentation 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 arid TMDL programs.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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Part Vffi Page 4 of 4
E�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael E. Easley, Governor William G. Ross, Jr,, Secretary
Alan W. Klimek, i'.E., Director
Steve Pagley
Director of Public Works
1121 N. Lake Park Blvd,
Carolina Beach, North Carolina 28428-4130
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40iI
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u
7 Mail Service Center, Raleigh, North Carolina 27E99-1617
N. Salisbury St., Raleigh, North Carolina 27604
me: 919.733-70161 FAX: 919.733-24961Internet: 12c.emstatem,us
NohCarolina
'A7.y1-f.N,y//,.