HomeMy WebLinkAboutNCS000406_OTHER_20060228STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
0 U
DOC TYPE
El FINAL PERMIT
fl ANNUAL REPORT
0 APPLICATION
MPLIANCE
VO
HER
DOC DATE
❑
YYYYMMDD
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
Receiving; Strewn:
River Basin:
Stream Classification:
Proposed Permit Requirements
Compliance Schedule:
Basis for Monitoring:
Basis for Other Requirements:
Response Requested by (Date)
DOCUMENTS REVIE-IN E-1)
t
I
Michael F. Easley, Governui
William G. Ross 7i., Secretary
North Carolina Department of l5iviuo
mmrnt and Natural Rtsourres
Alan WKlimek. P. E. Director
Division of Water Qkullily
Colceu 11. soIlins, Deputy Ditector
Division of Wmer Qnalily
STAFF REVIEW AND EVALUATION
NPDES Stornmater Permit
Town of Wilmington
NC S 000406
Town of Wilmington
Municipal Separate Storm Sewer System
Smith Creek, Burnt Mill Creek, Greenfield Creek. Greenfield Lake,
Barnards Creek, Howe Creek, the Intracoastal Waterway. Bradley
Creek, Hewletts Creek, and Whiskey Creek
Cape bear River Basin
C, Sw, SC, ORW, HQW, SA, NSW
See attached draft permit
See fart V, Section A of the attached draft permit
Not applicable
Not applicable
Aps-it 13. 2006
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 7, 2003 is
sufticient to issue all Individual Stormwater Permit.
Prepared by (Signature)
Storrnwater and General P
Concurrence by Regional (
Water Quality Supervisor
1)atc I Zap
Dale,22/ & 71noA;;�
I):Ite
Date
N. C. Division of Watcr Quality 1617 Mail Scrvicc Cenic:r Raleigh, North Carolina 27699-1017 (919) 733-5083
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NCDEt�fFt
Customer Service
1-877-623-674S
OF WArF9 •
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David B. Mayes, P.E.
Stormwater Services Manager
City of Wilmington
F.O. Box 1810
Wilmington, North Carolina 28402
Dear Mr. Mayes:
Michael F. Easlcy, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
' Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 17, 2006
Subject: NPDES Permit Number NCS000406
Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit
for the City of Wilmington.
In a letter dated May 18, 2005, the Director, in response to the great volume of concern
expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing
low density impervious surface limits, directed DWQ staff to withhold issuance of individual
Phase 11 permits for communities within the Coastal Counties until such time that a review of the
effectiveness of the proposed post -construction stormwater control measures in the draft Phase II
Permits and the existing State Coastal Stormwater Program could be completed. DWQ has
decided to move forward with drafting Phase lI Permits for the coastal.communities.
Specifically for the coastal communities, we are purposing development activities located
with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the
runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except
for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all
perennial and intermittent surface waters. Redevelopment activities that meet the provisions of
15A NCAC 211.1002(14) shall not be required to comply with these specific requirements.
Purposed structural stormwater controls include the following criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but
no slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the pre -development
discharge rate for the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c).
We believe that this draft permit will provide your community with the flexibility vital for
your community, while at the same time safeguarding and protecting our natural environment for
future generations of North Carolinians.
TINT..AS
,�ICDEhR
N. C. Division of Water Quality . 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6749
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. Please provide your comments by
Thursday, April 13, 2006. You will also have an opportunity to submit comments during the
public comment period. If you have any questions about this draft permit don't hesitate to contact
me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801.
Sincerely,
Micheal F. RandaIl
Environmental Engineer
Stormwater and General Permits Unit
cc: Stormwater and General Permits Unit
Wilmington Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000406
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by t�h&rNo 1kZCaarolinaEnvironmental
Management Commission, and the Federal Water Pollution Control Act, As"
Management
City of Wilmington ;4
is hereby authorized to discharge stormwater from their muriic pa sepal to storm sewer system located:
within the City of Wil
New Ho
to receiving waters, Smith Creek, Burnt Mill,C
Howe Creek, the Intracoastal Waterway, Brad]
Cape Fear River Basin in accordance with" the
conditions set forth in Parts 1, II, III,1') VI,
This permit shall become effective Month Day, Year.
Area
•enfield Creek, Greenfield Lake, Barnards Creek,
Hewletts Creek, and Whiskey Creek within the
limitations, monitoring requirements, and other
VIII hereof.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
•
SPERMIT NO. NCS000406
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPA\TION ..
SECTION D: ILLICIT DISC14ARGE DETECTION ANDELIMINATI.O_ N
SECTION E: CONSTRUCTION SITE RUNOFF CONTRO S I
zt1, A
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTIOMAND GOD`HOUSEKEEPING FOR MUNICIPAL
OPERATIONS X,.:4
PART III PROGRAM ASSESSMEN'INAX.
PART IV REPORTING AND RECOR+EEPING 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 VIII DEFINITIONS
8
• • PERMIT NO. NCS000406
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
City of Wilmington is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters, Smnith Creek, Burnt Mill Creek, Greenfield Creek,
Greenfield Lake, Barnards Creek, Howe Creek, the Intracoastal Waterway, Bradley Creek,
Hewletts Creek, and Whiskey Creek, within the Cape Fear River Basin. Such discharge will be
controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater
Management Program Report, herein referred to as the Stortnwater�P,lan. The Stormwater Plan
includes components of the permittee's Phase II Municipal*NPDES Stonnwater Permit
Application, NPDES Stormwater Permit Application Co npreh nsNe Stormwater Management
Program Report and any approved modifications. �'' _.
2. All discharges authorized herein shall be adequately
conditions of this permit. Any other point source &
prohibited unless it is an allowable non-stormwater i
authorization, or approval. 4,4
This permit does not relieve the
applicable federal, state, or local
accordance with the terms and
dace waters of the state is
is covered by another permit,
,risibility for compliance with any other
ordinance, order, judgment, or decree.
4. This permit covers activities associated Wi0the discharge of stormwater from the MS4 within
ff the jurisdictional area of the Reftnittee as describcd in the approved local Stormwater Plan to
control potential pollution fro n the MS4. The permit applies to current and future jurisdictional
Mr *0. �r
areas of the permittee, as well:as areas that seek coverage under this permit through inter -local or
other similar agreements with p�ernvttee. Agreements for coverage under this permit must be
approved by the Division of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
6. 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 143-21 S.1 and Session Law 2004-
163 and in accordance with the approved Stormwater Plan, all provisions contained and
referenced in the Stormwatcr Plan are enforceable parts of this permit. The permittee will
develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of
the Clean Water Act, provisions outlined by the Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan.
Part I Page I of 2
r
PEIT NO. NC5000406
The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include: ,&
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters; W.
• uncontaminated groundwater infiltration; .,
• uncontaminated pumped groundwater`
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commerciaVresidential);
• irrigation waters (doesmot�inc ude reclaimed water as described in 15A NCAC 2H
.0200); F?F
;�
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering; r.;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinatcd swimming pool discharges including residential and commercial;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled by the
permittee's Stormwater Plan.
Part I Page 2 of 2
• • PERMIT NO. NCS000406
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to 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 develop nt of appropriate ordinances
and legal authorities and will pursue these authorities in cordance witththe schedule outlined in
the Stormwater Plan.
2. The permittee's Stormwater Plan will be impler
pollutants from the MS4 is reduced to the maxis
order to meet this provision, implementation of
given to priority areas and to management mean
efficient at varying stages of the plan's impleme
The permittee will implement the
maximum extent practicable, illici
ged such that the discharge of
ticable. It is anticipated that in
Plan will occur with emphasis
ns that are most effective and
,,the Stormwater Plan to prohibit, to the
spills and illegal dumping into the MS4.
4. The permittee will implementtprovisions(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 pr visions of this permit.
The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stonnwater discharge permit and the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this permit.
The permittee will implement a post -construction site runoff control program to regulate new
development and redevelopment by requiring structural and non-structural best management
practices to protect water quality, to reduce pollutant loading, and to minimize post -development
impacts. This program will include provisions for long-term operation and maintenance of
BMPs.
9. The permittee will evaluate municipal operations and develop and implement an appropriate
program for municipal activities and ongoing operation and maintenance of municipal facilities
to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Page 1 of 13
•
PEWT NO. NCS000406
11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by
the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The
following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
identify the locations of all currently known MS4 outfalls within its jurisdictional area
with the potential of discharging the pollutant(s) of concern: to the impaired segments, to
their tributaries, and to segments and tributaries within the watershed contributing to the
impaired segments. The permittee shall also develop a schedule to discover and locate all
other MS4 outfalls within its jurisdictional area that maybe discharging the pollutant(s)
of concern: to the impaired stream segments, to their tril3ufahes, and to segments and
tributaries within the watershed contributing to the impaired45 gments.
(b) Within two years after receiving the Division's`notice-tkat the permittee is subject to a
:..: 'fir z
TMDL, the permittee shall develop a monitoh-h&plan for each pollutant of concern. The
monitoring plan shall include the samplebiocationubyVverbal 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 reduce4he moning burden by proposing to monitor outfalls that the
Division would consider substantially�similar to other outfalls. The permittee may also
propose in -stream monitor g;wherreitowould complement the overall monitoring plan.
The monitoring plan shall be adjustecd as additional outfalls are identified in accordance
with the schedule required in (a)above and as accumulating data may suggest.
(c) The permittee shall includel-tlie location of all currently known MS4 outfalls with the
potential of discharging the pollutant(s) of concern, the schedule for discovering and
locating currently unknown MS4 outfalls with the potential of discharging the
pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and
all part of the TMDL Water Quality Recovery Program) in the first Stormwater
Management Plan annual report due no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Management Plan annual report shall include
an assessment of the available data for each pollutant of 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 permittee shall implement appropriate BMPs to control the
pollutant(s) of concern to the maximum extent practicable. Implementation of the
appropriate best management practices constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable.
(e) 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 into the Storrwater 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.
Page 2 of 13
•
0. PERMIT NO, NCS000406
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities"
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reducelor prevent stormwater pollution.
Z. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs. to meet the objectives of the Public Education and
�s nY�rr'
Outreach Program and shall notify the Division prior to modification ofiany goals.
hler
BMP'
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(a) Establish a Public
Develop a�p'�ubli6�educcaatibn•program and
X
X
X
X
X
Education and Outreach
implementt�t_t�hlin 12 onths of the permit
Program
L7SM., 'Wilyr
issue dated ricorporate outreach elements for
significant minority,and disadvantaged
communities.
(b) Informational Web Site
Developj maintain internet web site. Post
X
X
X
X
X
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups as likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials, the
permittee may rely on state -supplied Public
Education and Outreach materials, as
available, when implementing its own
program. 'Possibilities include magnets,
stickers and crossword puzzles.
(d) Public education material
Distribute written educational material to a
X
X
X
X
X
dissemination
broad public audience" Possibilities include,
but are not limited to utility mailouts, at
special events (i.e., annual earth day), at the
public library.
(e) Public Outreach
Use Public/Government Cable TV and other
X
X
X
X
X
media to implement a television media
campaign. Possibilities include PSAs,
documentaries, and static slides.
Page 3 of 13
9
PERT NO, NCS000406
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�Measural}le Goals
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(f) Public Outreach
Include clean water tips and information to
X
X
X
X
X
City employees. Possibilities include
employee newsletter and the City's intranet
system. Track the number of messages
distributed, content and medium used.
(g) Newspaper Ads
Purchase newspaper ads to target specific
pollutants such as pet waste, car washing,
X
X
X
X
yard care or illicit discharges. r
(h) Hotline
Establish a hotline in Year 3 and publicize '
X
X
X
through local media, exhibits, and:school and
community presentations. Track calls?
content, and action taken.a�_�
Page 4 of 13
•
0 PERMIT NO. NCS000406
SECTION C: PUBLIC INVOLVEMENT AND PARRTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
t
J4.The permittee shall implement the following BMPs to meet objectives,of the Public Involvement
and Participation Program and shall notify the Division prio'r�`t9o3modi1'i ation of any goals.
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44
(a) Administer a Public
Involvement Program
Develop and implement a Public Iivolvement
and Participation Programs•
X
X
X
X
X
(b) Continue to support
SupportA6ki$ting volunteer sformwater related
X
X
X
X
X
volunteer community
programs designed to promote ongoing
involvement
r:,Z4
citizen participation
Promote Big Sweep and Stream Clean'
stat wide programs.
Community and Civic Presentations —
Continue to present out reach program to
homeowner's association, community watch
meetings, at statewide conferences, and other
events. Present at least 2 times a year. Track
the number of presentations given and the
group presented to.
Promote Big Sweep and Stream Clean
statewide programs through groups such as
Cape Fear River Watch stream cleanups and
Big Sweep programs. Track the number of
volunteers, specific waterways cleaned, and
amount of waste collected.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Page 5 of 13
•
PERT NO, NCS000406
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may require
specific controls for a category of discharges, or prohibit that discharge completely, if
one or more of these categories of sources are identified as a significant contributor of
pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions
(d) Develop a storm sewer system map showing all odtfalls=� a d waters receiving discharges.
(e) Inform employees, businesses, and the general public of Mards associated with illegal
discharges and improper disposal of waste. re .
2. BMPs for Illicit Discharge Detection and
The pern-iittee shall implement the following BMP§io1meet tlli6 objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any goals.
�'-
<I
YRY
R
'YT
YR.
2
t
4YR
�5
(a) Develop/Implement Illicit
Develorand implement an Illicit Discharge
X
X
X
X
X
Discharge Detection and
Detection and Elimination Program. Include
Elimination Program
provisions forprogram assessment and
evaluation.
(b) Establish and maintain
Amend exiting Illicit Discharge Detection and
X
X
X
appropriate legal
Elimination ordinance to prohibit non- -
authorities
stormwater discharges into the City's MS4
be irm ng in Year I and ending in year 3.
(c) Develop a Storm Sewer
Identify outfall locations and map stormwater
X
X
X
X
X
System Base Map
drainage system components. At a minimum,
mapping components includes outfalls,
drainage areas, and receiving streams.
Complete mapping of outfalls along receiving
waters by Year 5. Update system changes
resulting from new construction 'or
modifications or existing conveyance
features. Acquire and process new data
delineating all receiving bodies of water and
overland flow patterns. Verify currently
mapped outfaii points,
(d) Implement illicit
Implement an inspection program to detect dry
X
X
X
X
discharge detection
weather flows at system outfalls. Establish
procedures
procedures for tracing the sources of illicit
discharges and for removing the sources.
Develop procedures for identification of
priority areas likely to have illicit discharges.
Continue to identify, locate, and update map
of drainage system components on a priority
basis pera roved Illicit Dischar e Program.
Page 6 of 13
•
0 PERMIT NO. NCS000406
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(e) Employee Training
Train employees on how to inspect for and
X
X
X
X
report illicit connections. Establish a tracking
system for managing reported problems.
Provide materials on how to inspect for and
report illicit connections. Possibilities
include employee newsletter and the City's
intranet system. Track training and the
number of messages distributed, content.and;'
medium used. Design forin for intranet;ta,
allow employees to report and track illicit�•`
,,,,�,�
connections. '
(f) Public Education
Inform public employees, businesses -and the
X
X
X
X
.. %
general public of hazards associated(with,
illegal discharges and impr pL&fdisp s 1'of
waste. Develop fact sheets for public
education program and7distnd butelrcopies to
appropriate locations suclf asahe Public
/r dcr z�&X r � r ,.. r
Library<lace in:city hall"►mformation booth
and as handouts al 'special events. Complete
fact sheet by,ei d`of year 2 and distribute by
Al Vy"i..X
year 3 Track number of copies placed for
distribution, content and location distributed.
(g) Establish a public
Establish and�publicize a reporting hotline for
X
X
X
reporting mechanism
the publi a report illicit discharges under
Public Involvement. Maintain a log or hotline
calls and disposition.
(g) Coordinate with local
Coordinate with local health department on
X
X
health department on
failing septic systems, locate problem areas in
failing septic systems
the system snap and provide public
information on septic system management.
Provide fact sheet on septic system
management in Library, special events, and
city hall. Track number of copies placed for
distribution, content and location distributed.
(g) Identify Potential cross-
Coordinate with wastewater program, using
X
X
X
X
connections between
existing infrastructure maps, to review areas
sanitary sewer and storm
within the City with high potential for cross
sewers
connections between sanitary sewer and
storm sewers. Track identified illicit
connections and identified cross connections.
(g) Track inspections and
Establish a database to track inspections and
X
X
X
X
enforcement activities
enforcement activities. Complete database
develo ment in Year 2.
Page 7 of 13
0
PEOIT NO. NCS000406
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one or
more acres of land surface and those activities less than one acre that are part of a larger
common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control
practices, review of site plans which incorporates consideration of potential water quality
impacts, and procedures for site inspection and enforcement of control measures.
(c) Establish requirements for construction site operator s to o rol waste such as discarded
building materials, concrete truck washout, chemicals, ltttery4i d sanitary waste at the
construction site that may cause adverse impacts
,tawater quality.
2. ' BMPs for Construction Site Runoff Controls
The permittee relies on New Hanover County to cdmplwith this minimum measure. In addition,
The permittee shall implement the following BMI tofineet,the objectives of the Post -Construction
Stormwater Management Program.
tl
x
t" BMP, �� Tp1
�S[�.i§.y..`
�rsQ,
"� , z MeasuraTblc GoAN11r, '
tZYRYIZYR�
'(
YR
IA
YR
•!Z '1. iz
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'
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:F ry�
,.3,,,.
I
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JrT';
(a) Inspections
The ,permitteei,hall conduct random
inspects o local land disturbing activities
X
X
X
X
X
that have a sediment and erosion control
permit, issued by New Hanover County.
(b) Program effectiveness in
The permittee will monitor the New Hanover
X
X
X
X
X
the permittee jurisdiction
County program for effectiveness in the
permittee jurisdiction. Potential problems at
construction sites with sediment and erosion
control permits will be reported to the New
Hanover County, Follow-up action by that
New Hanover County will be monitored. The
City of Wilmington will maintain a record of
findings and follow-up procedures.
(c) Establish public
The City of Wilmington must provide and
X
X
X
X
X
information procedures
promote a means for the public to notify the
appropriate authorities of observed erosion
and sedimentation problems. The permittee
may implement a plan promoting the
existence of the NCDENR, Division of Land
Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment Control
Program by requesting a "minor modification" to the permit.
Page 8 of 13
0 PERMIT'NO. NCS000406
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2.
BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meel
Stormwater Management Program.
Post -Construction
=sZz��,`BMP'�`i
:} ��Measurable GoalsM A
tilS a�Y~yk'.�•
f
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r• u7
r.. �.
YRy
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YR�YR,
'l F. z�w..7a
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.t`�a.t�T� ',�•.`��w �L.f�.,-Va , 4'Tdrah
k•t+'l'� �
gill;
(a) Establish a Post-
Develop and adopt lay ordinance (or similar
X
X
X
X
X
Construction Stormwater
regulatory mechan s� m) alprogram to address
Management Program
stormwater�iunoff friA'�new development and
redevelopment: Impl'ernent and enforce the
within 24--months the issue
program of permit
date. The ordinance a must be reviewed and
approved by the Director prior to
impl'em entatt on. Ensure that controls are in
place to prevent or minimize water quality
impacts.
(b) Establish strategies which
Develop strategies that include a combination
X
X
X
X
X
include BMPs
of structural and/or non-structural BMPs.
appropriate for the MS4
Implement them within 24 months of the
permit issue date.
(c) Long tern maintenance
Provide a mechanism to require long-term
X
X
X
X
X
for on -site controls
operation and maintenance of structural BMPs.
Require annual inspection reports of permitted
structural BMPs performed by a qualified
professional. In year 1, continue to inspect
maintenance of structural controls for new
development and redevelopment projects.
Inspect for compliance with Sity technical
standards and use enforcement mechanism of
ordinance to address those sites not in
complinance. Track date of inspections,
number of sites inspected, and number of sites
requiring action.
(d) Pet Waste control
Develop, in Year 3, and implement, in Year
X
X
X
Program
4 a pet waste control program including
public education.
Page 9 of 13
•
PER1T NO. NCS000406
. � d
A
_ n °
��- easura le Goals X
YlR
Ylt'YR+YR
f .
YR
(e) Establish a program to
Control the sources of fecal coliform to the
X
X
X
X
X
control the sources of
maximum extent practicable. Develop an
fecal coliform to the
oversight program to ensure proper operation
maximum extent
and maintenance of on -site wastewater
practicable
treatment systems for domestic wastewater.
Implement them within 24 months of the
permit issue date. Municipalities must
coordinate this program with the county,hedltth
department.
z&I "t
(f) Evaluate Current
In Year 3, initate evaluation of current
''
X
X
X
Stormwater Control
stormwater control structures owif&&by the
Structures
community. Determine if stru ur s ca be
retrofitted for stormwater co ol's, Complete
in Year 4 and rioritize,struct»esfo rr etrofit.
3. Post -Construction Site Runoff Controls:
_r
(a) All development activities located with,,the permittee s jurisdiction that disturb 5,000
square feet or more of land shall;control the runoff from the first one and one half inch of
rainfall to the level specified in Paragraph (b) of this rule. In addition, all impervious
surfaces, except for roads, paths#and water dependent structures, shall be located at least
30 feet landward of afl perennial and intermittent surface waters. Redevelopment
activities that meet tWo
KdVisions of 15A NCAC 2H .1002(14) shall not be required to
comply with the requirements of this Paragraph.
(b) Structural stormwater controls required under Paragraphs (a) shall meet the following
criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48
hours, but no slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the pre -development
discharge rate for the 1-year, 24-hour storm.,
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H
.1008(c).
(c) For the purposes of this permit, a surface water shall be present if the feature is shown on
either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). Relief from this requirement shall be allowed
when surface waters are not present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a).
(g) The permittee shall require recorded deed restrictions and protective covenants that
ensure development activities will maintain the project consistent with approved plans.
Page 10 of 13
•
•
PERMIT NO. NCS000406
(h) The permittee shall require an operation and maintenance plan that ensures the operation
of the structural stormwater control measures required by the program. The operation
and maintenance plan shall require the owner of each structural control to submit a
maintenance inspection report on each structural stormwater control measure annually to
the local program.
(i) In addition to the other measures required in this rule, all development activities located
within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining
to Shellfishing (SA) waters shall:
(1) Use stormwater control measures that result in,fe� caal coliform die off and that
control to the maximum extent practicable sources�`ofifecalFcoliform while
incorporating the requirements specifiedtin,Paragrapli;'(b)�of this Rule.
(2) Prohibit new points of stormwater discharge "to -SA waters or expansion (increase
in the volume of stormwater flow through,conveyances or increase in capacity of
conveyances) of existing stormwater conveyance systems that drain to SA
waters. Any modification or redesign o6a stormwater conveyance system within
the contributing drainage basin must not increase the net amount or rate of
stonmwater discharge through existingg outfalls to SA waters. Diffuse flow of
stormwater at a non=eros ve-velocity to a vegetated buffer or other natural area
capable of providing,jre' f ecti e infltration of the runoff from the 1-year, 24-hour
storm shall not be considered a direct point of stormwater discharge.
Consideration shall be given to soil type, slope, vegetation, and existing
hydrology when evaluating infiltration effectiveness.
Page i 1 of 13
•
PEVIT NO. NCS000406
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the-objA-tives of the Pollution Prevention
and Good Housekeeping Program and shall notify the Division prior to•modification of any goals.
_ .:.R ��' '4. � �"-� �-�!J�^��
��
Measurable Goals,
r9`c'Ysa9+i
: P
$�.'?�(f �-{ yel ^�4.� T'T' M ��k �
�YR
Y�si k' xX
YIt
h"�.YCS
fYR
YR
YR
y Sr
.�4"�a
aY�v'wk✓ .yJ,.
y
' •S,.yF.'LLy"-p"�y
.�"�+ �+ JrS'tSw 'i.- fn 'M•
�-
;
P:
Y
(a) Develop an operation and
d'.ar. tw
Develop an operation and.tnatnfenanc• •cam `ti:ey,
X
X
X
X
X
maintenance program
program that has the ultir i7 ate a0corf�
preventing or reducin pollutant{runoff from
municipal,o erations
(b) Inspection and evaluation
Developrri"inventory of all'facilities and
X
X
X
X
of facilities, operations,
operations�'owned an`d operated by the city
X�
and the MS4 system and
!
with the potehtial'for generating polluted
associated structural
storm�water runoff ncluding vehicle washing
BMPs.
and eling operations, material storage
facilities, recycling activities, and the MS4
systemd�associated structural BMPs.
Inspect potential sources of polluted runoff,
the stormwater controls, and conveyance
systems. Evaluate the sources, document
deficiencies, plan corrective actions, and
document the accomplishment of corrective
actions.
(e) Training materials
Develop training materials on pollution
X
X
X
prevention and good housekeeping for
municipal operations. Use existing materials
gathered from other organizations or create
new tools as needed.
(d) Employee training
Begin in Year 3 to provide training to
X
X
X
employees on clean water issues and
workplace responsibilities to reduce or
eliminate pollutants in stormwater runoff.
Maintain program annually.
(e) Employee training
Beginning in Year 1, provide training to
X
X
X
X
X
employees who maintain the drainage system.
Focus on floatable, grit, sediment, and
disposal of pollutants removed from the
drainage system.
Page 12 of 13
•
0 PERMIT NO. NCS000406
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k. / s ny a �r 4� rfw'� 7' * -rti�c
t. �• `,.. .. .1 11. ..,,y 1 L 5.�1k .n.'4� .a .i* 1. En �.,r
�� F�L zS 'r - h � , 2l} Pi{y; }'/y%5
a� k1 Y i,�^;-t� g�,l.t�,"k.'a�,� t , w �^C t I�:+,�r
[a .x, 4�°M� !~. �.. :�?"�'�t. �f. .�'h-rMl.�1 t� )',F`�{4+ ��f.... '�i3.: �Y} T.��lF
l
>Et^r
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4
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(f) Employee training
Beginning in Year 2, provide training to
X
X
X
X
employees who manage and apply chemicals.
Address safe storage, application and disposal
of residual chemicals. Repeat training
annually,
(g) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES stormwate p
regulated industrial
permit owned and operated by the perrriittee.
activities
Review the following aspects: thet,Stormwater
Pollution Prevention Plan
wherejone,is z
monitoring
required, the timeliness of any
reports required by the Phase I{perinand the
results of inspections and subsequentlow-,.
up actions at the facilities. `&,b
Page 13 of 13
PERMIT NO. NCS000406
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. If monitoring and sampling are being performed documentation of results shall be
included. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative immediately upon request.
The pemuttee's Stormwater Plan will be reviewed and updated Rhe'cessary, but at least on an
annual basis. The permittee will submit a report of this evaluation nod monitoring information to
,C. -.--,
the Division on an annual basis. This information will be-sr'bmitted by date of each year and
cover the previous year's activities from Date to Date. The pe uttee's reporting will include
+,, � :V
appropriate information to accurately describe the progress, status, and results of the permittee's
Stormwater Plan and will include, but is not limited ty',rtl"ieollowing components:
(a) The permittee will give a detailed dd`scriptJ6n,of'the status of implementation of the
Stormwater Plan. This wifNnclu�lelinforriiaiion on development and implementation of
all components of the Stormwater R]an?for the past year and schedules and plans for the
year following each report.M.
e '�
. .
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. Thus will include descriptions and supporting information for the
proposed changes an 'these changes will impact the Stormwater Plan (results,
effectiveness, implemen{ation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan. In
addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the Stormwater
Plan throughout the year along with an assessment of what the data indicates in light of
the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the continued
financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part U1 Page 1 of 2
PEIRIT NO. NCS000406
3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the corrective action plan, approve a plan with modifications, or reject
the proposed plan. The permittee will provide certification in writing (it) accordance with Part
IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall
be construed to limit the Director's ability to conduct enforcement actions for violations of this
permit.
4. The Division may request ad
and results of the permittee'�
Part III Page 2 of 2
the progress
•
0 PERMIT NO. NCS000406
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period of at
least 5 years from the date of acquisition. This period may be extended by request of the
Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the following
address: ff¢`;: .f
Department of Environment and NaturahResourccs
Division of Water Quality.;
Stormwater Permitting -Unit
� A� ZZi
1617 Mail Service Center;,
Raleigh, North Carolina 2,7699- 617
l
(b) All applications, reports, or.+inform t sinitted to DWQ shall be signed by a principal
executive officer, ranking,elected official or duly authorized representative. A person is
a duly authorized representative ,. only lf:
(i) The authorization is madii in writing by a principal executive officer or ranking
elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stonnwater
matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information subntted. 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 IV Page 1 of 2
PEPIT NO. NCS000406
[0
cM
5.
U
7.
Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appr Rriate regional office any
noncompliance that may constitute an imminent threat t�l ealth or the environment. Any
information shall be provided orally within 24 hours from thet me the permittee became aware
of the circumstances. A written submission shall also be provid d within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a descriptio/h)enoncompliance, and its causes; the
period of noncompliance, includin'9111exactie ates aft es, 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.
The Director may waive the �tten rcpo `won a case -by -ease 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 per Part III of
this permit on forms provided by the DWQ.
Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the permittee's Stormwater Plan, or for the entire Program.
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part W Page 2 of 2
0
0 PERMIT NO. NCS000406
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial ofpermit coverage upon
renewal application.
(a) The permittee shall comply with standards or pioh fbitions established under Section
307(a) of the Clean Water Act for toxic pollutantswitJhin 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
® N;;: `
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the mum 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�Collcction(Iinprovement Act (31 U.S.C. §3701 note) (currently
$27 500 per day for each violation .�'An person who negligentlyviolates an permit
p Y aa-. }� Y p Y
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more thanji year, or both. Any person who knowingly violates
permit conditions is subject to cnminal penalties of $5,000 to $50,000 per day of
�le�for not more than 3 years, or both. Also, any person who violation, or imprisor
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CPR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461-
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $137,500).
Part V Page 1 of 6
•
PEPIT NO. NCS000406
2.
791
4.
5.
6.
7.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215 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 ven,though,the�responsibility for
effective compliance may be temporarily suspended. ikle NW
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to
the permittee from any responsibilities, liabi
be subject to under NCGS 143-215.75 ct seq.
Property Rights
The issuance of this permit do
property, or any exclusive pri`
invasion of personal rights, no
Severability
istitution of any legal action or relieve
ties to which the permittee is or may
1 of the Federal Act, 33 USC 1321.
y property rights in either real or personal
it authorize any injury to private property or any
nt of federal, state or local laws or regulations.
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6
0 0 PERMIT NO. NCS000406
9.
10.
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.
Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does notLstay anyy permit nit condition.
Part V Page 3 of 6
0
PEVIT NO. NCS000406
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a
necessary to halt or reduce tr
condition of this permit.
Part V Page 4 of 6
✓e been
with the
•
0 PERMIT NO. NCS000406
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by anyotherwaste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of thQDir ctor
2. Flow Measurements
Where required, appropriate flow measurement devices`an&ffi&bods consistent with accepted
scientific practices shall be selected and used to ensufFtfie a cur y and reliability of
measurements of the volume of monitored discha°res? "�IZIZ
3. Test Procedures
Test procedures for the analysis of poll�uttaiitst �l conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq,tlie;WafePand Air Quality Reporting Acts, and to
regulations published pursuant to Sectioii 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, andrAegulati(A'Q CFR 136.
To meet the intent of the moiufonn-glrequired by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
.I
4. . Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring pen -nit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
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PEIT NO. NC5000406
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Water Quality. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Act.
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0 PERMIT NO. NCS000406
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.
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0 PERMIT NO. NCSOOOXXX
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC
2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
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PERMIT NO. NCS000406
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PART VIlI DEFINITIONS - �
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution
be structural or non-structural and may take the form of a pro
planning (see non-structural BMP).
Built -upon Area
That portion of a development project that is covered
surface including, but not limited to, buildings; pave
lots, and paths; and recreation facilities such as tet'`�ini;
a wooden slatted deck, the water area of a swimming
paving material to the extent that the paving aterial,
}3s
through the paving material.
Clean Water Act
The Federal Water Pollution
amended, 33 USC 1251, et.
surface waters. BMPs can
vity, physical structure or
peivi�ous or partially impervious
�
nd gavel areas such as roads, parking
1s
;s "l3uilt-upon area" does not include
.
or pervious or partially pervious
5s water or allows water to infiltrate
known as the Clean Water Act (CWA), as
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot. .
It can include one operator or many operators.
Department
Department means the North Carolina Department of Environment and Natural Resources
Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
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PEI"r NO, NCS000406
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12.
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Director
The Director of the Division of Water Quality, the permit issuing authority.
1MC
The North Carolina Environmental Management Commission.
Grab Sample _
An individual sample collected instantaneously. Grab
qualitatively monitored must be taken within the first
Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuar
Illicit Discharge
Any discharge to a MS4 that is r
to an NPDES permit (other than
and discharges resulting from fn
Industrial ActiyL
For the purposes of this
in 40 CFR 122.26.
be directly analyzed or
311 of the Clean Water Act.
`r'ely of stormwater except discharges pursuant
permit), allowable non-stormwater discharges,
es.
activities shall mean all industrial activities as defined
14. Municipal Separate Storm Sewer System(MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
i. Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
a designated and approved management agency under Section 208 of the Clean Water
Act (CWA) that discharges to waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
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15. Non-stormwater Discharge Cate ories
The following are categories of non-stormwater discharges that the permittee must address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire
fighting activities are excluded from the definition of illicitdis hl gee and only need to be
J�raddressed where they are identified as significant sources of pollutants. to waters of the United
States).
a�. ,
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
h, i�-
as: (1) Policies and ordinances that provide requiremenkstand standards to direct growth to
j F1 ��''
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buff re s along'sensitive ater bodies, minimize impervious surfaces,
and/or minimize disturbance of soils,and vegetation; (2) policies or ordinances that encourage
infill development in higher densityu rban,areas; and areas with existing storm sewer
infrastructure; (3) education programs for d' velopers and the public about minimizing water
quality impacts; (4) other measures such Was minimizing the percentage of impervious area after
development, use of measureo minimi measurerto ze directly connected impervious areas, and source
, .-,±�'
control measures often thoughCoffia -good housekeeping, preventive maintenance and spill
prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See also
point source discharge of storinwater.
18. Permittee
The owner or operator issued. this permit.
19. Point Source Discharge of Stor nwater
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.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
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21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps n essary to reduce pollutant
loads in a certain body of water to restore and maintain water quali y standards in all seasons.
The Clean Water Act; Section 303, establishes the water. quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(I) of 'tile'@lean Water Act.
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