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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 �A NCDEt�fFt Customer Service 1-877-623-674S OF WArF9 • CjJ T' j r -i 5 Y 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' ;siC,k �t i Coals tt � � : {el^ E iFYwWhufjY��. ; YR 4, YRt r 1 X-M ' YR-r 'YR s: 'f Vr.� ia 4 fir! Er (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 }' , tf, €-- Y ti E M Si4�m _ r xT'-+ :7� �Measural}le Goals `�`3 "i ^f£ w s;1t' r4-• '-�„ !{'r bYR; 8 x '.w ty ," tYR �, :t'sY\s4. 1 !.� YR': f �YR Efe YR .ae yly""„ ,,s rfs$ -FTC .�-w=�.H'aF'4Yn_uA f(� .+ iuS %: ` p •'C'$6".Y } i ! kh It f ti¢,° p> ti:. �s. (f) Public Outreach Include clean water tips and information to X X X X X City employees. Possibilities include employee newsletter and the City's intranet system. Track the number of messages distributed, content and medium used. (g) Newspaper Ads Purchase newspaper ads to target specific pollutants such as pet waste, car washing, X X X X yard care or illicit discharges. r (h) Hotline Establish a hotline in Year 3 and publicize ' X X X through local media, exhibits, and:school and community presentations. Track calls? content, and action taken.a�_� Page 4 of 13 • 0 PERMIT NO. NCS000406 SECTION C: PUBLIC INVOLVEMENT AND PARRTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation t J4.The permittee shall implement the following BMPs to meet objectives,of the Public Involvement and Participation Program and shall notify the Division prio'r�`t9o3modi1'i ation of any goals. :l p '�3 " ,'Ay �M1k 44 (a) Administer a Public Involvement Program Develop and implement a Public Iivolvement and Participation Programs• X X X X X (b) Continue to support SupportA6ki$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 �t A r ,. WMeasurable Goals ? A 4 -RgA�a. y YRPi d -YR L 4^' L�YR rI K Yz• �;YR (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 _,,+t`a....'a. �°�.?1- ., wi'9�]l ',FYwrix1 <. "d!.- t. 3! E�N:R.r..—. :.__<i�_ �yi >.'t t� ' �f T 4.. :F ry� ,.3,,,. I 1 `YZ?'gei 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 =,YR'�Ylt r• u7 r.. �. YRy a `4•}.�t, YR�YR, 'l F. z�w..7a o+�k.`." ,.:„y `r-s`�,,u�•y� .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 • "" x .c �.� ..s w�" 'fir Vie& t 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 k ".�'�r� cxYlt r •, t � 2'� i•', f ^r `i M •✓AT'1 4 ,r,� k s.;a Y� 1 .s2 � y. (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. Part V Page 5 of 6 0 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. Part V Page 6 of 6 • 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. Part VI Page 1 of 1 n 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. Part VII Page I of I PERMIT NO. NCS000406 ►PI 3 4 7 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. Part VIII Page I of 4 • PEI"r NO, NCS000406 10 11 12. 13 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 Part V111 Page 2 of 4 0 • PERMIT NO. NCS000406 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. Part VIII Page 3 of 4 • VEP1T NO. NCS000406 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. Part VIII Page 4 of 4