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HomeMy WebLinkAboutNCS000417_FINAL PERMIT_20070627STORMWATER DIVISION CODING SHEET . MS4 PERMITS PERMIT NO. f V C,S o �� t DOC TYPE NAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 27, 2007 Chuck Webb, Town Coordinator Town of Ranlo 1624 Spencer Mtn. Rd. Gastonia, NC 28054 Dear Mr. Webb: William G. Ross, Jr., Secretary Coleen H. Sullins, Director Subject: Permit No. NCS000417 In accordance with your request to modify Permit No. NCS000417, we are forwarding herewith the revised NPDES permit. This permit has been revised to be consistent with language in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the Town's requests dated June 22, 2007. The revisions do not change the effective date of the original -issuance. If your staff should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or by e-mail at mike.randall@ncmail.net. Sincerely, Coleen 14. Sullins, Director cc: Central Files Stormwater and General Permit Unit Files DWQ Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919-733-2496/ Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nne orthCarolina Naturally Page I of I Mr. Randall, Please changc our storm water permit to reflect the following: on page 12, (iii) High Density Projects, under section (A) (II), change from "discharge rate for the treatment volume shall be maintained at or below the predevelopment discharge rate for the 1 year 24 hour storm" to "Reflect control treatment differences for a 1 inch rainstorm". If you have any questions, please call me. Thank you. Chuck Webb, Town Coordinator Town of Ranlo 1624 Spencer Mtn. Rd. Gastonia, NC 28054 (704)824-3461 (704)824-3423 Fax AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. https:Hwebinail.ncmail.nct/cp/ps/Mail/MsgBody?d=ncmail.net&contentSced=d 123d&u=m... 6/22/2007 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS 000417 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Ranlo is hereby authorized to discharge stormwater from their municipal separate ston'n sewer system located: within the Town of Ranlo Jurisdictional Area Gaston County to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall.become effective July 1, 2005, as amended June 27, 2007. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 27, 2007. q a��a k Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS 000417 PART I PERMIT COVERAGE l . During the period beginning on the effective date of the permit and lasting until expiration, the Town of Ranlo is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Prpgram Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the pennittee's Phase II Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another pennit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stonnwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this pen -nit must be approved by the Division of Water Quality, herein referred to as the Division. 5, The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the pennittee 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 143-215.1 and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this Permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Part I Page 1 of 2 PERMIT NO. NCS 000417 Stornwater 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. The permit authorizes the point source discharge of stonnwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Pennitted by, and in compliance with, an NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS 000417 PART II 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 development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan, 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part lI Page l of 12 PERMIT NO. NCS 000417 9. The pennittee 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. Part 1IPage 2of12 PERMIT NO. NCS 000417 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals, bra pfr:r+�_ M+ P�y � D% �.:z#tE .' x4 i iVler•Y�at ssi u WR ... 4 V Vf i R.Y� ��Y9i> SRcP bY (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the pen -nit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. 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. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 1I Page 3 of 12 PERMIT NO. NCS 000417 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ,ix;4sue`-,, BMP_Measurable=Go Yry Lt,�4'a-ar r n "F�„w r "I", v ? ,w �..�i 'xF ;,'%� .,f-435 jam. ' #f,� �-,Gi4 1'R 2""' .¢ r YR r z �e _ YR -- 3 YR xF-• K- ^ YR `s -C ,s t R'Ft�fe Y -f �j. Cal t Y �usr s . 3' ' e Y_ t, 57 aiF�taHI_, ka. +ham-'y., h. - iRc't`.. iS:SCr1.y '. ^��a 31a� ti3z j2_ 1sr= �2=-� .,E 1. (a) Administer a Public Develop and implement a Public X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer x X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on x x x Group(s) stormwater issues and the stormwater program. Part IIPage 4of12 PERMIT NO. NCS 000417 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination,Program and shall notify the Division prior to modification of any goals. YR YR,i�YW L�1a 4 YR� fir. Y•R" lx'C; iL`faer ! 1r`~i'i l:l�AX,8�:1�'i '::,r a s'�i�"'�� Sri 3 4'1i 4 �''•., (a) Develop/Implement Develop and implement an Illicit X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program,' (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage, system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X discharge detection detect dry weather flows at system procedures outfalls. Establish 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 per approved Illicit Discharge Pro gram. Part IIPage 5of12 PERMIT NO. NCS 000417 Mpi, U I s WIr11UW. .t Goals .0 m= R I (e) Conduct employee Conduct training for town staff on x x x cross -training detecting and reporting illicit discharges Provide public Inform public employees, businesses, and x x education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting x x reporting mechanism mechanism for the public to report illicit I discharges Part 11 Page 6 of 12 PERMIT NO. NCS 000417 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 operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ids h r BM PIS.,.' . , `""" ` I ��t` ,�f....,.7n,Yiik, a.} �k, .,. 1�`L 1' s , Y,- "` Measurable Goals IKl-. i. 311^ �1�,��".,.Pf •'153-.'1- ray S 'L � , ,YRi, �Y YR y- � bni� YR y��Ny'Ci?�i F('� �r �'i�i��.q rYR � 'Q"'.c•� C7,CA ti l'R �y� hs (a) Implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at constructions for erosion and sites and providing for sanctions to ensure sediment control compliance. Instead of originating a new program, the permittee may elect to comply by relying 'on the NCDENR Division of Land Resources, (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. Part 11 Page 7 of 12 PERMIT NO. NCS 000417 ,y{ -t � S7S^ ,A. T $MP a� ,F +, r9 '-`�°�1' it y - l , #5 4 `7 7 cis_ M'L�' "'�Cw3 �� ; r t s s �s Measurable3Goals, �' k �siti.., :may.t€.rh.: +dRj�� - 3` XR XR - r YW 'r , � �r�.. �c4. 'r �si - v !'".{r[' ` `r { e�'x'r y r'• 4�7 y q ' �'2�- 3V ' F �1 ?. £'� ir_ 7 ?.I '� 1� G'l C (b) Develop requirements Require construction site operators to X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality impacts. (c) Provide educational New materials may be developed by the X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the permittee's construction runoff controls program. (d) Institute plan reviews Review construction plans and establish X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) EstabIish public Establish procedures for receipt and X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish inspection Establish procedures for site inspection X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. Part II Page 8 of 12 PERMIT NO. NCS 000417 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's Stormwater Management Ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. y'�n^tS r r i T,�•,.�• .dr �y 'Y,"%�- k a l f� K� .w$';.,.ran easurable Goals ,� ;t r _ a mow- er r 5 7 '� '4 t-*�,�, 3 Y,7( ��-fi>t a kYR' XR �. -Y R� �^ k d YYR 4iYRy r�- rK i f Ae �' �y{7�, p 3.4 utyS lr« "t . ,�x !,gin?rw:,, ,tip (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X which include BMPs. include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform. to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part I1 Page 9 of 12 PERMIT NO. NCS 00041.7 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, . (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat runoff from the first one -inch of rain. Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; (B) High -density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. Part II Page 10 of 12 PERMIT NO. NCS 000417 (C) All structural stonnwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (D) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c) or a locally approved stormwater management manual; (E) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (F) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (G) For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stor nwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part II Page 11 of 12 PERMIT NO. NCS 000417 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 objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. ?N •' _ $MPx ,,tY __r e� yf .} ti ,Measurallle Goals ��: wYR� Pr R1'R vYR (a) Develop an operation Develop an operation and maintenance X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. 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. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping 2rocedures. (d) Review of municipality Conduct annual review of the industrial X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part I1Page 12of12 PERMIT NO. NCS 000417 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 pennittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July 1 to June 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The pennittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The pennittee 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 Stonnwater Plan. (e) The pennittee 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 pennittee 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, infonmation on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 PERMIT NO. NCS 000417 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 (in accordance with Part W, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. ' The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS 000417 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: Department of Environmental and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part 1V Page 1 of 2 PERMIT NO. NCS 000417 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following infonnation: (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. 4. Twenty-four Hour Reporting The pennittee shall report to the central office or the appropriate regional office any noncompliance which may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The pennittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. 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. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS 000417 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 of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subj ect to criminal penalties of $5,000-to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V, VI, VII & VIII Page 1 of 11 PERMIT NO. NCS 000417 are not to exceed the maximum arnounts 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 I1 penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3; 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or maybe subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this pennit, 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. Part V, VI, VII & VIII Page 2 of I I PERMIT NO. NCS 000417 7. Duty to Provide Information The pennittee 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 pennittee shall also furnish to the Director upon request, copies of records required to be kept by this pen -nit. 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. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or tenninated for cause. The notification of planned changes or'anticipated noncompliance does not stay any permit condition. Part V, VI, VII & VilI Page 3 of 11 PERMIT NO. NCS 000417 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 Hatt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, VI, VII & VIII Page 4 of I 1 PERMIT NO. NCS 000417 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a MS4, an authorized representative of a municipal operator or the MS4 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 Part V, VI, VII & Vill Page 5 of 11 PERMIT NO. NCS 000417 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 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, VI, Vll & VI11 Page 6 of 11 PERMIT NO. NCS 000417 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 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 V, VI, VII & VII1 Page 7 of 11 PERMIT NO. NCS 000417 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as terinis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environment and Natural Resources Part V, VI, V1I & VIII Page 8 of 1 I PERMIT NO. NCS 000417 7. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR.Part 116 pursuant to Section 311 of the Clean Water Act, 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or systern 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 Part V, V1, VII & VIII Page 9 of I I PERMIT NO. NCS 000417 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 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the pennittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, VI, VII & VIII Page 10 of I I PERMIT NO. NCS 000417 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 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. 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 necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, VI, VII & V11I Page I 1 of I I North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 27, 2007 Chuck Webb, Town Coordinator Town of Ranlo 1624 Spencer Mtn. Rd. Gastonia, NC 28054 Dear Mr. Webb: w.�r- r. %Jr cNv1r%%JNrr,Lr, , a AND NATIWilliam!G:(-Ros§'Ur.,,5ecretary (OORESVILt.E �Cofeen`H.1Sullires`Director i _s JUN WATERU1 U- k. iJ �' Subject: Permit No. NCS000417 In accordance with your request to modify Permit No. NCS000417, we are forwarding herewith the revised NPDES permit. This permit has been revised to be consistent with language in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the Town's requests dated June 22, 2007, The revisions do not change the effective date of the original issuance. If your staff should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or by e-mail at mike.randalI@ncmai1.net. Since�rely, )2- f - Coleen H. Sullins, Director cc: Central Files Stormwater and General Permit Unit Files DWQ-Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919.733.24961Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycla10% Post Consumer Paper Nne orthCarolina Naturallff Page I of 1 Mr. Randall, Please change our storm water permit to reflect the following: on page 12, (iii) High Density Projects, under section (A) (II), change from "discharge rate for the treatment volume shall be maintained at or below the predevelopment discharge rate for the I year 24 hour storm" to "Reflect control treatment 'differences for a 1 inch rainstorm". If you have any questions, please call me. Thank you. Chuck Webb, Town Coordinator Town of Ranlo 1624 Spencer Mtn. Rd. Gastonia, NC 28054 (704)824-3461 (704)824-3423 Fax AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. https:l/webmail.ncmail.net/cp/ps/Mail/MsgBody?d=ncmail.net&contentSeed=d 123d&u=m... 6/22/2007 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS 000417 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Ranlo is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Ranlo Jurisdictional Area Gaston County to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VIl and Vill hereof.' This permit shall become effective July 1, 2005, as amended June 27, 2007. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 27, 2007. Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VI[ ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS 000417 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Ranlo is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stonrnwater Management Prpgram Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This pen -nit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judlpnent, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional_ area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the perzittee 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 I24, North Carolina General Statutes 143-215.I and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this Permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Part I Page 1 of 2 PERMIT NO. NCS 000417 Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stonnwater 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. The permit authorizes the point source discharge of stonnwater 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, an NPDES discharge permit including discharges of process and non -process wastewater, and stornwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS 000417 PART II 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 development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. f. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan, 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part II Page I of 12 PERMIT NO. NCS 000417 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. Part II Page 2 of 12 PERMIT NO. NCS 000417 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. P YsRA oe {YR Y� _ R ,'� b r 4 k:.. , 5"P _r (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. 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. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 3 of 12 PERMIT NO. NCS 000417 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for'Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ,�i' 1►'LCyzn'�;�+1.� xYi�2 �-.� als- °z ��,���i'�h�-,��MeasuGOa S '�Y-R5 ` -YR., Y&i Yr' ;Y9.xR F._.; a 1tik].: s,v a,-� Ls y r �5 �� 2__ 3t 5' w _ . (a) Administer a Public Develop and implement a Public X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X -X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X Group(s) stormwater issues and the stormwater program. Part 11 Page 4 of 12 PERMIT NO. NCS 000417 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. i.' "'S^y,y- ... , Ana i Ti . tr e5 d' r'sr 'r , y -tA .r 4M Meas abKGoalsV':° �V,BMP (a) Develop/Implement Develop and implement an Illicit X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage. system components. At a minimum, mapping components includes outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to X X discharge detection detect dry weather flows at system procedures outfalls. Establish 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 per approved Illicit Discharge Program. Part IIPage 5of12 PERMIT NO. NCS 000417 ammilmg Ffi, -4 A N PA-11, 011 casurafilM, AlMffi �'U 1 W— Him YR - R.- -1 "IVIV EY-W, WRI 13 (e) Conduct employee Conduct training for town staff on x x x cross -training -detecting and reporting illicit discharges (f) Provide public Inform public employees, businesses, and x x education the general public of hazards associated with 'illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting x x reporting mechanism mechanism for the public to report illicit I discharges Part 11 Page 6 of 12 PERMIT NO. NCS 000417 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 operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The pen-nittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. yy rlr � t�x �..# 7 f V. `;� .� - s� .�,< Measurable Goals a4i'- 1 p+yw'_ M• 4,:,� s +' °^� '',;1�" R ^�r " �.YR� VR,p YR V 4 �YR"`. A,ty~��.,: (a) Implement a program Develop 'a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at constructions for erosion and sites and providing for sanctions to ensure sediment control compliance. instead of originating a new program, the permittee may elect to comply by relying on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee, The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. Part I1 Page 7 of 12 PERMIT NO. NCS 000417 SMP� Measuura ble Goa[s z5,� R Y R F YR dY R t 5., (b) Develop requirements Require construction site operators to X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality impacts. (c) Provide educational New materials may be developed by the X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the permittee's construction runoff controls program. (d) Institute plan reviews Review construction plans and establish X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f} Establish inspection Establish procedures for site inspection X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. Part II Page 8 of 12 PERMIT NO. NCS 000417 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment that that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's Stormwater Management Ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. 6 AA.. , BMP ` �� a� � 1 �JM yyi�iS A i 3 43 i YG1W�ly�;ii +�,! `*. T. � �x xMeasurablc Goals ' irk ,y 71 4x 1� l ,� 1 Wk�v' yy+`G�t.,, +,.ryc i� df°" i 1'sit t�'a'P,ti `sAix ��I `A'4��t�f 7? f YR C'ci`.c L� ' `YR� sI'Rry �YR �YR ;5 (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop%and implement strategies that X X X X which include BMPs. include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part 11 Page 9 of 12 PERMIT NO. NCS 000417 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the pennittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the pennittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the -following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat runoff from the first one -inch of rain. Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; (B) High -density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. Part iI Page 10 of 12 PERMIT NO. NCS 000417 (C) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (D) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c) or a locally approved stormwater management manual; (E) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (F) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (G) For DMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part lI Page 11 of 12 PERMIT NO. NCS 000417 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 objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. 's.f t .�,Fd:' r �� s�BN1P��� 1 �1Vleasurable�Goals�•? ix.. �YR i:q-JS YRYR :r+ 8•= �YRYR`° 'j, t.i.'. y. yy l qy_r+ir :. .'_'PA,. 5. .e (a) Develop an operation Develop an operation and maintenance X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X evaluation of facilities, operations owned and operated by the operations, and the perm.ittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. 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. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping procedures. (d) Review of municipality Conduct annual review of the industrial X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part 11 Page 12 of 12 PERMIT NO. NCS 000417 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. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July 1 to June 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes 'to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or ffinding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stonmwater 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 MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 PERMIT NO. NCS 000417 3. The Director may notify the pennittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part 1V, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting infori-nation as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS 000417 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: Department of Environmental and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the . information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 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 PERMIT NO. NCS 000417 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission.shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. 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. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwatcr Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS 000417 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 of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S11,000 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, 309, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class Il violations Part V, V1, VII & VIII Page 1 of 11 PERMIT NO. NCS 000417 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). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, -such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the pennittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this pennit, 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. Part V, VI, VII & VIII Page 2 of 11 PERMIT NO. NCS 000417 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept 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. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit maybe modified, revoked and reissued, or terminated for cause. The notification of planned changes or'anticipated noncompliance does not stay any permit condition. Part V, VI, VII & VIII Page 3 of 11 PERMIT NO. NCS 000417 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 pennittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, VI, VII & V1II Page 4 of 11 PERMIT NO. NCS 000417 SECTION C: MONITORING AND RECORDS Representative Sampling When required herein, stonmwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a MS.4, an authorized representative of a municipal operator or the MS4 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 Part V, VI, VII & V1II Page 5 of l I PERMIT NO. NCS 000417 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. S. 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 143-215.6B or in Section 309 of the Federal Act. Part V, VI, VII & VIII Page 6 of l I PERMIT NO, NCS 000417 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 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 V,V1,V11&VIIIPage 7ofII PERMIT NO. NCS 000417 PART VIII DEFINITIONS Act See Clean Water Act. 2, Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environment and Natural Resources Part V, VI, VII & VIII Page 8 of 11 PERMIT NO. NCS 000417 7. Division (DWQ,) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this. permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. 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): 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 Part V, VI, VII & VIII Page 9 of 11 PERMIT NO. NCS 000417 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 15. Non-stormwater Discharge Categories The following are categories of non-stonnwater 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 washewater (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States), 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 1$. Permittee The owner or operator issued this permit. Part V,V1,V1I&VII1Page 10ofI1 PERMIT NO. NCS 000417 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 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. 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 necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons..The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, Part V, VI, VII & VI11 Page 11 of 11 North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Mayor Steve Alexander Town of Ranlo 1624 Spencer Mountain Road Gastonia, North Carolina 28054 Dear Mr. Alexander; r %WT- Df ftl a I F! wp, Jr., Secretary AND i!# —"1` yAfanVllAitj, P.E., Director June 22, 2005 i. £; JUN 2 7 200.; K t� i WATER Subject:. NPDES Permit Number NCS000417 Gaston County, Town of Ranlo In accordance with your application for a stormwater discharge permit received on March 7, 2003 and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and. the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http://h2o.enr.state.nc.us/su/NPDES_Phase_I1 Stormwater_Program.htm If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617' 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919-733-2496 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Afrmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarolina Natu'rallY If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS 000417 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Ranlo is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Ranlo Jurisdictional Area Gaston County to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective July 1, 2005. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 22, 2005. -&A -&-oi Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS 000417 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Ranlo is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Rcport, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase Il Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 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 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this Permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Part I Page 1 of 2 PERMIT NO. NCS 000417 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. 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, an NPDflS discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan, Part I Page 2 of 2 PERMIT NO. NCS 000417 PART II 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: 1. The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. , The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part II Page 1 of 12 PERMIT NO. NCS 000417 9. The pernnittee 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. Part H Page 2 of 12 PERMIT NO. NCS 000417 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP:• . a Measurable,Goals YR-' ',YR � YR , YR YR 1 z.. 3 4 3 (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. 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. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part H Page 3 of 12 PERMIT NO. NCS 000417 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP .,;:'`': ;:. Measxrable Goals ''ci YR -YR-. YR YR ; YR 1 2 (a) Administer a Public Develop and implement a Public X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X Group(s) stormwater issues and the stormwater program. Part 1I Page 4 of 12 PERMIT NO. NCS 000417 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 pertnittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. � � Y BMP , � a}} . Fs •�s _ Measurable'Goals � �f „ �� �YW, - 7 I, F.[C YR ' �YR 43 4ety `Td .11 �._ry-t 'I �''i -.; g''�':'� �,?�,F �-' - C [ ?44 F� 7., s" Lr � f � � 4 ���� 5'� �'�'4vi ° °f�i J;si�. (a) Develop/Implement Develop and implement an Illicit X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Pro ram assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X discharge detection detect dry weather flows at system procedures outfalls. Establish 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 per approved Illicit Discharge Program. Part 11 Page 5 of 12 PERMIT NO. NCS 000417 `BMP Measurable AW DO �.R1,*7 -,Y—WW W WP;Wa 911M 5 its4x "r 5' (c) Conduct employee Conduct training for town staff on X x x cross-trainin,-_ detecting and reporting illicit discharges (f) Provide public Inform public employees, businesses, and x x education the general public of hazards associated with illegal discharges and improper -dis osal of waste. (g) Establish a public Establish and publicize a reporting X reporting mechanism mechanism for the public to report illicit I discharges Part 11 Page 6 of 12 PERMIT NO. NCS 000417 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS I. 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 operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable- Goals. , YR 1 :,YR 2 YR YR� 4 YR 5. (a) Implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at constructions for erosion and sites and providing for sanctions to ensure sediment control compliance. Instead of originating a new program, the permittee may elect to comply by relying on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. Part H Page 7 of 12 PERMIT NO. NCS 000417 BMP Measurable Goals YR YR YR YR YR 1 2 3: 4 5 (b) Develop requirements Require construction site operators to X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality impacts. (c) Provide educational New materials may be developed by the X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the pernuttee's construction runoff controls program. (d) Institute plan reviews Review construction plans and establish X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish inspection Establish procedures for site inspection X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. Part 11 Page 8 of 12 PERMIT NO. NCS 000417 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's Stormwater Management Ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. BMP Measurable Goals YR YR, YR YR. YR'3 1 2 3 4 5 (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X which include BMPs include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified rofessional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part II Page 9 of 12 PERMIT NO. NCS 000417 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-1 — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the I -year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; Part H Page 10 of 12 PERMIT NO. NCS 000417 (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part [I Page l 1 of 12 PERMIT NO. NCS 000417 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 objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP :; Measurable,Goais YR YR YR _YR YR ' 1 2 3 4 5 (a) Develop an operation Develop an operation and maintenance X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. 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. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekee ing procedures. (d) Review of municipality Conduct annual review of the industrial X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part 11 Page 12 of 12 PERMIT NO. NCS 000417 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. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July 1 to June 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (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 MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 PERMIT NO. NCS 000417 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 (in accordance with Part N, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. 4 lfi� fY$ Part III Page 2 of 2 1 PERMIT NO. NCS 000417 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: Department of Environmental and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-16 l7 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for env iron mentallstormwater 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: 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS 000417 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected: (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part [i[ of this permit on forms provided by the DWQ. 6. 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. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS 000417 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 of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a,civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations Part V, VI, VII & VIII Page I of I 1 PERMIT NO. NCS 000417 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). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. S. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V, VI, VII & VIII Page 2 of I I PERMIT NO. NCS 000417 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept 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. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V, V1, VH & VM Page 3 of l I PERMIT NO. NCS 000417 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, VI, VII & VIII Page 4 of 11 PERMIT NO. NCS 000417 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a MS4, an authorized representative of a municipal operator or the MS4 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 Part V, VI, V1I & VIII Page 5 of 11 PERMIT NO. NCS 000417 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-2I5.3(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, VI, VII & VIII Page 6 of 1 1 PERMIT NO. NCS 000417 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. a1. 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 V, V 1, VII & V 1I1 Page 7 of 1 1 PERMIT NO. NCS 000417 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice BMP Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development If it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Dement Department means the North Carolina Department of Environment and Natural Resources Part V, VI, VIl & VIII Page 8 of 1 I PERMIT NO. NCS 000417 7. Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. S. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. IL Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 12226(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): 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 Part V, VI, VII & Vfll Page 9 of I 1 PERMIT NO. NCS 000417 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; in. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 1222 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, V1, VII & Vf11 Page 10 of I 1 PERMIT NO. NCS 000417 19. Point Source Dischar e of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which Stormwater is or may be discharged to waters of the state. 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. 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 necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, Part V, V1, VII & V1II Page 11 of 1 l 7i;A .A ''.NCDENR.. North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 22, 2005 Mayor Steve Alexander Town of Ranlo 1624 Spencer Mountain Road Gastonia, North Carolina 28054 William G. Ross, Jr., Secretary Alan W. Klimek, RE„ Director Subject:.NPDES Permit Number NCS000417 Gaston County, Town of Ranlo Dear Mr. Alexander; In accordance with your application for a stormwater discharge permit received on March 7, 2003 and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summari:zcs comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http://h2o.enr.state.nc_.us/su/NPDES_Phase �II Stormwater_Program.htm If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such dernand is made, this decision shall be final and binding. . This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One y, 7 512 N. Salisbury St., Raleigh, North Carolina 27604 N One lCarO1111c`1 Phone: 919-733-70151 FAX: 919-733-2496I Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Natutrallff If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, BAA Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO, NCS 000417 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Ranlo is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Ranlo Jurisdictional Area Gaston County to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, M, IV, V, VI, V11 and VIR hereof. This permit shall become effective July 1, 2005. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 22, 2005. ?" ?OVJ Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART Il FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND.PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F. POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS 000417 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Ranlo is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Houser Branch, Burton Branch and their tributaries, within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the per nittee's Comprehensive Stormwater Management Prpgram Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 1.1 Municipal NPDES Storrwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the 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 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this Permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Part I Page I of 2 PERMIT NO. NCS OOO417 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. S. 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 permittce if such discharges are: (a) Permitted by, and in compliance with, an NPDES discharge permit including discharges of process and non -process wastewater, and Stormwater associated with industrial activity; or (b) Determined to be incidental non-Stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT` NO. NCS 000417 PART II 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 hollowing areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan, 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part D Page 1 of 12 PERMIT NO. NCS 000417 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. Part E Page 2 of 12 PERMIT NO. NCS 000417 SECTION I3: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP -, , Measurable Goals YR YR I1 ,YR, YR 1 2 3, 4 S; (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. 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. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part lI Page 3 of 12 PERMIT NO. NCS 000417 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals - YR YR YR ; YR : YR - : 1 2, 3-:4;, 5 (a) Administer a Public Develop and implement a Public X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X Group(s) stormwater issues and the stormwater program. Part II Page 4 of 12 PERMIT NO. NCS 000417 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. ObJectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. �, -,:, �w Measurable Goais�� $ s, YRkYR YR � YR1 t YRa �u ,f:: ,� i r�. � i ,�t �.. ,n � � ii s ,� �h ; a �, i mf x � :• ,, y. �- My.s � rra- �`e", r<. att "�' 1 �+ �M� f • _. (a) Develop/Implement Develop and implement an Illicit X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program I assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to X X discharge detection detect dry weather flows at system procedures outfalls. Establish 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 per approved Illicit Discharge Program. Part 11 Page 5 of 12 PERMIT NO. NCS 000417 d ^� FF BMP 'q,. � �� ram -ate "�,. '� ♦- ea ari 1Vleasurable Goals ^9 p g YR sa YR r 5 F YR,. YR YR ^�,�,3 3 ''' ( R "+E,fir.'"i r +- y s ' A - �2 a, ..7 ..� r an s fra. ;k :f-..," ,,...'a�."'"'' ;;..-A-:� �'1kt� ,r. �;''"J �fi -�e..,. 4 _i c< (e) Conduct employee Conduct training for town staff on X X X cross -training detecting and reporting illicit discharges (1) Provide public Inform public employees, businesses, and X X education the general public of hazards associated with illegal discharges and improper disposal of waste. {g) Establish a public Establish and publicize a reporting X X reporting mechanism mechanism for the public to report illicit discharges Part H Page 6 of 12 PERMIT NO. NCS 000417 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 o1' development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP ; Measurable Goals YR 1 YR 2 YR 3, YR 4" YR (a) Implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at constructions for erosion and sites and providing for sanctions to ensure sediment control compliance. Instead of originating a new program, the permittee may elect to comply by relying on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. Part II Page 7 of 12 PERMIT NO. NCS 000417 BMP Measurable Goals YR YR YR YR YR 1 2 3 4. 5 (b) Develop requirements Require construction site operators to X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality impacts. (c) Provide educational New materials may be developed by the X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the permittee's construction runoff controls program. (d) Institute plan reviews Review construction plans and establish X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish inspection Establish procedures for site inspection X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. Part H Page 8 of 12 PERMIT NO. NCS 000417 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's Stormwater Management Ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. BMP- ;Measurable Goals, YR YR "YR- YR- YR, 1 2 ,3 4 5. (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X which include BMPs include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a ualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part H Page 9 of 12 PERMIT NO. NCS 000417 I The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-1— WS-1V waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; Part H Page 10 of 12 PERMIT NO. NCS 000417 (B) All structural stormwater treatment systems must be designed to achieve 85%n average annual removal of total suspended solids; (C) Stormwater management. measures must comply with the General Engineering Design Criteria For A11 Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 1 I of 12 PERMIT NO. NCS 000417 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 objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. B MP Measurable Goals YR YR .. YR YR YR .e : S (a) Develop an operation Develop an operation and maintenance X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from muriici al operations. (b) Inspection and Develop an inventory of all facilities and X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accom lishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping rocedures. (d) Review of municipality Conduct annual review of the industrial X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part II Page 12 of 12 PERMIT NO. NCS 000417 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 live years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July I to June 31. The pertnittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (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. (1) 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 MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 PERMIT NO. NCS 000417 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 (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4-. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS 000417 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: Department of Environmental and Natural Resources Division of Water Quality Stormwatcr Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (1) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for env iron me ntal/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 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 PERMIT NO. NCS 000417 3. Recording Results For each activity performed or information collected pursuant to the requirements of' this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which.may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within S days of the time the pen ittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. 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. 6. 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. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS 000417 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 of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations Part V, VI, VII & VIII Page I of I I PERMIT NO. NCS 000417 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 U penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in - violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-2 l 5.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V, VI, V11 & VIII Page 2 of I 1 PERMIT NO. NCS 000417 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept 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. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not'more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V, VI, VII & VIIl Page 3 of I I PERMIT NO. NCS 000417 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, V1, VII & V1I1 Page 4 of 11 PERMIT NO. NCS 000417 SECTION C: MONITORING AND RECORDS I. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a MS4, an authorized representative of a municipal operator or the MS4 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 Part V, VI, VII & VM Page 5 of L 1 PERMIT NO. NCS 000417 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 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 143-215.68 or in Section 309 of the Federal Act. Part V, VI, VII & VIH Page 6 of I I PERMIT NO. NCS 000417 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 21-1 .0100; and North Carolina General Statute 143-215.1 et. al. PART 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 V, V1, VH & VI11 Page 7 of 1 1 PERMIT NO. NCS 000417 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. b. Dement Department means the North Carolina Department of Environment and Natural Resources Part V, VI, VII & VIII Page 8 of 11 PERMIT NO. NCS 000417 T Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. 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): 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 Part V, V1, VH & VI11 Page 9 of 1 1 PERMIT NO. NCS 000417 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 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, VI, VU & VIII Page 10 of I 1 PERMIT NO. NCS 000417 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 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. 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 necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, V1, VII & V1II Page 11 of 11 • • • Town of Ranlo MAR - 7 2003 :y F fs -B 2 _ Storm Water NPDES Phase II Permit Submitted on 03/tO/03 r] U 40 Table of Contents. Applicant Status Information I RPEIMS4 System Information 1 Existing Local Water Quality Programs 2 Receiving Streams 2 CO -Permit Application Status Information 2 Reliance on Another Entity to Satisfy One or More of Your Permit Obligation 3 Delegation of Authority 3 Signing Official's Statement 3 MS4 Contact Information 4 Permits and Construction Approvals 5 Public Education and Outreach on Storm Water Impacts 6 Public Involvement and Participation 7 Illicit Discharge Detection and Elimination 7 Construction Site Stormwater Runoff Control 10 Post -Construction Storm Water Management in New Development and 12 Redevelopment Pollution Prevention/Good Housekeeping. for Municipal Operations 13 Appendix A BMP's 15 Appendix B Organization Chart 20 Appendix C Storm Water Fees 22 Appendix D Advertisements 24 Appendix E Delegation of Authority 26 State of North Carolina o�Icl Department of Environment & Natural Resources Date Reed Division of Water Quality Fee Paid Permit Number • NPDES STORMWATER PERMIT APPLICATION FORM ISE'..ONLY .. , U3-o-7-o k-145L]u7 -1 S� This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater PennitApplication (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU168)are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Ranlo Seeking Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Gaston f. Jurisdictional Area (square 2 miles g. Population Permanent 2202 Seasonal (if available) h. Ten-year Growth Rate 26% i. .Located on Indian Lands? Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 2 b. River Basin(s) Catawba c. Number of Primary Receiving Streams A. Estimated rcenta a of jurisdictional area containing the -following four land use activities: • Residential 30 • Commercial 5 • Industrial 25 • Open Space 40 Total = 100% this was established using the official zoning ma Page 1 .-..n. ter-.. --.- NPDES RPE Stormwater Permit Application • e. Are there significant water quality issues listed in the ❑ Yes ® No attached application report? Describe the Storm water system and the maintenance for the system. Ranlo Storm water system is made up of curbs and gutter that empty into infiltration ditches along state maintained roads and some municipal maintained roads. The largest portions of the system includes open ditches along the roads which empty into several streams. There are now sediment ponds or ponds designed to slowly release the water after a storm event. III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land .Use -Plan ❑ Yes ® No Receiving Streams Complete a table (as shown in Table 1 below) for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Information Sources: • Which river basin are you in? http//h2_ o.enr,state_ .nc.us/basinwide/w_ hichbasin,htm Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html Water Quality Classifications http://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmi Basinwide Water Quality Plans: http://h2o.enr.state.nc.us/basinwide/index.htmi 303(d) .List: http://h2o.enr.state.nc.us/mtu/download.html • Table 1. River Basin Receiving Stream Name Stream Segment Water Quality Classification Use Support Rating Water Quality Issues Houser Branch 11-29-17 C Not Related Burton Branch 11-29-16-8 C Not Related IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with a permitted Phase I entity? Yes ®No b. If so, provide the name and permit.number of that entity: Page 2 NPDES RPE Stormwater Permit Application • • • • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No rmittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NCDENR • Element they will implement Soil and Erosion Control • Contact Person Matt Heller • Contact Address 919-N. Main St. Mooresville, NC 28115 • Contact Telephone Number 704-663-1699 c. Are legal agreements in place to establish responsibilities? ❑ Yes ® No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority Chuck Webb has been delegated b. Title/position of person above Town Coordinator c. Documentation of board action delegating permit authority to this person/position must be _provided in the attached application report. VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to.determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board.action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. Page 3 NPDES RPE Stormwater Permit Application 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 O properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware th t there are significant penalties for submitting Pals information, including the possibili f f and imprisonment for knowin iolations Signature Name Steve Alexander Title Mayor Street Address 1624 Spencer Mountain Rd PO Box City Gastonia State NC Zip 28054 Telephone 704-824-3461 Fax 704-824-3426 E-Mail ranlonc@bellsouth.net VIII. MS4 CONTACT INFORMATION . Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. C7 a. Name of Contact Person Chuck Webb b. Title Town Coordinator c. Street Address 1624 Spencer Mountain Rd d. PO Box e: City Gastonia f. State NC g. Zip 28054 h. Telephone Number 704-824-3461 i. Fax Number 704-824-3426 j. E-Mail Address ranlonc@bellsouth.net Page 4 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS 10 List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. L.J • a. RCRA Hazardous Waste Management Program b. UIC program under SDWA c. NPDES Wastewater Discharge Permit Number d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for .Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under section 404 of CWA X. NARRATIVE. APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required.narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. 1. Stormwater Management Program Plan You must develop, implement, and enforce a stormwater management program (SWW) designed to reduce the discharge of pollutants from your small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The SWM.P must be developed and fully implemented within five years from the effective date of the issued NPDES stormwater permit. Page 5 NPDES RPE Stormwater Permit Application For each of the measures listed below, provide a table that summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation. An example BMP summary table is provided in Appendix A. 1.1. Public Education and Outreach on Storm Water Impacts You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. Include the following information to explain your proposed program to meet these requirements. l.1.1. BMP Summary Table See Appendix A 1.1.2 Target Audience: Explain the target audiences for your education program. Target audiences shout those likely to have significant storm water impacts (including commercial, industrial and instituti entities). Describe why those target audiences were selected. The Town has targeted the households, employees, and all commercial operation. All of these group will have an effect on storm water. The house holds may dam up and cause rerouting of the flow, while the commercial activities may increase the amount of impervious area thus resulting in increased runoff containing more pollutants. 1.1.3 Target Pollutant Sources: Explain what target pollutant sources your public education program is designed to address and why those sources are an issue for your MS4. Trash, fertilizers, house hold products, and petroleum products. The town feels that with such a large area comprised of house hold and open space that the chemicals used for car washing, cleaning, and isupkeep of homes an autos snake up the largest pollutants in the system. 1.1.4 Outreach Program: Describe your outreach strategy, including the mechanisms (e.g., printed brocht newspapers, media, workshops, etc.) you will use to reach your target audiences, and how many people do you ex to reach by your outreach strategy over the permit term. Explain how you plan to inform individuals and househ about the steps they can take to reduce storm water pollution and how you plan to inform individuals and group how to become involved in the storm water program (with activities such as local stream and beach restors activities). Ranlo will be developing an outreach program that focus on the distribution of written materials, and printed brochures. The town will have available in Town Hall and will be distributing other materials through the mail and in newspapers to the target audience mentioned in Sec. 1.1.2. The town expects to reach every one of it citizens through a direct mailing with the utility bills. These mailings will explain the what stormwater is and how they can help to decrease the effect of the stormwater. The Town Coordinator will be responsible for ensuring that these goals are meet. 1.1.5 Decision Process: Document your decision process for the development of a storm water public education and outreach program. Your rationale statement must address your overall public education program and the individual BMPs, measurable goals and responsible persons for your program. The responsible person for the educational program will be the Town Coordinator Chuck Webb. The town will first be developing an educational program that will meet the requirements of this permit. The educational program will included examples of materials to be distributed to the public and employees, and printed materials that may be placed in the newspaper or mailed to the customers of our utility system. These programs will allow the town to contact and inform the largest number of residents and Sbusyness owners in the affected area. Page 6 NPDES RPE Stotrmwater Permit Application S1.2 Public Involvement and Participation You must at a minimum, comply with State, Tribal, and local public notice requirements when implementing a public involvement/participation program. You can use this minimum requirement as your program for public involvement. If so, please provide appropriate documentation of the process followed and copies of the public notice(s) issued. The Town will comply with the public hearing requirements to insures that there is adequate public involvement in the permitting process. The public hearing will be advertised for two consecutive weeks prior to the hearing in a local newspaper of general circulation, The first ad will run no sooner than twenty five days before the meeting and no Iater then ten days before the meeting. The advertisements will be attached to the permit. 1.3 Illicit Discharge Detection and Elimination You must develop, implement and enforce a program to detect and eliminate illicit discharges [as defined in 40 CFR §122.26(b)(2)] into your MS4. Include the following information to explain your proposed program to meet these requirements. 1.3.1 BMP Summary Table See appendix A 1.3.2 Storm Sewer System Map: • Describe how you will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters. Describe the sources of information for the maps, and how you plan to verify the outfalls locations. if already completed, describe how you developed this map. Also, describe how your map will be regularly updated. The storm sewer system map is currently being developed by our Engineering Consulting firm. The map should be ready for preliminary review in the next two years and publication a year after that. The Engineering Consulting firm will be gathering data on the outfalls from local, county, state, and federal sources such as the USGS maps, and Flood Plain maps. Tliey will verify the information through site inspections. 1.3.5 Regutatory Mechanism: Describe the mechanism (ordinance or other regulatory mechanism) you will use to effectively prohibit illicit discharges into the MS4 and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. The Town will be developing an illicit discharge ordinance in the future. This ordinance will be developed in the third year of the permit. 1.3.4 Enforcement: Describe your enforcement procedures and how these will insure that the illicit discharge ordinance is implemented. The Town will be the administering body of any ordinance on illicit connections and discharges. The Town will be using all necessary remedies to ensure that the compliance is achieved. Possible action that may be taken are withholding of the certificate of occupancy to a stop work order issued, civil penalties and court ordered injunctions. Page 7 NPDES RPE Stormwater Permit Application 1.3.5 Detection and Elimination: Describe your plan to detect and address illicit discharges to your system, inclu, • discharges from illegal dumping and spills. Consider the use of Best Management Practices (BMPs) such as weather field screening for non -storm water flows, field tests of selected chemical parameters as indicator discharge sources and on -site sewage disposal systems that flow into your storm drainage system. Your descrip must address the following, at a minimum: The Town will use a.combination of -dry weather. checks.and water sampling. to. detect, and eliminate illegal discharges. Using the data collected from the sampling of the outfalls the Town will be able to locate high priority areas and address these through proper education and enforcement. The Town will try to locate the illegal discharge of into the Stormwater system when through chemical test an abnormal chemical level is detected. The easiest and simplest way for the Town to locate the source is by taking measurement along the feeding and receiving streams until one area can be identified as having the highest concentration. Visual inspection will take place after the area has been identified. 1.3.6 Procedures for locating priority areas which includes areas with higher likelihood of illicit connections (e.g., areas with older sanitary sewer lines, for example) or ambient sampling to locate impacted reaches. Procedures for tracing the source of an illicit discharge, including the specific techniques you will use to detect the location of the source. The Town will identify priority areas by the levels of pollutant which are found during the sampling. Furthermore gray water will also be addressed through education a program that inform and encourages the citizens to report or correct the discharges. Also the Town will be visually inspecting the areas during their normal work duties as soon as we can train our employees to detect these connections. Illicit or illegal connection will be removed through enforcement of the ordinance. 1.3.8 Procedures for removing the source of the illicit discharge.? The Town will plan to eliminate illicit connection or discharges by first educating the population. After the education phase we will develop an ordinance that will provide us with all the enforcement ability given to us by the state. If the violation continues then we will seek help from the regional office for ANCDENR. 1.3.9 Procedures for evaluation of the plan to detect and eliminate illicit discharges. Our program will be evaluated by using the water quality data collected over the years. If at The end of five years we do not see a degradation of water quality then the program will be determined that it is effective. 1.3.10 Non Stormwater Discharges: Address the following categories of non -storm water discharges or flows (i.e., it discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flush landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration defined at 40 CFR §35.2005(20)), uncontaminated pumped ground water, discharges from potable water soul foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, foa drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorin swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded f the effective prohibition against non -storm water and need only be addressed where they are identified as signifi, sources of pollutants to waters of the United States). You may also develop a list of other similar occasional incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing these discharges to your MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a • provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to your MS4. Page 8 NPDES RPE Stormwater Permit Application At this time the Town will allow all of the above named pollutants to discharge into the system. • 1.3.11 Outreach: Desciribe how you plan to iiifoi* is public employees, businesses, and the generral public of hazards associated with illegal discharges and improper disposal of waste. include in your descrilitioh how this plan will codMinate with your OUblie education minimum Measure and your pollution prevention/good housekeeping minimum measure programs. • The Town will be using printed material that can be distributed to the general population through the use of mailers. The public employees will have materials distributed by the Town Coordinator on a regular basis that goes over storm water and what effects it can have on the environment. This will coordinate with the BlvtP's outlined in appendix A. 1.3.12 Decision Process: Docuiiient your decision process For the development of a stoein water illicit discharge detection and elimination program. Your rationale statement must address your overall illicit discharge detection acid elimination program and the iiidividuai BMP9, i0easui°able goals, sand responsible persons for your program. The Town decision for what needed to be implemented were based off the requirements of the permit. The Town realizes that currently we do not have many ordinances or policies to address stormwater and it effects with this we Have included what we feel is the most needed for the first five years. This includes first mapping the area. Second we must write an ordinance for the Town. Third we need to educate the employees and officials on the effects of Stormwater. Lastly is the education of the public. The responsible person for the program as it stands will be the Town Coordinator. 1.3.13 Evaluation: Explain how you will evaluate the success of this inihiiniiin measure, inthidifig the hieasu"rable goal; each of the BMPs. The Town will develop an ordinance. The Town will be able to measure the effects of the ordinance by the decrease in the number of illicit connection or discharges. The town is also in the process of developing a system iiiap to comply with tliis permit. TW town will also lie distributing inforiiialion to the public and the employees through which the town will be able to measure the number of complaints and the resolution of each complaint. Lastly the town will develop a standard operating system of enforcement and a data base to keep track of the enforcement and inspection. Page 9 NPDES RPE Stormwater Permit Application 1.4 Construction Site Stormwater Runoff Control ® You nrust develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water dikUtges froiii construction activity disturbing less tm i oiie acne must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. You may indicate your intention to rely on the State Erosion and Sediment Control Program (or a locally dciegated program) and the DWQ general storiiiwater permit for construction activities to iiiact these requirements. if you choose to develop and implement your own construction site stormwater runoff control program, then you must provide the following information. L4.1 BMP summary 'Table See appeudbZ A 1.4.2 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory mechanism) you Will use to require erosion and sediment controls at construction sites and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections as an appendix. You must establish requirements for: TheTown will be adopting the sediment and erosion control ordinance developed by the Gaston County Division of Environmental and Natural Resources. This ordinance addresses all major concerns that sediment and erosion controls causes. 1.4.3 Plan Reviews: Describe your procedures for site plan review, including the review of pre -construction site pi Which incorporate consideration of polential water duality iinpacls. Describe your procedures and the rationalt how you will identify certain sites for site plan review, if not all plans are reviewed. Describe the estimated nun • and percentage of sites that will have pre-consli^uclion site plans reviewed. Currently the T6Wh does not rt� sediment and erosion control measure for new and expanding development. Upon adoption and execution of the ordin. and local agreement of [lie coitlhty ordiiianU all plait review for kdhiieht aiid erosion control iiteas-&6 will be han through the Gaston County Division of Environmental and Natural Resources. 1.4.4 Enforcement: Desi rihe your plan to erisure compliance with y6ue erbsibn Arid sediment e6ritrirl regulatory mechanism, including the sanctions and enforcement mechanisms you will use to ensure compliance. Describe your procedures for when you will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials f6r non-eofnpliance. Enforceirient for the construction site St6rmwater runoff eoiitrols will be handled through the county. The county and the Town will be able to with hold certificates of occupancy if the regulation of the program are not meet. The enforcement of the ordinance will depend on the agreements in place at the time of adoption. 1.4.5 InSpectibhi ' Describe your procedures for site inspeclioii and cnforcenieot of conl`rol measures, including how will prioritize sites for inspection. Upon adoption of Gaston County sediment and erosion control ordinance all iiispeclioii will be handled by Gas[6h Coun[y. Areas of concerti will lie prioritise by categorising [heir ]ocations. area that are closer to outfalls will receive a higher priority than areas farther away. 1.4.6 Public Infi►rriiati6ri: Explain your prrcedures f6e receipt and consideration 6f irif6rriiati6ri submitted by the public. Consider coordinating this requirement with your public education program. ? The Town holds regular meeting to which the public may attend and voice their concerns. A citizen may also file a formal complaint with the Town if they feel that action has not been taken on the ih5tter. As always the towns elected officials and 'staff follow a opeli door policy were concerned citizens may personal, discuss matters with them. Page to rl•ri i �cw .n�.n� NPDES RPE Stormwater Permit Application 1.4.7 Decision Process: Document your decision process for the development of a construction site stormwater ru • control program. The staff and council decided that the best way for a Town the size of ltanlo to handle the increase in responsibility was to contract with the county for administration of certain programs. The county has spent a large 5ih6uiit of resources and tune ineeting with takeliolder§ to develop the proposed ordinance. Therefore the town feels that the proposed ordinance addresses all concerns that developer, local government, and citizens have on this issues. • 01 1.4.8 lEvaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal! each of the BMPs. The program will be evaluated by determining how effective the county has been in enforcement and site plan review. If we can tell a difference in water quality during sampling then the county ordinance and enforcement will be considered successful. Although we will not base our decision only on improved water quality. If tki is not disceriiibie iinpaihheiit or degi~adati6ii in water quality the Towii fray al§o consider the ordinance and enforcement successful. Page t l A N. A'1 NPDES RPE Stormwater Permit Application 1.5 Post -Construction Storm Water Management in New Development and Redevelopment • 1.5.1 Do you currently have development standards that address Stormwater management on new or redevelopment projects that disturb more than one acre of property. if you answered yes is this an ordinance that required plan reviews, and upkeep of BMP's , describe how it meets the requirements for this permit, and does it address structural and non-structural controls? No 1.5.2 Describe your maintenance program, including enforcement mechanism. The Town does provided maintenance of the structural system on as needed bases as determined by the Town Coordinator and Public Works Director. The Town has recently instituted a storm water fee to ensure that maintenance and upkeep of the system may be carried out on a yearly bases. 1.5.3 Describe your plan review process. There is no review process 1.5.4 4f all your current practices and strategies, list the ones that will be used as on -going BMPs under this permit. Collection of the Storm Water Fees (see appendix C) 1.5.5 Do you have requirements for structural BMPs to control Stormwater on site for new or redevelopment activities to control water quality? No 1.5.6 Describe the regulatory mechanism, those controls and how they were selected to control water quality? There are none 1.5.7 Do you have a regulatory mechanism to address post -construction controls for water quality? No a 1.5.7 if you don not have standards that address post construction storm water management how will you meet this requirement. The Town does not currently have a regulatory mechanism to control post construction. The Town does currently have a contract for rewriting and up dating of the Town ordinances. During this process the consultant will be examining regulatory mechanism to address this issue. 1.5.8 Describe how you will establish a long term maintenance program and who will pay for this program. The Town will be incorporating a policy for long term maintenance of single family developments. It has not been decided if commercial sites will be responsible for their own upkeep of the sediment ponds and other BMP's or if this will be part of the storm water fees. 1.5.9 What minimum control will you follow? The Town will be examine the use of buffers, built upon areas, sediment ponds, setbacks, and other proven BMP's. the Town will then incorporate some of these into the zoning and subdivision ordinance. 1.5.10 What are your priority areas and other condition that may require special attention. At this time the Town is unsure of the priority areas. We will be examining them in the future for placement on a needs list. 1.5.11 Describe how the Town will measure the goals of this program. The Town will determine the effects of this section by tracking the sample obtained from the outfalls and . monitoring the pollution levels for a stabilization or decrease_ Page 12 NPDES RPE Stormwater Permit Application 1.6 Pollution Prevention/Good Housekeeping for Municipal Operations • You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, Tribe, or other organizations, your program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. Include the following information to explain your proposed program to meet these requirements. 1.6.1 BMP Summary Table See appendix A 1.6.2 Affected Operations:. Specifically list your municipal operations that are impacted by this operation maintenance program. You must also include a list of industrial facilities you own or operate that arc subjet NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated industrial activity that ultimately discharge to your MS4, include the permit number and certificate of coves number for each facility. None that we can note. 1.6.3 Training: Describe any government employee training program you will use to prevent and reduce storm w pollution from activities such as park and open space maintenance, fleet and building maintenance, new construe and land disturbances, and storm water system maintenance. Describe any existing, available materials you pla use. Describe how this training program will be coordinated with the outreach programs developed for the pt information minimum measure and the illicit discharge minimum measure. • The Town will began a process of education for all employees on the effects of stormwater run off. The employees will be given the material and information by the Town Coordinator and will have discussion with the Public Works Director on proper usage of chemicals and the effects on storm water. 1.6.4 Maintenance and Inspections: Describe maintenance activities, maintenance schedules, and long- term inspection procedures for controls to reduce floatables and other pollutants to your MS4. The Town will be developing a maintenance plan for the system in the coming years. The plan will include inspection and maintained of areas when it is determined that they have been compromised or degraded. Inspection will be the main source of this identification. The inspection will not only target illicit discharge but will be a review of the system performance. 1.6.4 Vehicular Operations: Describe your controls for reducing or eliminating the discharge of pollutants from munic parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor stoi areas, and salttsand storage locations and snow disposal areas you operate. The Town will explore the possibilitii placing materials such as salts and solid waste vehicles under a shelter. The vehicle maintenance will be keep minimum and proper techniques of spill clean up will be observed. 1.6.6 Waste Disposal: Describe your procedures for the proper disposal of waste removed from your MS4 and your municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris. Non-ha-rards waste will be disposed of at the local landfill. Hazards waste will be disposed of following the guidelines for hazards waste disposal that the local fire department must follow. 1.6.7 Flood Management Projects: Describe your procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects are assessed for . incorporation of additional water quality protection devices or practices. Ranlo will continue to use FEMA guidelines in order to address these issues. Page 13 NPDES RPE Stonmwater Permit Application 0 • 1:6.8 Existing ordinances: Describe your decision process for reviewing existing ordinances for possible modiiicatio address stormwater issues. Currently the Town has hired a local consultant who is focusing on revising the Town ( and Zoning and Subdivision Code. While undertaking this process he will examine the relevant ordinances for compli, with the storm water permit and rules. 1.6.9 Decision Process: Document your decision process for the development of a pollution prevention/good housekeeping program for municipal operations. Your rationale statement must address both your overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for your program, The Town will develop a pollution prevention plan as needed for compliance with the permit. Also the Town will consider the affected areas of the potential spills and take appropriate steps to limits and control the effects of the spills. 1.6.10 Evaluation: Explain how you will evaluate the success of this minimum measure, including the meauurable goal; each of the BMPs. The measurable goal will include the identification of areas, which are owned by the Town and have a potential to discharge storm waters. Option will be explored as to how the Town can decrease the amount of pollutants in the run-off. Beginning in year two the Town will develop an implement a program were educational material is distributed to all of the employees. Employees who will be in charge of managing the systems performance will be given additional training to ensure that they will be capable of effectively discharging their duties. Page 14 0 0 0 Prepare and The town will prepare an educational plan that will detail what areas will be X X X Town Coordiantor Pa P Pa Education al Plan laddressed and metrials needed to address these area. Printed Material Develop mailers or statements for the utility bills which can provided I X X X X I X Town Coordiantor information to the customers of the town on storm water and its affects on the purity of the water supply, Education of the Provide education materials for the town employees at least once a year X X X X X Town Coordiantor Employees starting in year one, These will focus on the importance of storm water management and provided the employees with background knowledge so that they may answer question and perform there job responsibility better Hand Outs Develop materials for distribution in the town hall, during meetings, and x x x X X Town Coordiantor other pubic places, The message will be focused towards the households and will detail what they can do to reduce storm waters, ordinance Develop and ordinance and hold a public hearing . Submit the ordinance lin the annual report X I X I X A System Prepare a system map over the five year span of the permit. The map will X X X X X be developed by the public works director under the supervision of the town manager Town Coordiantor Town Coordiantor Develop printed Prepare printed material on illicit connection and place the material in areas X X Town Coordiantor material on illicit were the public will have access to the material, Provided contact connections information to report any illicit connection that they may find, Train employees on provided materials and training through the town managers offices on how x x Town Coordiantor how to detect illicit to located illicit connections and who to contact when an illicit connection is connection. found Establish a data Establish a computer data base on illicit connection complaints and x x Town Coordiantor base on inspection enforcement action taken also track the inspection of the outfalls and enforcement Develop Standard The town will work with the county in developing procedures for Town Coordiantor procedures for the administrations of the program and responsible areas of each group DrOa ra Rl5 a plan establish a plan review requirement with the county Inorder to ensure that sediment and erosion control measure are address during construction stablish an Establish the areas of responsibility between the town and county. Also nforcement develop penalties for non-compliance rocedures Develop ordinance The town curren4 has hired a consultant to review and amend the and policies that development codes for the town. This process will be compleeted over the address infill, next two years sediment and erosion controls, built upon areas, x x Town Coordiantor Town Coordiantor Town Coordiantor 0 0 9 Develop training materials on pollution prevention or public facilities The town will develop training materials and educate all employees and i pollution prevention techniques. The town will submit the training material with the annual report x x x Town Coordiantor Provide advance The town will provided advance training on maintaining, inspections, x x x Town Coordiantor training for cleaning and disposing of waste for employees who will be involved in the employees who will upkeep of the system. provided upkeep to the system i onduct and The town will conduct an environmental audit on the public works facility in I Town Coordiantor environmental audit the second year and fifth year. The town will try to implement the E recommendation over the four years. j Ix x x x Organizational Chart �J 0 Storm Water Fees Residential Units: Every residential unit is charged $1.80 based on an average of 2600 sgft of impervious area. Commercial: Every commercial property was measured using orthographic photos. The impervious area was then calculated then divided by 2600 sgft. That number is then multiplied by $1.80 to come up with the storm water fee for that property. • 0 t .r INO ON�Sl3BMf0%O41 PHASE II PERM -NoBce Is hereby given the �thai follawfng'public'heai1n6'will be held at 1824 Spencer 'Mtn. Road. Rants,"NC 28054. Mon. Mon- AFFIDAVIT OF INSERTION OF ADVERTISEME] day March 3, 2003 at 7:00 PM, bBoardofthCommf s4riets•onathe • The Gaston Gazette f° items. -NPDES Storm Water'Phase It :,,Permit. Under the direction of .`the EPA and the State of North .Carolina the Town of Ranb will ' be submitting a permit for com- 'pliance with the NPDES Storm Water Phase Il regulation. Gastonia NC These regutabons will affect de - velopment and redevelopment Gaston County activities 'with ` the .Town of -Ranb jurisdiction. _ ';;Text and maps showing the proposed wording and the juds. dic8 n affected by the permit I, Melissa Birchfield Legal Advertising Manager of the The Gaston Gazette, do cf'vie are ,on file and available for ng between the hours of that the advertisement of NOTICE OF PUBLIC HEARING ON SUBMISSION OF tfiru' day" n5� �;Monday THE NPDES STORM WATER PHASE 11 PERMIT `T°""' of'�"'O.Tawr; Hall locat- 'eit at the ab oni address.` ;°Furthermore all persons having an 'interest. in 'g Townof i Rb1ina;i and'its'1P`e matN,,aieie5etoe,urg,0 to be'present at this hearing, for further:iinforriiatlon, call'..(704) 824�Wl Measuring 5.10 Inches appeared in The Gaston Gazette, a newspaper published in Steve /UexAnder,,a ,i ft;e' :",'"a?'0Mrc,�`; : Gaston County, Gastonia NC in issues ;..�4;`V; '1C;Febbrr t*A6.'' ' 0 FEBRUARY 16, 2003 P�, (_+a8 Me ' sa Birchfield Legal Advertising Manager Sworn to and subscribed before me this c;;2l day o ,2003 Notary Public My commission expires May 25, 2003 • C7 A RESOLUTION STORM WATER PERMIT AUTHORIZATION OF SIGNING; AND DELEGATION OF AUTHORITY WHEREAS, the Board of Commissioners of the 'Town of Ranlo, North Carolina, finds that in executing the requirements for the storm water permit the wmmission approves the signing; of the Permit by the Mayor and the delegation of authority to the Town Coordinator. WHEREAS, the federal and state governments have required local governments to complete and implement a storm water permit. WHEREAS, the implementation ol'the permit will be. an -ongoing prgjec;t. _ NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Ranlo, that the 'Town Coordinator is authorized to assume the responsibilities of implementation, maintenance, and construction of all new and existing storm water systems and Programs, Motion to adopt the foregoing resolution nvide by Commissioner Webb , seconded, Commissioner Mari 0said resolution adopted in public hearing session, duly as.wrnbW, in this 3Id day of March 2003 by the Ulowing vote. Ayes: Commissioners: three__ (3 -)_--- Nays: Commissioners: Ze r0 ( U kc)01014L'�A "-1"7 Clerk Mayor