NCS000434_Archdale Permit Application_20170516

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
Alc�0 U o H-!H
DOC TYPE
❑FIN�AL PERMIT
IVNUAL REPORT
V
PPLICATION
❑ COMPLIANCE
0 OTHER
DOC DATE
❑ �D% I �JI�
YYYYMMDD

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE -ONLY
Date Rec'd
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
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 NPDE5 Small M54 stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU Z68) 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
City of Archdale
Seeking Permit Coverage
b.
Ownership Status (federal,
City
state or local
c.
Type of Public Entity (city,
City of Archdale
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Randolph County; Guilford County
f.
Jurisdictional Area (square
8.02
miles
g.
Population
Permanent
9747
Seasonal (if available)
Not Applicable
h.
Ten-year Growth Rate
Less than 1% per year
i.
Located on Indian Lands?
❑ Yes 2 No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
7.903
b.
River Basin(s)
Yadkin -Pee Dee; Cape Fear
c.
Number of Primary Receiving
Streams
1
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
16%, calculated by impervious area
•
Commercial
3% calculated by impervious area
•
Industrial
4% calculated by impervious area
•
Open Space
77% calculated by impervious area
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes C No
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1II. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
0 Yes ❑ No
b. Local Water Supply Watershed Program
9 Yes ❑ No
c. Delegated Erosion and Sediment Control Program
ICJ Yes ❑ No
d. CAMA Land Use Plan
❑ Yes 0 No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
El Yes No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
Not Applicable
• NPDES Permit Number
Not Applicable
c. Do you intend to co -permit
❑ Yes No
with another Phase II entity?
d. If so, provide the name(s) of
Not Applicable
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes 0 No
ermittees?
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?
10 Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Piedmont Triad Council of Government
• Element they will implement
Continue Education Supplement
• Contact Person
Elizabeth Jernigan
• Contact Address
Meadowview Drive Greensboro NC 27407
• Contact Telephone Number
[phone]
c. Are legal agreements in place
to establish responsibilities?
p 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
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached appl.ication report.
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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.
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.
Signature
DRAFT VERSION SUBMITTED BY ELECTRONIC 2-1-2010 Deadline
Prepared by D. J. Seneres PE ACE Integrated Stormwater Manager
Name
Jerry Yarborough
Title
City Manager
Street Address
307 Balfour Drive
PO Box
P. 0. Box 14068
City
Archdale
State
North Carolina
Zip
27263
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
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.
a. Name of Contact
Person
b. Title
c. Street Address
d. PO Box
e. City
f. State
g. Zip
h. Telephone Number
L Fax Number
i. E-Mail Address
D. J. SeNeres, PE
Stormwater Program Manager
307 Balfour Drive
P. 0. Box 14068
Archdale
North Carolina
27263
[phone]
[phone]
[e-mail]
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IX. PERMITS AND CONSTRUCTION APPROVALS
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.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
WQCS00312
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.
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. Population Served 9,747
1.2. Growth Rate Less than 1% per year
1.3. Jurisdictional and MS4 Service Areas 7.903 square miles
1.4. MS4 Conveyance System 12.90 miles with 10.94 miles in Cape Fear River Basin
1.5. Land Use Composition Estimates 16-3-4-77
1.6. Estimate Methodology Based on impervious area throughout jurisidiction
1.7. TMDL Identification No Impaired Features; Currently taking proactive stance to improve exisiting
2. RECEIVING STREAMS City of Archdale GIS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs ACE Integrated Stormwater Management Program
3.2. State programs Randleman Water Supply Watershed
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4. PERMITTING INFORMATION
4.1. Responsible Party Contact List Same as Permit NCS000434
4.2. Organizational Chart
4.3. Signing Official Final will be signed by Jerry Yarborough
4.4. Duly Authorized Representative D. J. Seneres, PE Stormwater Program Manager
5. Co -Permitting Information (if applicable) Not Applicable
5.1. Co-Permittees Not Applicable
5.2. Legal Agreements Not Applicable
5.3. Responsible Parties Not Applicable
6. Reliance on Other Government Entity Continue to follow guidance of Division of Land Quality
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
STORMWATER MANAGEMENT PROGRAM (As Described Below using previous permit as template
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
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
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SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VIII DEFINITIONS
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PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the City of
Archdale is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to
receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River
and Yadkin River basins. Such discharge will be controlled, limited and monitored in accordance with the
permittee's Comprehensive Stormwater Program Report, herein referred to as the Stormwater Plan. The
Stormwater Plan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater 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 and surrounding areas 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. Discharges authorized under this permit shall not cause or contribute to violations of water quality
standards.
The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition,
discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges
are:
a. Permitted by, and in compliance with, another NPDES discharge permit including discharges of
process and non -process wastewater, and stormwater associated with industrial activity; or
b. Determined to be incidental non-stormwater flows that do not significantly impact water quality
and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
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• 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 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.
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9.
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 authorities 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. Any changes to the schedule must be approved by the director.
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 appropriate components of the Stormwater Plan to assure that, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4 are prohibited.
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 an appropriate post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and nonstructural best management
practices to protect water quality, to reduce pollutant loading, and to minimize post -development
impacts. This program will include provisions for long-term operation and maintenance of BMPs.
9. The permittee will evaluate municipal operations and develop and implement an appropriate program for
municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential
for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division,
the permittee shall implement a TMDL Water quality Recovery Program. The following additional
requirements apply.
a. Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the
permittee shall establish a TMDL Water Recovery Program and shall identify the locations of all
currently known MS4 outfalls within its jurisdictional area with the potential of discharging the
pollutant(s) of concern: to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The permittee shall also
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develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that
may be discharging the pollutant(s) of concern: to the impaired segments, to their tributaries,
and to segments and tributaries within the watershed contributing to the impaired segments.
b. Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the
permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan
shall include the sample location by verbal description and latitude and longitude coordinates,
sample type, frequency, any seasonal considerations, and a monitoring implementation schedule
for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring
burden by proposing to monitor outfalls that the Division would consider substantially similar to
other outfalls. The permittee may also propose in -stream monitoring where it would complement
the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are
identified in accordance with the schedule required in (a) above and as accumulating data may
suggest.
c. The permittee shall include the location of all currently known MS4 outfalls with the potential of
discharging the pollutant(s) of concern, the schedule for discovering and locating currently
unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the
monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality
Recovery Program) in the first Stormwater Management Plan annual report due no earlier than
two years after the Division's initial notification of the applicability of a TMDL.
d. The next and each subsequent Stormwater Management Plan annual report shall include an
assessment of the available data for each pollutant of concern, and an assessment of the
effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be
necessary to return the impaired segments to compliance with state quality standards. The
permittee shall implement appropriate BMPs to control the pollutants) of concern to the
maximum extent practicable. Implementation of the appropriate best management practices
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable.
e. Following any review and comment by the Division on the TMDL Water Quality Recovery
Program, the permittee shall incorporate any necessary changes into the program. The
permittee shall incorporate the revised TMDL Water Quality Recovery Program into the
Stormwater Management Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area by referencing the
2004 Integrated 305(b) and 303(d) Report (or current version), available on the website of the Division of
Water Quality Modeling and TMDL Unit.
12. Municipalities shall incorporate in their Stormwater Management Plan site -specific stormwater
management requirements for streams supporting federally -listed threatened and endangered aquatic
animal species required by site -specific management plans and schedules developed under provisions of
15 A NCAC 213.0110. Certain waters provide habitat for federally -listed animal species that are listed as
threatened or endangered by the U. S. Fish and Wildlife Service or National Marine Fisheries Service
under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications.
Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed
threatened and endangered aquatic animal species, contributes to the support and maintenance of a
balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of
the waters.
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SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the Following BMPs to meet the objectives of the Public Education and
Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable
YR
YR
YR
YR
YR
Goals
6
7
8
9
10
(a) Continue
Continue
X
X
X
X
X
a Public
public
Education
education
and Outreach
program and
Program
implement
within 12
months of the
permit issue
date.
Incorporate
outreach
elements for
significant
minority and
disadvantaged
communities
(b)
Continue to
X
X
X
X
X
Informational
post
Web Site
newsletter
Develop and
articles on
maintain
stormwater,
internet web
information
site.
on water
quality,
stormwater
projects and
activities, and
ways to
contact
stormwater
management
program staff
(c) Public
Continue to
X
X
X
X
X
education
develop
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materials for
general
schools,
stormwater
homeowners,
educational
and/or
material
businesses
targeting
school
children,
homeowners,
and
businesses.
(d) Public
Continue to
X
X
X
X
X
education
distribute
material
written
dissemination
material
through utility
mailouts, at
special
events, and at
high traffic
businesses.
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Invollvement and Participation
(a) Provide opportunities for the public 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
6
YR
7
YR
a
YR
9
YR
10
(a)
Continue to
X
X
X
X
X
Administer
implementation
a Public
of a Public
Involvement
Involvement
Program
and
Participation
Program by
way of the
Stormwater
Advisory Board
established
August 28,
2007
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(b) Allow
Conduct four
X
X
X
X
X
the public
public meeting
an
to allow the
opportunity
public an
to review
opportunity to
and
review and
comment
comment on
on the
the Stormwater
Stormwater
management
Plan.
program.
(c) Organize
Continue
X
X
X
X
X
a volunteer
fostering
community
volunteerism
involvement
through school
program.
environmental
clubs and other
venues.
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.
BMP
Measurable
Goals
YR
6
YR
7
YR
8
YR
9
YR
10
(a)
Continue
X
X
X
X
X
Develop/Implement
implemention
Illicit Discharge
of Illicit
Detection and
Discharge
Elimination
Detection
Program
and
Elimination
Program.
Include
provisions for
program
assessment
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NPDES RPE Stormwater Permit Application
and
evaluation.
(b) Establish and
Maintain
X
X
X
X
X
maintain
adequate
appropriate legal
legal
authorities
authorities to
prohibit illicit
discharges
and enforce
the approved
Illicit
Discharge
Detection
and
Elimination
Program.
(c) Develop a
Maintain
X
X
X
X
X
Storm Sewer
identification,
System Base Map
locations of
and mapping
of
Stormwater
drainage
system
components.
At a
minimum,
mapping
components
includes
o utfa I Is,
drainage
areas, and
receiving
streams.
(d) Implement illicit
Implement
X
X
X
X
X
discharge detection
inspection
procedures
program to
detect dry
weather
flows at
system
outfalls.
Establish
procedures
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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
Hicit
Discharge
Program.
(e) Conduct
Conduct
X
X
X
X
X
employee cross-
training for
training,
town staff on
detecting
and reporting
illicit
discharges.
(f) Provide public
Inform public
X
X
X
X
X
education
employees,
businesses,
and the
general
public of
hazards
associated
with illegal
discharges
and improper
disposal of
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waste.
(g) Establish a
Establish and
X
X
X
X
X
public reporting
publicize a
mechanism
reporting
mechanism
For the public
to report
illicit
discharges.
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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 relies on the requirements of the North Carolina Department of Natural Resources Division of
Water Quality and Erosion and Sediment Control Program to comply with this minimum measure as a delegated
entity.
The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements
of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or
more acres of land surface and those activities less than one acre that are part of a larger common plan of
development. This program is authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title
15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to
ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of potential water quality impacts, and
procedures for site inspection and enforcement control measures.
NCDENR Division of Water Quality NPDES General Permit for constructions activities (NCG010000), specifically Par
1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit
establishes requirements frpo construction site operators to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse
impacts to water quality.
The permittee must provide and promote means for the public to notify the appropriate authorities of observed
erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the
NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment Control Program by
requesting a "minor modification" to the permit.
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SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs
an acre or more of land surface, including projects less than an acre that are part of a larger common
plan of development or sale.
(b) Ensure 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 City of Archdale shall implement the following BMPs to meet the objectives of the Post -Construction
Stormwater Management Program.
BMP
Measurable
Goals
YR
6
YR
7
YR
8
YR
9
YR
10
(a) Establish
Continue, adopt
X
X
X
X
X
a Post-
by ordinance
Construction
(or similar
Stormwater
regulatory
Management
mechanism),
Program
implementation,
and enforce a
program to
address
stormwater
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
Continue
X
X
X
X
X
strategies
implentation
which
strategies that
include
include a
BMPs
combination of
appropriate
structural
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for the MS4
and/or non-
structural BMPs.
Ensure
adequate long-
term operation
and
maintenance of
structural BMPs.
Require annual
inspection
reports of
permitted
structural BMPs
performed by a
qualified
professional.
(c) Establish
Control the
X
X
X
X
X
a program
sources of fecal
to control
coliform to the
the sources
maximum
of fecal
extent
coliform to
practicable.
the
Develop and
implement an
maximum
oversight
extent
program to
practicable
ensure proper
operation and
maintenance of
on -site
wastewater
treatment
systems for
domestic
wastewater.
Municipalities
must coordinate
this program
with the county
health
department.
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
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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 Postconstruction 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;
(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 postconstruction 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.
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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
Goals
YR
6
YR
7
YR
8
YR
9
YR
10
(a) Develop
Develop an
X
X
X
X
X
an operation
operation and
and
maintenance
maintenance
program that
program
has the
ultimate goal of
preventing or
reducing
pollutant runoff
from municipal
operations.
(b)
Develop an
X
X
X
X
X
Inspection
inventory of all
and
facilities and
evaluation
operations
of facilities
owned and
and
operated by the
operations
permittee with
the potential for
generating
polluted
stormwater
runoff.
Specifically
inspect the
potential
sources of
polluted runoff,
the stormwater
controls, and
conveyance
systems.
Evaluate the
sources,
document
deficiencies,
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plan corrective
actions, and
document the
accomplishment
of corrective
actions.
(c) Conduct
Conduct staff
X
X
X
X
X
staff training
training specific
for pollution
prevention and
good
housekeeping
procedures.
(d) Review
Conduct annual
X
X
X
X
X
of
review of the
municipality
industrial
owned or
activities with a
operated
Phase I NPDES
regulated
stormwater
industrial
permit owned
activities
and operated
by the
permittee.
Specifically
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.
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PART III PROGRAM ASSESSMENT
I. Implementation of the Stormwater Plan will include documentation of all program components that are being
undertaken including, but not limited to, monitoring and sampling, inspections, maintenance activities,
educational programs, implementation of BMPs, and enforcement actions. Documentation will be kept on -file
by the permittee for a period of five years and made available to the Director or his authorized representative
immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis.
The permittee will submit a report of this evaluation and monitoring information to the Division on an annual
basis. This information will be submitted by [Set date two months after permit year's end] of each year and
cover the previous year's activities from [Insert start date] to [Insert end date]. 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 storm sewer system, education, training and results of the illicit discharge detection and elimination
program.
(g) The permittee will provide information concerning areas of water quality improvement or degradation.
Depending on the level of implementation of the Stormwater Plan, this information may be submitted
based on pilot studies, individual projects or on a watershed or sub -watershed basis.
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.
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PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this permit for a period of at least 5 years from the date of the sample, measurement,
report, or application. This period may be extended by request of the Director 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 Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(a) 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
(iv) The written authorization is submitted to the Director.
b. 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."
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or 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 the 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 that
may endanger 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.
S. Annual Reporting
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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.
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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
e. Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement
Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any
Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act,
penalties for Class II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
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.
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6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall
also furnish to the Director upon request, copies of records required by this permit.
S. 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.
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SECTION B. OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are owned and/or operated by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this permit.
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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 shaI allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a
municipal separate storm sewer system, an authorized representative of a municipal operator or the 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
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.
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PART VI LIMITATIONS REOPEN ER
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.
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PART VIII DEFINITIONS
1. 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 of 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, blue prints, 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.
6. Department
Department means the North Carolina Department of Environment and Natural Resources
7, Division_(DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
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 nonstormwater 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):
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,
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or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
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.
14. 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 other than a rebuilding activity that;
i. Results in no net increase in built -upon area, and
ii. 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.
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