HomeMy WebLinkAboutNCS000449_FINAL PERMIT_20050829STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
V � � qq�
DOC TYPE
�FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ am� 0o A
YYYYMMDD
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N-CDENR
North Carolina Department of Environment and Natu 0 r
Division of Water Quality�RUhddt'v�
R
Michael F. Easley, Governor j�ltG - , "� tary
an-W-Klimek , ctor
August 25, 2005y --'�
Mr. Steve Baucom
Town of Cramerton Planning'� 1 ` w
Director AUG 2 9 2QQ.i
155 North Main Street
Cramerton, North Carolina 28032 ' '`'
NOW
W� UTY � nb l
Subject: NPDES Permit Number NCS00044
Gaston County, Town of Cramerton
S w P&,",'� P� t:�-
Dear Mr. Baucom;
In accordance with your application for a stormwater discharge permit received on March 19,
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.tis/su/NPDES _Phase _11_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 One
512 N. Salisbury St., Raleigh, North Carolina 27604 North Cal oina
Phone: 919-733-70151 FAX: 919.733-2496 / Intemet: h2o.emstate.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Aawally
If you have any questions concerning this permit, please contact Ken Pickle at telephone number
919/733-5083 ext. 584.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
DWQ Central Files
Stormwater Permitting Unit Files
Mooresville Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000449
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 Cramerton
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Cramerton Jurisdictional Area
Gaston County
to receiving waters South Fork Catawba River, Duharts Creek, and unnamed tributaries to them,
all within the Catawba River basin in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, Ill, IV, V, VI, VII and VIII hereof.
This permit shall become effective September 1, 2005.
This permit and the authorization to discharge shall expire at midnight on August 31, 2010.
Signed this day August 25, 2005.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000449
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Cramerton is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters South Fork Catawba
River, Duharts Creek, and unnamed tributaries to them, all within the Catawba River
Basin. Such discharge shall be controlled, limited, and monitored in accordance with the
permittee's Comprehensive Stormwater Management Program Report, herein referred to
as the Stormwater PIan. The Stormwater Plan includes components of the permittee's
Phase LI Municipal 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 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 the 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 may
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 shall 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 Plan.
The purpose of the Stormwater Plan is to reduce the discharge of pollutants from the MS4
to the maximum extent practicable, to protect water quality, and to satisfy the applicable
water quality requirements of the Clean Water Act. Implementation of best management
practices consistent with the provisions of the Stormwater Plan constitutes compliance
Part I Page I of 2
Permit No. NCS000449
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee shall implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not Iimited to, the following
areas:
The permittee shall develop and maintain adequate legal mechanisms, such as
regulations, ordinances, policies and procedures, to implement all provisions of the
Stormwater Plan. The permittee shall keep the Division advised of the status of
development of the legal mechanisms and shall pursue these mechanisms in accordance
with the schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan shall 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
shall 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 shall implement the components of the Stormwater Plan to prohibit illicit
connections, spills, and illegal dumping into the MS4.
4. The permittee shall 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 shall include the provisions of this permit.
5. The permittee shall maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee shall 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 shall implement a program to reduce pollution from construction site
runoff as described in the Stormwater Plan and in accordance with this permit.
The permittee shall implement a post -construction site runoff controls 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part I1 Page I of 12
Permit No. NCS000449
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. BN Ps for Public Education and Outreach
The permittee shall implement the following BNLPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
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(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 i
Develop and maintain an internet web
X
X
X
X
X
site. 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 stormwater educational materials
X
X
X
X
X
materials for schools,
for appropriate target groups likely to have
and/or homeowners,
a significant stormwater impact. The
and/or businesses
permittee may rely on state -supplied
public education and outreach materials,
as available, when implementing its
program.
(d) Public education
Distribute written material to a broader,
X
X
X
X
X
material dissemination
general audience.
Part 11 Page 3 of 12
Permit No. NCS000449
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
I. 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.
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(a) Develop and
Develop and implement an Illicit
X
X
X
X
X
Implement an IIlicit
Discharge Detection and Elimination
Discharge Detection
Program. Include provisions for program
and Elimination
assessment and evaluation.
Program
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities.
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a storm
Identify outfall locations and map
X
X
X
sewer system base
stormwater drainage system components.
map
At a minimum, mapping components
include outfalls, drainage areas, and
receivin streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
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 update
the map of drainage system components
on a priority basis per the approved Illicit
Discharge Detection and Elimination
Program.
Part 11 Page 5 of 12
Permit No. NCS000449
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, for 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 that may
cause adverse impacts to water quality such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Construction
Site Runoff Controls Program and shall notify the Division prior to modification of any goals.
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(a) Implement a
Develop a regulatory mechanism and
X
X
X
X
X
program and
implement a program requiring erosion and
establish a
sediment controls at construction sites and
regulatory
providing for sanctions to ensure compliance.
mechanism for
Instead of originating a new program, the
erosion and
permittee may elect to comply by relying on
sediment control
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.
(b) Develop
Require construction site operators to
X
X
X
X
X
requirements on
implement erosion and sediment control BMPs
construction site
and to control construction site wastes that
o erators
may cause adverse water quality impacts.
Part II Page 7 of I2
Permit No. NCS000449
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) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter the
runoff from new development and
Program)
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
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require adequate 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 the
X
X
X
X
control the sources of
maximum extent practicable. Develop and
fecal coliform to the
implement an oversight program to ensure
maximum extent
proper operation and maintenance of on -site
practicable
wastewater treatment systems for domestic
wastewater. Municipalities must coordinate
this program with the county health
department.
Part 11 Page 9 of 12
Permit No. NCS000449
(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 11 of 12
Permit No. NCS000449
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan shall 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 shall 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 shall be reviewed and updated as necessary, but at least
on an annual basis. The permittee shall submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information shall be submitted by
October 31 of each year and cover the previous year's activities from September I to
August 31. The permittee's reporting shall include appropriate information to accurately
describe the progress, status, and results of the permittee's Stormwater Plan and shall
include, but is not limited to, the following components:
(a) The permittee shall give a detailed description of the status of implementation of
the Stormwater Plan. This shall 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 shall adequately describe and justify any proposed changes to the
Stormwater Plan. This shall 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 shall 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 shall
be documented.
(d) The permittee shall 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 shall 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 shall provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary shall include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Page I of 2
Permit No. NCS000449
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
I. 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 Environment 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 specifies 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 I of 2
Permit No. NCS000449
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 (3I
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 $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 U violations
Parts V, VI, VII & VM Page I of 12
Permit No. NCS000449
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.
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.
Parts V, VI, VII & VIll Page 3 of 12
Permit No. NCS000449
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 13.14, 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 municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Parts V, VI, VU & VIII Page 5 of 12
Permit No. NCS000449
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.
Parts V, VI, VH & Vill Page 7 of 12
Permit No. NCS000449
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 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.
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Permit No. NCS000449
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
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 Cate ones
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
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