HomeMy WebLinkAboutNCS000465_FINAL PERMIT_20051107STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
c--s o O �J `L (Q
DOC TYPE
L�-FfNAL PERMIT
❑ ANNUAL REPORT
0 APPLICATION
❑ COMPLIANCE
0 OTHER
DOC DATE
❑
YYYYMMDD
Ii
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
November 7, 2005
John A. Whitson, Town Manager
P.O. Box 166
Morrisville, North Carolina 27560
Subject: NPDES Permit Number NCS000465
Town of Mort-isville
Wake County
Dear Mr. Whitson:
In accordance with your application for a stormwater discharge permit submitted on May
4, 2004 and additional information received January 18, 2005, 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).
The final permit contains the following changes from the draft permit sent to you
September 14, 2005:
• Language in Part 11, Section E (Construction Site Runoff Controls) following the BMP
table has been modified to specify that potential problems at construction sites with
sediment and erosion control permits will be reported to Wake County.
• Language in Part II, Section F (Post -Construction Site Runoff Controls) BMP table has
been modified to clarify that implementation of some parts of this measure may be
separate from development phases but must occur within 24 months of the permit
issuance date.
Your current Stormwater Management Plan may need revision to comply with the
conditions of this final permit. Please submit your revised Stormwater Plan with your first Phase
11 Stormwater annual report, due August 31, 2006.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733.70151 FAX: 919-733-24961 Internet: h2o.enr.stale.ne.us
An Equal dpportunitylAttirmative Action Employer —50%Recycled110%Post Consumer Paper
NonrthCarolina
Natmally
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 theOff ice 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.
If you have any questions concerning this permit, please contact Bethany Georgoulias at
telephone number 919/733-5083 ext. 529.
SinceORIUNAL SIGNED BY
MICHE%L F RA.NDALL
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
Raleigh Regional Office/DWQ
PERMIT NO. NCS00046S
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000465
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 Morrisville
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Morrisville Jurisdictional Area
Wake County
to receiving waters Kit Creek, Crabtree Creek, Cedar Creek, Stirrup Iron Creek, Turkey Creek,
and Indian Creek, and any unnamed tributaries to these waters, within the Neuse and Cape Fear
River Basins in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective December 1, 2005.
This permit and the authorization to discharge shall expire at midnight on November 30, 2010.
Signed this day November 7, 2005.
MIF IGNED BY
RANDAL
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000465
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
PERMIT NO. NCS000465
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Morrisville is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters Kit Creek, Crabtree
Creek, Cedar Creek, Stirrup Iron Creek, Turkey Creek, and Indian Creek, within the
Neuse and Cape Fear River Basins. Such discharge will be controlled, limited and
monitored in accordance with the permittee's Comprehensive Stormwater Management
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
Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-Stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Part I Page 1 of 2
PERMIT NO. NCS000465
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute"to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, 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;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
PERMIT NO. NCS000465
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanisms, such as regulations,
ordinances, policies, and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce the potential for pollutant runoff,
and to minimize post -development impacts. This program will include provisions for
Iong-term operation and maintenance of BlAPs.
Part 1.1 Page 1 of 14
PERMIT NO. NCS000465
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.
1.0. 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 pennittee shall establish a TMDL Water Quality Recovery
Program and shall identify the locations of all currently known MS4 outfalls
within its jurisdictional area with the potential of discharging the pollutant(s) of
concern: to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The
permittee shall also develop a schedule to discover and locate all other MS4
outfalls within its jurisdictional area that may be discharging the pollutant(s) of
concern: to the impaired stream 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 water quality standards. The permittee shall implement
appropriate BMPs to control the pollutant(s) of concern to the maximum extent
Part 11 Page 2 of 14
PERMIT NO. NCS000465
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.
Part 11 Page 3 of 14
PERMIT NO. NCS000465
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.
�B_MP'�
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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
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) -Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriately target groups
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
im lem ntiDE its own proram.
(d) Public education
Distribute written educational material to
X
X
K
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to, utility mail -
outs and at special events.
Part 11 Page 4 of 14
PERMIT NO. NCS000465
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BMI
Measurable Goals
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(a) Administer a Public
.Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation
Program.
(b) Allow the public an
Conduct at least one public meeting
X
opportunity to review and
to allow the public an opportunity to
comment on the Stormwater
review and comment on the
Plan.
Stormwater Plan.
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community involvement
stormwater related program designed
program
to promote ongoing citizen
participation.
(c) Establish a Citizens'
Develop a citizens' group(s) for input
X
X
X
X
X
Group(s)
on stormwater issues and the
stormwater program.
Part 11 Page 5 of 14
PERMIT NO. NCS000465
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. BMI's 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/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map
X
X
X
X
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
Part H Page 6 of 14
PERMIT NO. NCS000465
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(e) Conduct employee
Conduct training for municipal staff on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part II Page 7 of 14
PERMIT NO. NCS000465
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
ME BMP
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality impacts.
Part 11 Page 8 of 14
PERMIT NO. NCSO00465
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(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
consideration of erosion and
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
The permittee relies on Wake County to comply with this minimum measure. The preceding
table is modified by the following:
The pennittee shall conduct random inspections of local land disturbing activities
that have a sediment and erosion control permit, issued by Wake Count}r, to see if the
site is in compliance.
i The pennittee will monitor- the Wake Count)' program for effectiveness in the
permittee jurisdiction.
Potential problems at construction sites with sediment and erosion control permits
will be reported to the Wake County.
Follow-up action by that Wake County will be monitored.
'The permittee will maintain a record of findings and follow-up procedures.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR Division of Land Resources "Stop Mud"
hotline to meet the requirements of this paragraph.
Part 11 Page 9 of 14
PERMIT NO. NCS000465
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
I. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development 1 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 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 Stormwater Management Program.
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(a) Establish a Post-
Develop and adopt by ordinance (or
X
X
X
X
X
Construction
similar regulatory mechanism) a program
Stormwater
to address stormwater runoff from new
Management Program
development and redevelopment.
Implement and enforce the program
within 24 months of the permit issue
date. 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 strategies that include a
X
X
X
X
X
which include BMPs
combination of structural and/or non -
appropriate for the
structural BMPs. Implement them within
MS4
24 months of the permit issue date.
Provide a mechanism to require long-
term operation and maintenance of
structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified
professional.
(c) Establish a program to
Control the Sources of fecal coliform to the
X
X
X
X
X
control the sources of
maximum extent practicable. Develop an
fecal coliform to the
oversight program to ensure proper
maximum extent
operation and maintenance of on -site
practicable
wastewater treatment systems For domestic
wastewater. Implement program within 2
months of the permit issue date.
Part I Page 10 of 14
P>•i±.RMrr NO. NCS000465
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Municipalities must coordinate this
program with the county health
department.
(d) Establish trout waters
Develop, adopt, and implement an
(Tr) protection
ordinance (or similar regulatory
measures (for programs
mechanism) to ensure that the best
with development or
management practices selected do not
redevelopment draining
result in a sustained increase in the
to Tr waters)
water temperature.
(e) Establish nutrient
—receiving
Develop, adopt, and implement an
X
X
X
X
X
sensitive waters (NSW)
ordinance (or similar regulatory
protection measures
mechanism) to ensure that the best
(for programs with
management practice for reducing
development or
nutrient loading is selected. In areas
redevelopment draining
where the Environmental Management
to NSW waters)
Commission has approved a Nutrient
Sensitive Water Urban Stormwater
Management Program, the provisions of
that program fulfill the nutrient loading
reduction requirement. Develop and
include a nutrient application (fertilizer
and organic nutrients) management
program in the Post -construction
Stormwater Management Program.
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I -- WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
Part II Page 11 of 14
PERMIT NO. NCS000465
(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 post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
Part 1.1 Page 12 of 14
PERMIT NO. NCS000465
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part 11 Page 13 of 14
PERMIT NO. NCS000465
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.
Measar`able Goals -' �
ire 1� s'uRda,y
YR
�YR
YR
"Y '
��W•� t. -t ..,i
-
..� 1
H
y=�'2
.�Y!3)'
i
(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, the MS4
permittee with the potential for generating
system, and associated
polluted stormwater runoff. Inspect
structural BMPs
potential sources of polluted runoff,
including the MS4 system and associated
structural BMPs. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping procedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 14 of 14
PERMIT NO. NCS000465
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed,
documentation of results shall be included. Documentation will be kept on -file by the
permittee for a period of five years and made available to the Director or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation to the Division
-on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 through June 34. 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 permittce 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.
(c) 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
Part III Page 1 of 2
PERMIT NO. NCS000465
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the pen -nit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2
PERMIT NO. NCS000465
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer- or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page I of 2
PERMIT NO. NCS000465
3. Recording Results
For each 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 activities 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 constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2
PERMIT NO. NCS000465
PART V STANDARD CONDITIONS
SECTION A. COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
Section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Part V Page 1 of 6
PERMIT NO. NCS000465
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 H 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 I43-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
S. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6
PERMIT NO. NCS000465
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.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6
PERMIT NO. NCS000465
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this -permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this pernut.
Part V Page 4 of 6
PERMIT NO. NCS000465
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a 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;
Part V Page 5 of 6
PERMIT NO. NCS000465
(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.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 13t8, 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 malting any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
Part V Page 6 of 6
PERMIT NO. NCS000465
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 143-21.5.1 et al.
Part VI Page 1 of 1
PERMIT NO. NCS000465
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 214.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of 1
PERMIT NO. NCS00046S
PART VIII DEFINITIONS
I. 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.
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
Part VfH Page 1 of 4
PERMIT NO. NCS000465
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Discharee
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
Part VIII Page 2 of 4
PERMIT NO. NCS000465
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
Part VM Page 3 of 4
PERMIT NO. NCS000465
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VU1 Page 4 of 4