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HomeMy WebLinkAboutONSLOW_COMPLETE FILE - HISTORICAL_20060220STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCSOOOO_ DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT ❑ �o&4 DATE YYYYM M DD L F WA ]Le Michael F. Easley, Governor O�� 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural. Resources co 7 Akin W. Klimek, P. E. llircctor >_ Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Qualily STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type, of Activity: Receiving; Stream: River Basin: Onslow County NCS000425 Onslow County Municipal Separate Storm Sewer System New River Sub Basin, White Oak River Basin Stream Classification: C, NSW Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable Response Requested by (Date): April 13, 2006 DOCUMENTS REVIEWED NPDES Stormwater Pan -nit Application Forin Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater and General P Concurrence by Regional Water Quality Supervisor Date 6 -W— ZoAe. Date &2-OZz4006 Date Date N. C. Division of Water Quality 1617 Mail Service Center Ralcigh, North Carolina 27699.1617 (919) 733-5083 VA NCbrNR Customer Service 1-877-623-6748 F W A jF Michael F. Easley, Governor `O�� 9PG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 6 r Alan W. Klimek, P. E. Director 5 - Division of Water Quality ❑ Coleen H. Sullins, Deputy Director Division of Water Quality February 20, 2006 Ms. Debra Hill Onslow County Planner 604 College St. Jacksonville, North Carolina 28540 Subject: Draft NPDES Permit Number NCS000425 Dear Ms. Hill: - -- Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the County of Onslow . In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase II permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase lI Permits and the existing State Coastal Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase U Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. *h 06ENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc: Stormwater and General Permits Unit Wilmington Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMTI' NO. NCS000425 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with applicable law, including the regulations promul Carolina Environmental Management Commission, and the Federal amended, Onslow County is hereby authorized to discharge stonnwater from their located: All within the to receiving waters, New River Sub Ba with the discharge limitations, monitor IV, V, VI, VII and VIII hereof. A This permit shall become effective Month Day, Year. A by the North Control Act, as cipal separate storm sewer system County iite Oak River Basin River basin in accordance and other conditions set forth in Parts I, II, III, This permit and the authorization to discharge are subject to applicable law and shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000425 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',�;:; „r SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION,�A9-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 i PERMIT NO. NCS000425 PART 1 PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the County of Onslow is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, New River Sub Basin, within the White Oak River Basin River Basin, Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase lI Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive S0mwater Management Program Report and any approved modifications. ,41 l; All discharges authorized herein shall be lawfully r conditions of this permit. Any other point source d prohibited unless it is an allowable non-stormwater authorization, or approval. This permit does not relieve the permittee applicable federal, state, or local law, rule, 4. This permit covers activities asso or operated MS4s within the desi Stormwater Plan to control paten future County owned or operat d that seek coverage under thislper. permittee. Agreements for cover Water Quality, herein referredlto aecJffince with the terms and •a'. - surface waters of the state is iris covered by another permit, for compliance with any other order, judgment, or decree. iaf-ed withithe discharge of stormwater from the County owned mateNVMd urbanized area as described in the approved local tal p IJution from the MS4. The permit applies to current and MS4s within the designated urbanized area, as well as areas nit through inter -local or other similar agreements with igetu'nder this permit must be approved by the Division of asthe Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed lawfully and reasonably 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 pennittee 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. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. Part I Page 1 of 2 PERMIT NO. NCS000425 $. 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: A, • 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 (cercial/i wl • irrigation waters (doescnot include .reclaim .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and cWvyearashing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. Jential); water as described in 15A NCAC 214 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. NCS000425 PART II - FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: 1. The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances 4�,.� a and Iegal authorities and will pursue these authorities in4ccordance,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 maximu/�m:exten�tt practicable. It is anticipated that in Rf iryWK rry order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management mea ures�nd p grams that are most effective and efficient at varying stages of the Alan's implementation' 3. The permittee will implement the co-mponent's-ot e-Stormwater Plan to prohibit, to the maximum extent practicable, illicitconneetions, spills and illegal dumping into the MS4. 4. The permittee will imp lement,provisiondf the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater V 4� � 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. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will be in accordance with law and will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will identify and evaluate governmental operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of governmental facilities to reduce the potential for stormwater pollution. For each MS4 subject to Phase II, the county must provide: a. A brief description of the MS4. b. The location of the MS4, Part Il Page 1 of 13 PERMIT NO. NCS000425 C. Information on the receiving streams, including receiving stream name, stream segment, water quality classification, -use support rating and if known, any water quality issues including threatened and endangered species. d. A brief description of the activities and/or operations. e. A description of the target audience(s). f. A description of the potential stormwater runoff impacts. 10. Proposed permit modifications must be submitted to the Director for approval. A 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. k (a) Within two years after receiving the Division's notice,tthhat the permittee is subject to a TMDL, the pern�ittee shall establish a TMDL Water"Quality Recovery Program and shall identify the locations of all -currently knowdMS4Noutfalls from the County owned or operated MS4s within the designated urbanized areas described in the approved local Stormwater Plan with the potential ofid_ scha ging the pollutant(s) of concern: to the impaired segments, to their tributaries and�to segments and tributaries within the � " � r1� h' _roc' watershed contributing to the impaiiedd segments. The permittee shall also develop a schedule to discover and l'odate all ther MS4 outfalls from the County owned or operated MS4s within the designated urbanized area as described in the approved local Stormwater Plan 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 contribute gtto 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 Iocation 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 practicable. Implementation of the Part II Page 2 of 13 PERMIT NO. NCS000425 . 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 th 305(b) and 303(d) Report (oi Quality Modeling and TMD] Part II Page 3 of 13 2004 Integrated e Division of Water PERMIT NO, NCS000425 SECTION B: PUBLIC EDUCATION AND OUTREACH Counties should consider utilizing Best Management Practices (BMPs) that specifically focus on pollution sources that the identified target group(s) will most likely be able to reduce. 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the target groups. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stor nwater pollution. (d) Inform target groups on steps they can take to reduce orpre ent stormwater pollution, 2. BMPs for Public Education and Outreach For each MS4 subject to Phase II, the permittee shall implemenfthelfollbwing BMPs to meet the objectives of the Public Education and Outreach Program andi all. notify the Division prior to modification of any goals. ����' :� N � �,Measura bl'e Goals xg �` , YR YR YR tYR `YR�. sF `z�a,�x.�,.a, .+`_5`{'r �1 3T: 4 � x ` 'x 5::. b,a F, x: tea... .....',..`:`� r �, (a) Public Education and Develop aPtililic Ed cu anon and Outreach X Outreach Program Program witliirin lr2 months of the permit issue date describing outreach strategies to inform Industrial Park tenants, on utilizing practices that o us on,pollution sources that they will tai mosCelyz able to reduce. (b) Public Education Develop stormwater educational material for X X X X Materials Industrial Park tenants. Instead of developing its own materials, the county may rely on state -'supplied Public Education and Outreach materials, as available, when implementing its own program, (c) Informational Web Site Develop and maintain a public education X X X X website to document the county's pollution prevention programs and promote stormwater quality. Possibilities include proper waste management, stream bank stabilization, and proper retention pond maintenance and operation, articles on stormwater, information and brochures on water quality, stormwater related projects, brochures in water quality, public announcements, and ways to contact appropriate staff. (d) Brochure and Fact Sheet Distribute educational material to Industrial X X X X Distribution Park tenants. Possibilities include proper waste management, stream bank stabilization, and proper retention pond maintenance and operation. (e) Industrial Park Conduct informational workshop with each X X X X X Stabilization new Industrial Park tenant during building construction process Part 11 Page 4 of 13 PERMIT NO. NCS000425 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 For each MS4 subject to Phase 11, the perm ittee shall in objectives of the Public Involvement and Participation modification of any goals. r tMPs to meet the the Division prior to .,Mcasurablc Goals �t r,YR �! ''r YR k s YRp U YR tYR ry , 3�..,��rby+` ��. f M 1 Wir�A—I �AY,T��. f4�� t� i� rlU'.� n�i..�;k �' 3:"� ��J:�Si� ;tit: 4,.1'1s... ._C,Y_.ia���§. .x.�'�+i "..`1 5:-� .�'.H�1S, 1 i i•w i��'+`. ^,i fK �'��'.1.,; .. r�i^Z�.� , 'l,�taQ :it�i (a) Public Involvement Develop and implemeni a Public Involvement X X X . X X Program AV and Participation Program.,, `. (b) Volunteer Involvement Organize andliinplement.a volunteer X X X X X Program stormwater-related,program designed to promote ongoi &%citizen participation. Possibilities include, planting bushes and shrubs in conjunction with education process ,y. to stabili,Wstream banks and tenant lots during construction, Pollution Source Determination surveys, Burton Industrial Park Advisory Committee, and tailored Industrial Park Tenant program. (d) Stormwater Advisory Continue with committee and expand X X X X X Committee membership to include Industrial Park representative. Part II Page 5 of 13 PERMIT NO. NCS000425 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures acid actions. (d) Develop a storm sewer system map showing all1ou falls acid}waters receiving discharges from the ame County owned or operated MS4 within the designated urbanized area as described in the approved local Stormwater Plan. (e) Inform employees, businesses, and the general..p of°hazards associated with illegal discharges and improper disposal of waster. 2. BMPs for Illicit Discharge Detection and Elimination .,r n: L For each MS4 subject to Phase II, the perrhitte6sliall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elini ination Program and shall notify the Division prior to modification of any goals _ BMP My if x� `� Measurable�GoalsYRYRyR WI <YRYR 1� �'2±�3t 4 �y (a) Develop/Implement Illicit Develop and implement an Illicit Discharge X X X X X Discharge Detection and Detection and Elimination Program. Include Elimination Program provisions for program assessment and evaluation. (b) Prohibit Illicit Discharges Establish and maintain adequate legal X X X X X authorities to prohibit illicit discharges and enforce the approved Illicit Discharge . Detection and Elimination Program. If the county does not have the legal authority to develop an enforceable ordinance to prohibit illicit discharges to their MS4, their Stormwater Program must describe how they will rely on other entities that do have the necessary authority to prohibit illicit discharges. (c) Develop a Storm Sewer Identify outfall locations and map stormwater X X X System Base Map drainage system components from the County owned or operated MS4 within the designated urbanized area as described in the approved local Stormwater Plan. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part 11 Page 6 of 13 PERMIT NO. NCS000425 easurable�Goals`g �1'REYR, v r 'YKYR�IYRA i; �•e t (d) Implement Illicit Implement an inspection program to detect dry X X X X X Discharge Detection weather flows at system outfalls. Establish Procedures procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update maps of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Illicit Discharge Conduct inspections and take reasonable steps, X X X X X Detection and to mitigate any illicit dumpinggdiscovered EIimination Inspection during these inspections. Report any: l t Program F x h%' discharges discovered during -these inspections. (f) Employee Training Train 2 Onslow County Environmental X X a.1 ID -V Officers+n"stormwater regulatory measures and legal ifi��' (f) Employee Training Train applicable,,ghslow County X X X Environmental Officers on hazards associated witE illegal discharges and im oo oi'dis osal of waste. P P.Y._. P (g) Public Education Prepare educational material and distribute to X X X X X Industrial Park Tenants. Inform Industrial Park Tenants of hazards associated with illegal discharges and improper disposal of waste. Part II Page 7 of 13 PERMIT NO. NCS000425 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from County construction activities, within the designated urbanized area as described in the approved local Stormwater Plan, 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?aNnd sediment control practices, review of site plans which incorporatesfconsideration of potential water quality impacts, and procedures for site inspection and en orcement.of control measures. M Ar (c) Establish requirements for construction site operators to contWF*astc such as discarded building materials, concrete truck washout, chemieaI"s, litter, and sanitary waste at the 4 ,N construction site that may cause adverse impacts to water,quality. 2. BMPs for Construction Site Runoff Controls For each MS4 subject to Phase II, the objectives of the Construction Site Ri modification of any goals. ;nt the following BMPs to meet the notify the Division prior to T'L x+ ss a x '7x..z.`l. tMeasurable' Goals : � m� .f` �da3 '"L�' •�t5+ l s rh yz .::Y(•�'. z.'3- F. �.. YR � -. 4 ,! YR a'FfF..�„a�:r .� YIZ _x._ �YR4 `-IYR •ia (a) Implement a program and Develop and implement a program requiring X X X X X establish a regulatory erosiondb 'sediment controls at construction mechanism for erosion sites and providing for sanctions to ensure and sediment control compliance. The permittee must meet the requirements of the construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase H Stormwater Management Programs for construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they must indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's programs. Part II Page 8 of 13 PERMIT NO. NCS000425 zz t.... L{ A,�4 Mea§unable Goals`,; �RA.:�w7 °y 6',:5 �L PYR r� 1'ItYRd !_-::i+t Y R` 'rss: ��Ylt S i�..i =Yrdi: 7'�.ts'h. '.a.. ,fix ,. 3 u3iy "f���,'`A tea,_ ,�..�� �! �r2," 3M ' For construction activities performed within the permittee's permitted area not performed by, or under contract with, the permittee, the permittee must: 1 } Develop a construction program in full, if the permittee has legal authority to develop and enforce an ordinance to control construction runoff runoff. (fThe ordinance must be reviewed and�approved.., by the Director prior to implementation.) or 2) Indicate in their Stormwater Management Program how they wille y'o another party to implement the constt action program. The permttee must describe how they will�C perae,-with the entity thatdoes havejeegaal authority to ensure kuw properdinplementation of the program V area requirements?' (b) Requirements for Require construction site operators to X X X X X Construction Site implement erosion and sediment control Operators BMPs�and to control construction site wastes that may cause adverse water quality impacts. (c) Educational and training Provide educational and training materials for X X X X X materials construction site operators. New materials may be developed by the permittee, or the permittec may use materials adopted from other programs and adapted to the permittee's construction runoff controls program. (d) Plan Reviews Review construction plans and establish X X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Public Information Establish procedures for receipt and X X X X X 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) Inspection Procedures Establish procedures for inspecting X X X X X construction sites for proper installation and maintenance of construction site BMPs. Part II Page 9 of 13 PERMIT NO. NCS000425 SECTION F: POST=CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) . Manage stormwater runoff from new development / redevelopment. (b) Provide a mechanism to require long-term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. Post -Construction Site Runoff Controls. The permittee shall develop and implement a program to address post -construction stormwater runoff from new development and redevelopment that drains to the MS4 and disturbs an acretor moi of land surface,. including projects less than an acre that are part of a larger co�nunoitu n,planof development or sale for each MS4 subject to Phase H within 24 months4of'the penni.f4ssue date. W WWW. - (a) The permittee must meet the requirements of the post -,-,construction program for construction projects that are performed by,wor under contract for, the permittee. To meet this requirement, the permittec may; either develop the necessary requirements for post -construction controls that will pertain to thei o n projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase II Stormwater Mama g enP ograrns or post -construction. If the permittee decides to rely on another'prrogramzfor compliance with these program areas for their own projects, they must mdieaWin their Stormwater Management Program that the permittee will fully comply with t drequirements of the second party's post - construction programs IV For construction activitperformed within the permittee's permitted area not performed by, or under contract with, the permittee, the permittee must: (i) Develop a post -construction program in full, if the permittee has legal authority to develop and enforce an ordinance to control post -construction runoff, (The ordinance must be reviewed and approved by the Director prior to implementation.) or (ii) Indicate in their Stormwater Management Program how they will rely on another party to implement the post -construction program. The permittee must describe how they will cooperate with the entity that does have legal authority to ensure proper implementation of the program area requirements. (c) For each MS4 subject to Phase H, the post -construction stormwater runoff from new development and redevelopment shall include: (i) Strategies for structural and/or non-structural BMPs, (ii) A mechanism to require long-term operation and maintenance of structural BMPs (iii) Annual inspection reports of permitted structural BMPs, (iv) Plan review procedures that incorporate water quality considerations in post- construction'site plan reviews. (v) A program to ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater. (vi) Nutrient sensitive waters (NSW) protection measures (for programs with development or redevelopment draining to NSW waters) to ensure that the best management practice for reducing nutrient loading is selected. In areas where Part 11 Page 10 of 13 PERMIT NO. NCS000425 3.. the Environmental Management 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. The evaluation of Post -construction Stormwater Management Program measures (a) . All development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from%t�hhe first one and one half inch of rainfall to the level specified in Paragraph (b) of thus ru emn addition, all impervious surfaces, except for roads, paths, and water dependerivstruc ores„shall be located at least 30 feet landward of all perennial and intermittent''sui7ace wat&W Redevelopment activities that meet the provisions of 15A NCACi2H1\1002(14) shall not be required to comply with the requirements of this Paragrraapye (b) Structural stormwater controls required unde0aragraphs (a) shall meet the following criteria: , (1) Remove an 85%:averageannual V56bntf TotalSuspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower�than�120 ho rs. (3) Discharge the st6rage v e at a rate equal or less than the pre -development discharge ratepfor the I -.year, 24-hour storm. (4) Meet the Ge eral Engineering Design Criteria set forth in 15A NCAC 2H .1008(c)• ttl' (c) For the purposes of this permit, a surface water shall be present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2i3 .0233 (3)(a). (d) The permittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (e) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural Stormwater control measure annually to the local program. {f) In addition to the other measures required in this rule, all development activities located within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining to Shellfishing (SA) waters shall: (1) Use Stormwater control measures that result in fecal coliform die off and that control to the maximum extent practicable sources of fecal coliform while incorporating the requirements specified in Paragraph (b) of this Rule. Part II Page l I of 13 PERMFT NO. NCS000425 (2) Prohibit new points of stormwater discharge to SA waters or expansion (increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances) of existing stormwater conveyance systems that drain to SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net amount or rate of stormwater discharge through existing outfalls to SA waters. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or other natural area capable of providing effective infiltration of the runoff from the i -year, 24-hour storm shall not be considered a direct point of stormwater discharge. Consideration shall be given to soil type jop%.egetation, and existing hydrology when evaluating infiltration effectiveness Part U Page 12 of 13 PERMIT NO. NCS000425 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 County operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations For each MS4 subject to Phase II, the permittee shall implement the�f ing BMPs to meet the e AA% a g objectives of the Pollution Prevention and Good Housekeeping Prograrri.and shall notify the Division prior to modification of any goals. r, � I3MP t rt' 7 t �� �. _, Measurable Goals } �ti e t ; , YR ti iYR;' YR YR , it XR ♦2sf. •ii4r"a 4 } ily" ��_�'(� 4L'*iV 1L 5'Ti "��`N�i " ! :}b1 q*� µ ; t .i iI 1 yY :� 1. ":(' '•aP SL3;.1�' 7WiL-; 4 f}S gg S .% i fi'.iw W '�y'a}iLi �� Y S �..1 i-" Ci• �J Lj 24;: yf lc�SN[.o f � .y�( 5' xY e. Tya•'A ,(kYai19r1. 5 (a) "Operation and Develop an operation and maintenance X X X X X maintenance program program that has the ditimate goal of ucian preventing or redng pollutt runoff from i ris municipahoperatio; (b) Stormwater and Waste Prepare Stonriwater and Waste Management X X X X X Management Plan for Plan for Burton�lndustrial Park Burton Industrial Park . It J (c) Spill Response Develop; wn`tten procedures for accidental X releases. (d) Inspection and evaluation Identify activities and operations at Burton X X X X X of facilities, operations, industrail Park with the potential for and the MS4 system and generating polluted stormwater runoff, associated structural including the MS4 system and associated BMPs. structural BMPs. Inspect the potential sources of polluted runoff, as well as stormwater controls and conveyance systems. Evaluate the sources, as well as structural stormwater controls, for inspection and maintenance needs, document deficiencies, plan and implement corrective actions. (e) Applicable Onslow Train applicable Onslow County employees X X X County Department regarding illicit discharge, pollution Training prevention and good housekeeping procedures. Part 11 Page 13 of 13 PERMIT NO. NCS000425 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 annual basis. The permittee will submit a report of this the Division on an annual basis. This information will cover the previous year's activities from Date to Date appropriate information to accurately describe the.prol Stormwater Plan and will include, but is not limiter tol iecessary, but at least on an t�^'� . ndmomtoring information to i by date of each year and -e's reporting will include and results of the permittee's owing components'. (a) The permittee will give a detailed de�rniati `scriptionof the status of implementation of the Stormwater Plan. This will'include�.infoon on development and implementation of all components of the Storrwater Plan for the past year and schedules and plans for the year following each report (b) The permittee will adequately derscribe and justify any proposed changes to the Stormwater Plan. Thisiwill include descriptions and supporting information for the proposed changes ariftowithese changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the lawful requirements of the permit. Within 30 days of such notice, the permittce will submit a Part III Page I of 2 .\ PERMIT NO, NCS000425 4 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. 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. NCS000425 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: e Department of Environment and Natura! Resources Division of Watcr Quali-ty Stormwater Permitting Unit 1617 Mail Service Center Y Raleigh, North Carolm 27699-1617 b All applications, re orts ,or°inforrnalion submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representa " only if: (i) The authoriz 'tibn is mad'e�in writing by a principal executive officer or ranking elected official; _` (ii) The authorizafion 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 environmentallstormwater 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 knowing submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information'collected; Part 1V Page 1 of 2 PERMIT NO. NCS000425 4 5. 6. 7. (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) . The results of such activity or information collected. Twenty-four Hour Reporting The permittee shall report to the central office or the 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. 1 The written submission shall contain a description of period of noncompliance, including exact dates and ti corrected, the anticipated time compliance is expectei reduce, eliminate, and prevent reoccurrence of the�no The Director may waive the written report received within 24 hours. Annual Reporting The permittee will sL this permit on forms Additional Reporth pliance and its causes; the the noncompliance has not been e; and steps taken or planned to basis if the oral report has been toring information on an annual basis per Part III of The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stonnwater Plan, or for the entire Program. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO, NCS000425 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all lawful 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 ofypermit coverage upon renewal application. (a) The permittee shall comply with standards or prohibi ions estalilished under Section V'c�v 307(a) of the Clean Water Act for toxic pollutants,Within the time provided in the regulations that establish these standards or pro hibitions;+even if the permit has not yet ,�r been modified to incorporate the requiremLenttr.: � t,,,_., (b) The Clean Water Act provides that aperison who violates a permit condition is subject Ar to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of n . � r��;,;0, the Act and the Federal Civil Penalties U6ation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt CollectioneImprovement Act (31 U.S.C. §3701 note) (currently $27 500 per day for each violation .�*y person who negligentlyviolates an permit P Y � Nr ,)+. Y p Y condition is subject to crirmnal 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•ennunal penalties of $5,000 to $50,000 per day of -4 _ etr violation, or imprisonmehr-for not more than 3 years, or both. Also, any person who violates a permit condition ay 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 dollar`s ($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 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 Il penalty not to exceed $137,500). Part V Page 1 of 6 PERMIT NO. NCS000425 2. 3. 4. 6. 7. 8. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permitteefrrom any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143s215.3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1",319. Furthermoreg�, the permittee is responsible for consequential damages, such as fish kills evsAhr thougl%the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to prde lude'the iiFstitution of any legal action or relieve the permittee from any responsibilities, liabilities, Mr, penalties to which the permittee is or may be subject to under NCGS 143-215 75 et seq` F-.or Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this pern it does not convey any property rights in either real or personal property, or any exclusive priv leges, 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. 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. 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. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 6 PERMIT NO. NCS000425 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 planned changes or anticipat, Part V Page 3 of 6 notification of PERMIT NO. NCS000425 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the pennittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a necessary to halt or reduce tl condition of this permit. Part V Page 4 of 6 ie been with the PERMIT NO. NCS000425 SECTION C: MONITORING AND RECORDS 3 4. 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%Dirccto Flow Measurements Where required, appropriate flow measurement device!Tand`inethods consistent with accepted 'e 46%. - C.Y;,v scientific practices shall be selected and used to ensure.the accuracy and reliability of F measurements of the volume of monitored discharkes: � �, Test Procedures Test procedures for the analysis ofipblluttalits`shh all conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq; lfie,Wat'ef�and Air Quality Reporting Acts, and to regulations published pursuant to Sectioni304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, andlegulationn 40 Cf R 136. To meet the intent of the monito'ririg=required by this permit, all test procedures must produce minimum detection and reportinlevels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part V Page 5 of 6 PERMIT NO. NCS000425 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000425 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revolting 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 2I4 .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of I PERMIT NO. NCS000425 PART VI I ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the reasonable 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 I of 1 PERMIT NO. NCS000425 2 3. 4 0 R PART VIII DEFINITIONS Act See Clean Water Act. Best Mana ement Practice BMP Measures or practices used to reduce the amount of pollution be structural or non-structural and may take the form of a pro planning (see non-structural BMP). 14 Built -upon Area That portion of a development project that is covered surface including, but not limited to, buildings; paver lots, and paths; and recreation facilities such as tennis a wooden slatted deck, the water area of a swimming els paving material to the extent that the paving material through the paving material.`'~ Clean Water Act The Federal Water Pollution amended, 33. USC 1251, et. surface waters. BMPs can vity, physical structure or rip ous or partially impervious and gravel areas such as roads, parking ;"� sl Built -upon area does not include or pervious or partially pervious rbs water or allows water to infiltrate known as the Clean Water Act (CWA), as A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities' ' It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources, Part ViII Page 1 of PERMIT NO. NCS000425 E 10 it. 12 13 Director The Director of the Division of Water Quality, the permit issuing authority. EM C The North Carolina Environmental Management Commission, Grab Sample An individual sample collected instantaneously. Grab qualitatively monitored must be taken within the first Hazardous Substance Any substance designated in 40 CFR Part 116 pursuar'. Illicit Discharge Any discharge to a MS4 that is not to an'NPDES permit (other than th and discharges resulting from fire; IndustrialActivity For the purposes of this p in 40 CFR 122,26. ill be directly analyzed or 311 of the Clean Water Act. 'ely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): i. Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIIi Page 2 of 4 PERMIT NO. NCS000425 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, dechlorinatedd-swimming pool discharges, and street wash water/)(discharges or [lows from fire fighting activities are excluded from the definition of illicit�discharge and only need to be s'Cr'6:r.•'S. 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;invol"vertu aan gement and source controls such as: (1) Policies and ordinances that provide regUirementsia d standards to direct growth to ,f� identified areas, protect sensitive areas su�as wetlands and riparian areas, maintain and/or 4 11%'TtAl increase open space, provide buffers. al ongtsensitwe.water bodies, minimize impervious surfaces, and/or minimize disturbance of soils nd vegetation; (2) policies or ordinances that encourage infill development in higher density urban,areas, and areas with existing storm sewer infrastructure; (3) education programs forridbvelopers 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 mininiize directly connected impervious areas, and source control measures often thouglFb -was good housckeeping, 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. 19. Point Source Discharge of Stonnwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. Part VIII Page 3 of 4 PERMIT NO. NCS000425 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 qualityistandards in all seasons. The Clean Water Act, Section 303, establishes the watequality standards and TMDL programs. 23. Toxic Pollutant r. Any pollutant listed as toxic under Section 307(a)(1) of the�Clean Water Act. I Part VIII Page 4 of 4 0