NCS000431_Conover NOV-2019-PC-0717_20191113

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Enviraitinenhd Quality ,
November 1, 2019 /lot?�
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CERTIFIED MAIL 7019 0700 0000 8867 3387`,0 ? , , ?q <,)
RETURN RECEIPT REQUESTED
City of Conover G
Attention: Donald E. Duncan, Jr., Town Administrator
Post Office Box 549
Conover, North Carolina 28613
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0717)
City of Conover
NPDES MS4 Permit No. NCS000431
Catawba County
Dear Mr. Duncan:
On September 26th and 27th, 2019, staff from the North Carolina Department of Environmental
Quality (DEQ) conducted a compliance audit of the City of Conover National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit. For your reference, a copy of the MS4 Program Audit Report issued by DEQ is enclosed
with this notice. This report lists and describes the serious deficiencies with certain components
of the MS4 permit, which constitutes a violation of the Clean Water Act and is grounds for
enforcement action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the City of Conover is
required to complete the following actions:
(1) Respond in writing within thirty (30) calendar days from the date of receipt of this
notice to acknowledge these requirements and the intent to comply.
(2) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of
this notice. The resolution must declare support for a compliant stormwater
management program. A sample council resolution with the minimum requirements is
enclosed with this letter. An original signed document must be submitted to DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
�JE
North Carolina Department of Environmental Qaallty I Division of Energy, Mineral and land Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699—

Notice of Violation
City of Conover
November 1, 2019
Page 2 of 3
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part II Section F: Post -Construction Site
Runoff Controls; Section G: Pollution Prevention and Good Housekeeping. The
self -audit must be documented utilizing the DEQ standard MS4 Permit
Compliance Audit Report Template.
b. Develop a Draft Stormwater Management Plan (SVVMP) which details specific
actions, measurable goals, and implementation timelines to bring the stormwater
management program into compliance with NPDES MS4 requirements over the
new 5-year permit term. The SWMP must be documented utilizing the DEQ
Phase II MS4 SWMP Template. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the DEQ MS4
Program Audit Report and the City of Conover self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written
DEQ concurrence that the submitted Draft SWMP documents a compliant stormwater
management program. A new 5-year NPDES MS4 permit will be public.noticed along
with the submitted SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Isaiah.Reed@1 cderingov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the City of Conover fails to meet the aforementioned requirements and/or submits a
significantly noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in
Part V, Section A.1(c) of the permit:
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 (North Carolina
General Statute 143-215.6AJ. Please note that compliance with the requirements of this
NOD andlor issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.

Notice of Violation
City of Conover
November 1, 2019
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at [phone] or Isaiah.Reedna,ncdenr.gov.
Sincerely,
S, V
Zabid Khan, CPM, CPESC, CPSWQ
Regional Engineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (September 26, 2019, City of Conover)
Copy of NPDES MS4 Permit No. NCS000431
Sample Council Resolution
cc: Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File