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Home My WebLink AboutNCS000431_Conover DEQ SWMP v1 Comment Letter_20200428ROY COOPER Coves MICHA7EL 5, REGAIN Sm"tar•F BRIAR! WRENN /iCrOh5r air,acldV NORTH CAPOL -NA Envirum mit?[Qacr y April 28, 2020 CERTIFIED MAIL 7019 1120 0000 5077 2176 RETURN RECEIPT REQUESTED City of Conover Attn: Donald E. Duncan, Jr., City Manager Post Office Box 549 Conover, NC 28613 Subject: ADDITIONAL INFORMATION REQUEST (NOV-2019-PC-0717) City of Conover NPDES MS4 Permit No. NCS000431 Catawba County Dear Mr. Duncan: This letter is to inform you that the Draft Stormwater Management Plan (SWMP) that the North Carolina Department of Environmental Quality (DEQ) received on February 28, 2020 is insufficient to comply with state and federal requirements for the Municipal Separate Storm Sewer System (MS4) Permitting program. Furthermore, the Draft SWMP does not meet state and federal MS4 Permit requirements and, as such, is an insufficient response to the Notice of Violation (NOV) that DEQ issued to the City on November 1, 2019. The US Environmental Protection Agency (EPA), in MS4 General Permit Remand Rule (December 9, 2016), requires that permit provisions for the six minimum measures be "clear, specific, and measurable." Measurable Goals (MGs) in a SWMP are technically permit requirements that the permittee is legally required to both implement and document. In other words, MGs must be a clear, specific and measurable checklist of tasks that the permittee will complete to achieve compliance with the MS4 Permit. The City of Conover's Draft SWMP is insufficient because it contains many Measurable Goals that are not clear, specific and measurable. Providing a compliant SWMP within the timeframes stated in this letter is required to resolve the subject NOV. As the EPA's delegated permitting authority, DEQ determines whether a SWMP meets the requirements of the National Pollutant Discharge Elimination System (NPDES) rules and MS4 Permit requirements. Permittees are solely responsible for compliance with their MS4 Permits, and DEQ is committed to assisting MS4 permittees in reaching this goal as much as possible. To assist the City in addressing the deficiencies in its current Draft SWMP, DEQ is providing an additional thirty (30) days to revise and resubmit the SWMP, as well as technical resources and general comments for your reference in developing a compliant SWMP. Technical resources for developing a compliant SWMP are accessible through the DEQ Stormwater Program web page at haps.4Ldeq.nc.gov/S and include: North GulA a Departmrnl of EnyirwmentalQuality r DMs[on o(Energy. MTmrml and Land Resources EQ Sit NmrEh Saltrtury SFrect I FG12 Mad Srrrlcr Center I RardgF� Ncwthfz"Ina27699-11312 90.707,9W00 1. General SWMP Guidance: This is a new document that outlines appropriate types of BMPs, measurable goals, and reporting metrics. This document is available in the online Phase II MS4 Toolbox located on the NPDES MS4 Permitting Forms, Tools & Resources page. 2. Example Approved SWMP: There is a DEQ-approved SWMP that can serve as an example of the level of detail and specific, measurable, achievable, reasonable, and timely (SMART) commitments that are required in the Draft SWMP. The SMART obligations should clearly detail the steps to achieve permit compliance. The example Approved SWMP can be accessed through the online Stormwater Program Laserfiche Repository by searching permit number NCS000397 to locate the City of Newton's Approved SWMP. Please keep in mind that every MS4 has different compliance deficiencies to address, and the City of Newton's SWMP was approved to bring their program into compliance. The City of Conover's Draft SWMP must specifically address Conover's noted compliance deficiencies. 3. Interim SWMP Template Instructions: The instructions include an appendix of specific examples. This document is available in the online Phase II MS4 Toolbox located on the NPDES MS4 Permitting Forms, Tools & Resources page. In addition to these technical resources, DEQ offers the following general comments on the City's February 23, 2020 Draft SWMP: Provide sufficient detail in the Measurable Goals (MGs) to define specific commitments, or steps, to achieve full compliance at the end of permit year 5. For the level of detail required and appropriate entries, please refer to the technical resources listed above. The MGs are the specific steps that the permittee will complete in order to gain compliance. Think of the MGs as a road map to compliance, or a checklist of "to do" items which must be specific and measurable. Please note that the MGs are technically permit requirements and the permittee is accountable for implementation and demonstrating compliance with all commitments made. Where items are used to meet more than one requirement, cross-referencing rather than duplicating can greatly reduce the reporting and audit burden on a permittee. 2. Provide brief annual reporting metrics and DEQ will request supporting documentation as needed to evaluate compliance. The MS4 should maintain appropriate supporting documentation on file. Do not provide documentation or other information in the reporting metrics columns. 3. The SWMP template is designed to compile the information into an annual reporting compliance question: Did the city complete the {MG} in {schedule for implementation}? Y/N and Status, or a specific quantity. 4. Western Piedmont Council of Governments (WPCOG) included many similar SWMP requirements in the Draft SWMPs for each of the six NCS000474 co-permittees. These commitments have since been updated through multiple revisions, with the most recent DEQ letter being issued on April 8, 2020. Please update all WPCOG items accordingly. [Note: The specific letters sent to the NCS000474 permittees can be accessed through the online Stormwater Program Laserfiche Repository.] 5. Please also note that there is a new permit requirement for low -density projects that must be adequately addressed in the Draft SWMP [Permit Ref. 3.6.4(d)]. It is strongly recommended that the permittee think through how low -density inspections will be performed and how enforcement will be carried out. The ordinance(s) must provide adequate authority, and the City must demonstrate or develop adequate resources and tools for implementation. 6. The Draft SWMP does not address key deficiencies from the September 26, 2019 compliance audit. In general, a compliance deficiency is denoted as a "No" or "Partial" in the DEQ MS4 Program Inspection Report. Key deficiencies include, but are not limited to: a. Dry weather screening of outfalls. b. MS4 mapping. c. Enforcement of IDDE program. d. SCM inventory and inspections. e. O&M of municipal facilities, SCMs and MS4. f. Standardized documentation and tracking. 7. Review the entire document for spelling, consistent font, accuracy, unnecessary duplication, and provide appropriate BMP cross-references. Under the current DEQ Stormwater Program COVID-19 state of emergency policy, the City has thirty (30) calendar days from the termination of the Governor's March 10, 2020 stay-at-home order to provide DEQ with a complete, compliant and approvable Draft SWMP. The required revised Draft SWMP v2 submittal must also include an electronic Word document in Track Changes format, and a hard copy with a certifying statement and original "wet" signature by the City's ranking elected official or designated City staff member in compliance with Part IV, paragraph G of the City's current MS4 Permit. The revised Draft SWMP v2 shall be submitted to: DEQ-DEMLR Stormwater Program Attn: Jeanette Powell 1612 Mail Service Center Raleigh, NC 27699-1612 Jeanette. powell(a�ncdenr. gov If the City fails to fully address the comments provided above, and/or submits another significantly deficient Draft SWMP, then DEQ will return the document as incomplete and proceed with enforcement. Please also note that compliance with the requirements of the DEQ NOV-2019-PC-0717 and/or issuance of civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case against the City at any time. Should you have any questions, please contact me at Jeanette.Powellgncdenr.gov. Sincerely, Jeanette Powell, CPSWQ MS4 Program Coordinator Cc via email: Mike Mitchell, EPA Stormwater Enforcement Alaina Morman, DEMLR Stormwater Compliance & Enforcement Stan Aiken, Asheville Regional Office Isaiah Reed, Asheville Regional Office Zahid Khan, Mooresville Regional Office DEMLR NPDES MS4 Permit Laserfiche File Jack Cline, WPCOG jimmy.clark conovernc.gov