The URL can be used to link to this page

Home My WebLink AboutNCS000441_UNC-Ch 2013 MS4 Permit_20130807STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000441 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, The University of North Carolina at Chapel Hill is hereby authorized to discharge stormwater from property owned by the University of North Carolina at Chapel Hill in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I through VIII. This permit shall become effective July 1, 2013. This permit and the authorization to discharge shall expire at midnight on June 30, 2018. Signed this day July 1, 2013, revised August 7, 2013. for Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources Permit No. NCS000441 THIS PAGE INTENTIONALLY BLANK Permit No. NCS000441 TABLE OF CONTENTS PART I PERMITTED ACTIVITIES PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A Program Implementation Section B Education and Outreach Program Section C Public Involvement and Participation Section D Illicit Discharge Detection And Elimination Program (IDDE) Section E Sediment and Erosion Control Program Section F Post -Construction Stormwater Management for New Development and Redevelopment Section G Pollution Prevention and Good Housekeeping 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 THIS PAGE INTENTIONALLY BLANK Permit No. NCS000441 PART I PERMITTED ACTIVITIES During the period beginning on the effective date of the permit and lasting until expiration, the University of North Carolina at Chapel Hill (the "University") is authorized to discharge stormwater associated with property owned by the University to receiving waters, within the Cape Fear River Basin and to Bogue Sound. Such discharge will be controlled, limited and monitored in accordance with this permit and the permittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit. 2. All discharges authorized herein shall be adequately treated and 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. This permit does not relieve the University from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with 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 C.F.R. Parts 122, 123, and 124, North Carolina General Statutes 143-215.1 and Session Law 2006-246 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 implementation of the Stormwater-Plan. The purpose of the Stormwater Plan is to establish the means to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 Permit No. NCS000441 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 including, but are not limited to: • water line flushing; • reclaimed water line flushing; • 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, including but not limited to reclaimed water and air conditioning condensate; • springs; • water from crawl space pumps; • footing drains; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting; • flows from routine drainage of fire sprinkler systems. 9. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 Permit No. NCS000441 PART II MONITORING, CONTROLS, AND LIMITATIONS 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 policies and procedures to implement all provisions of the Stormwater Plan. 2. 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. 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. 4. 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. 5. 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. 6. 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 (`BMPs") to protect water quality, to reduce pollutant loading, and to minimize post - development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 7. The permittee will evaluate operations and develop and implement an appropriate program for activities and ongoing operation and maintenance of facilities to reduce the potential for stormwater pollution. 8. Proposed permit modifications must be submitted to the Director for approval. 9. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: 1) The other entity, in fact, implements the control measure; -2) The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and 3) The other entity agrees to implements the control measure on behalf of the MS4. The permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 10. The permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Stormwater Plan. Part 11 Page 1 of 12 Permit No. NCS000441 SECTION B EDUCATION AND OUTREACH PROGRAM 1. Objectives a. Implement a program to train/educate staff, volunteers, students, and contractors about the importance of stormwater quality. b. Maintain educational materials to engage and educate staff, volunteers, students, and contractors. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Education and Outreach Program. Management Measures Measurable Goals a. Education and Outreach Plan The University shall maintain Education and Outreach Plan. The program shall describe outreach strategies to inform staff, volunteers, students, and contractors of illicit discharges, stormwater management, improper waste disposal, and reporting. b. Pollution Prevention Awareness The University shall maintain stormwater pollution prevention Educational Materials awareness information for distribution at significant events, public involvement workshops and/or locations throughout the University. Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. c. Mailers, Brochures, Posters The University shall develop articles for publication in the Department of Environment, Health and Safety Newsletter. d. Pollution Prevention Awareness The University shall provide annual stormwater pollution Training awareness training for appropriate faculty, staff, students, and volunteers. Training shall include general stormwater awareness, identification of stormwater pollution potential, appropriate spill response actions, and contacts for reporting spills and illicit connections/illegal dumping. e. Pre -Construction Contractor The University shall maintain written guidance material Education outlining federal, state, and University requirements for proper construction site management. Written material will be distributed to University Project Managers as well as to contractors during the pre -construction meeting. An Environmental Affairs representative shall be available to discuss the guidance material and answer questions. Part 11 Page 2 of 12 Permit No. NCS000441 Management Measures Measurable Goals f. Website The University shall maintain a public education website to document University pollution prevention programs and promote stormwater quality. The website will include articles on stormwater, information and brochures on water quality, stormwater projects and activities, brochures on water quality, and ways to contact stormwater management program staff. g. In -House Website Tools The University shall provide education material for University employees using the Department of Environment, Health, and Safety website. Focus on importance of employees carrying out their duties without impacting water quality. h. Special Events Participation The University shall participate in special events such as the annual Earth Day Celebration in an effort to promote environmental stewardship. i. Hotline The University shall maintain -a hotline for communication with the University. Publicize through student and employee newspapers and the University website. Track the number and type of issues as well as disposition of the calls. Part 11 Page 3 of 12 Permit No. NCS000441 SECTION C PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives Provide opportunities for the campus community to participate in program development and implementation. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Public Involvement and Participation Program. Management Measures Measurable Goals a. Faculty and Student The University shall encourage the University population to join Involvement various organizations and groups to help promote environmental stewardship and open lines of communication between faculty, staff, and students. Organize a volunteer stormwater related program and track University and Hospital volunteer groups. The University shall stencil at a minimum 100 storm drains inlets on University property annually. Involve faculty and graduate students in water quality monitoring projects as part of on going research. Involve faculty in applying for grant moneys to fund sampling and analytical programs. Track grants received and keep database of monitoring data. Encourage publications based on monitoring data. b. Hotline Advertise both a phone based and EHS website based hotline. Keep a log of stormwater related calls and emails. c. University Safety and The University Safety and Security Committee shall meet regularly. Security Committee Meeting dates, times and locations for meeting dates open to the public will be published on the Stormwater Website and through various publications. The University Safety and Security Committee will evaluate potential opportunities for University faculty and staff to conduct research that results in independent quantitative assessments of pollutant loads from University activities and/or measure structural BMP effectiveness. The research may be used to enhance or improve existing practices or develop new methods or processes with state-of—the-art technology. Part 11 Page 4 of 12 Permit No. NCS000441 SECTION D ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 1. Objectives a. Implement an Illicit Discharge Detection and Elimination Program to address illicit discharges, spills and illegal dumping into the University's separate storm sewer system and to ensure that illicit discharges are detected and eliminated. b. The University shall implement procedures and actions to report illicit spills, discharges and illegal dumping for appropriate enforcement or other action by NCDENR. C. Develop a storm sewer system map showing all outfalls and waters receiving discharges. d. Train and educate staff, volunteers, students, and contractors regarding hazards associated with illegal discharges and improper disposal of waste. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Illicit Discharge Detection and Elimination Program. Management Measure Measurable Goals a. Illicit Discharge Maintain an Illicit Discharge Detection and Elimination ("IDDE") Detection and Policy to include illicit detection, right of entry, and prohibition of Elimination Policy illicit discharges. Policy shall include procedures for routine inspection, sampling, and maintenance of outfalls, detection, and elimination of illicit discharges, spills, and illegal dumping, reporting and recordkeeping, training and development, and implementation of BMPs. Compliance will be through documented procedures, endorsed by University administration, and implemented by the affected organizations. b. Educational Information Maintain fact sheets for public education program on illicit connections and spill management. Distribute to University and Hospital maintenance personnel and contractors. Educational information in the form of written guidelines and/or fact sheets will be distributed to the campus population as part of the education and outreach program. Educational material will include information on what constitutes an illicit discharge, University contacts, and how to report suspect activities. c. Training Train employees on how to inspect for illicit connections and establish a tracking system for managing reported problem areas. Part 11 Page 5 of 12 Permit No. NCS000441 Management Measure Measurable Goals d. Detection and Utilize visual inspections of outfalls during dry weather. Elimination The University will inspect 115 of geographic area of community per year during dry weather conditions and, if necessary, test flows found at discharge points. The University will maintain a database of outfalls, inspection date, tests conducted, findings, and actions taken. The University shall maintain a standard reporting format and contact for all complaints and reports of illicit discharges. A report form will be completed for each inquiry and investigative results and corrective actions will be included in the Annual Report. e. Storm Sewer System Maintain a storm sewer system map showing outfalls and the Mapping receiving body or water. . The University will conduct visual inspections of the storm sewer system including outfalls and existing components of the drainage system in an effort to maintain an inventory of drainage structures and storm sewer system maps. Outfalls will be categorized by the receiving water to which the outfall discharges. Information maintained will include location, reference number, size and type of structure, apparent condition of structure, and dry -weather flow. f. Hotline Utilize EHS hotline set up under Public Involvement Program for public reporting of illicit connections. The University shall maintain a log of hotline calls and actions taken. g. Local wastewater Using a sewer system map, the University shall identify potential program cross connections and place them on a hot spot list to be included in an inspection program. Part 11 Page 6 of 12 Permit No. NCS000441 SECTION E SEDIMENT AND EROSION CONTROL PROGRAM 1. Obj ectives a. Control development activities disturbing one or more acres of land surface. b. Require construction site operators to implement appropriate erosion and sediment control practices. C. Require site inspection and enforcement of control measures. d. Establish requirements for construction site operators to control waste that may cause adverse impacts to water quality such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site. 2. Management Measures The Erosion and Sediment Control Program for the University was delegated to the North Carolina Land Quality Section. The University also has its own Design Specifications for erosion and sediment control that are more stringent than the state standards. The University shall implement the following management measures to meet the objectives of the Sediment and Erosion Control Program. Management Measurable Goals Measures a. Construction Site The NCDENR Erosion and Sediment Control Program effectively meets the Erosion and Erosion and Sediment Control Program requirements by permitting and Sedimentation controlling development activities disturbing one or more acres of land surface Control for and those activities less than one acre that are part of a larger common plan of Disturbing One or development. This program includes procedures for public input, sanctions to More Acres 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. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. b. Requirements for The NCGO10000 permit establishes requirements for construction site operators Construction Site to control waste such as discarded building materials, concrete truck washout, Operators chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. c. Sediment and All construction projects that impact greater than one acre must submit a Erosion Control Sediment and Erosion Control Plan (SECP) to NC DENR Land Quality for Plan (Sites review and approval. No construction project may begin without an approved Greater Than One plan. Acre) Part 11 Page 7 of 12 Permit No. NCS000441 Management Measurable Goals Measures d. Sediment and All sediment and erosion control measures and devices shall be designed, Erosion Control installed and maintained in accordance with the NC DENR Erosion and Guidelines Sediment Control Planning Design Manual and the NC DENR General Permit No. NCG 010000. All permanent and temporary devices shall be designed and installed in accordance with the NC DENR Sediment and Erosion Control Planning and Design Manual. Devices shall be inspected and maintained in accordance with the Approved Sediment and Erosion Control Plan and the NCGO10000 General Permit. The construction contractor and/or designer are responsible for proper inspection and maintenance of all temporary sediment and erosion control devices and measures. University construction projects must be designed to meet the University's "Erosion and Sedimentation Guidelines for Construction Projects". e. Site Evaluations The Land Quality Section is responsible for inspection and enforcement of sediment and erosion control measures for active construction sites. f. University Site The University shall conduct site inspections for ensuring that erosion and Evaluations sedimentation control measures are installed and maintained according to the approved contract documents. The University shall inspect construction sites for both tree protection measures and installation and maintenance of erosion and sedimentation control measures. The University's Department of Environment, Health and Safety shall inspect construction sites for compliance with their erosion and sedimentation control plans. g. Public The University shall provide and promote a means for the public to notify the Involvement University of observed erosion and sedimentation problems. Part 11 Page 8 of 12 Permit No. NCS000441 SECTION F POST -CONSTRUCTION STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT 1. Objectives a. Manage stormwater runoff from new development and redevelopment on University property that disturbs an acre or more of land surface and drains to the University MS4s. b. Put in place both structural and non-structural controls to minimize water quality impacts. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Post -Construction Stormwater Management Program. Management Measure ff Measurable Goals a. Standards and Policies on The University shall maintain standards and policies for post- BMPs for Post- construction BMPs for development or the redevelopment of University Construction Controls properties. The University's "Stormwater Performance Criteria, Design Standards, and Procedures" for all University construction projects specifies standards and practices for post -construction BMPs for University Construction projects that involve development or redevelopment of University properties. b. Field Inspections Before close out of a construction project, the permittee shall conduct a post -construction inspection to verify that the permittee's performance standards have been met. 3. For post -construction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: (1) Water Supply Watershed I (WS -1) — 15A N.C.A.C. 2B.0212. (2) Water Supply Watershed Il (WS -11) — 15A N.C.A.C. 2B.0214. (3) Water Supply Watershed III (WS -III) —15A N.C.A.C. 2B.0215. (4) Water Supply Watershed IV (WS -IV) — 15A N.C.A.C. 2B.0216. (5) Freshwater High Quality Waters (HQW) — 15A N.C.A.C. 2H.1006. (6) Freshwater Outstanding Resource Waters (ORW) — 15A N.C.A.C. 2H.1007. (7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy — 15A N.C.A.C. 2B.0235. (8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy — 15A N.C.A.C. 2B.0258. (9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy — 15A N.C.A.C. 2B.0251. Part 11 Page 9 of 12 Permit No. NCS000441 SECTION G POLLUTION PREVENTION AND GOOD HOUSEKEEPING 1. Objective Prevent or reduce stormwater pollution from University operations. 2. Management Measures The University shall implement the following management measures to meet the objectives of the Pollution Prevention and Good Housekeeping Program. Management Measures Measurable Goals a. Preventive Maintenance The University shall implement preventive maintenance programs for facility (common -use) equipment, including emergency generators and cooling towers. b. Spill Prevention and The University shall maintain material storage procedures that Response include provision of secondary containment; development of spill prevention, containment, and control plans and/or safety plans; and preferred sheltering of all chemicals and other hazardous substances. The University shall provide annual spill training to employees. Training shall cover proper handling procedures and emergency actions. c. Employee Training The University shall provide annual training to all employees (University and Hospital) who maintain the drainage system with a focus on floatable, grit, sediment, and disposal of pollutants removed from the drainage system. The University shall provide annual training to all employees (University and Hospital) who manage and apply chemicals to address safe storage, application, and disposal of residue chemicals. Provide information on reducing the frequency and amount of nutrient application. d. Visual Inspections The University shall perform visual inspections of the University's storm sewer system including drains, inlets, and outfalls. In addition, conduct inspections to identify areas where exposures have the potential to introduce hazardous pollutants to the storm sewer system. e. Storm Sewer System The University shall perform inlet and catch basin cleaning, pipe Maintenance cleaning, curbside leaf removal, parking lot and road sweeping, and planting and mulching of erosion prone areas. Part 11 Page 10 of 12 Permit No. NCS000441 Management Measures Measurable Goals f. Inspection and The University shall maintain an inventory of all facilities and Evaluation of Facilities operations owned and operated by the University with the potential and Operations for generating polluted stormwater runoff and conduct annual inspections. The University shall inspect potential sources of polluted runoff, stormwater controls, and conveyance systems, document deficiencies, plan, implement, and document corrective action. g. BMP Inspection and The University will evaluate the current non-structural BMPs Maintenance within each department and organization on an annual basis. Where deficiencies are found, more stringent BMPs shall be implemented. The University shall maintain and implement a program for inspection, operation, and maintenance of post -construction BMP controls. Written procedures will detail inspection and maintenance requirements for the proper operation of the various types of BMP devices, frequency of inspections, "how-to" instructions for maintenance, and an inspection and maintenance tracking mechanism. h. Waste Management The University shall implement a plan to place closed -top, side opening dumpsters at newly constructed buildings and replace top opening dumpsters with closed -top dumpsters as existing dumpsters are replaced. Trash receptacles are to be located in convenient areas, and collected on a routine basis. Litter and debris shall be collected from parking lots and other public areas on a regular basis. i. Snow Removal and The University's Inclement Weather Procedure for Snow, Ice, and Control Freezing Rain shall provide procedures and priorities for controlling such salt application. BMPs shall be implemented for salt piles. j. Recycling and Solid The University shall continue to evaluate and operate a recycling Waste Reduction program for various materials, including metals, glass, paper, cardboard, and lamps containing mercury and revise the program where opportunities exist. k. Hazardous Materials Persons who use or store hazardous materials shall have and Response maintain an approved safety plan, and provide adequate training, covering the use, storage, and disposal of chemicals and equipment to contain or control small spills. The University shall maintain agreements with the local Fire Department for response to chemical incidents. In addition, hazardous waste contractors and other environmental contractors shall provide support for remediation activities. 1. Hazardous Waste The University shall maintain a program to collect chemical Part II Page 11 of 12 Permit No. NCS000441 Management Measures Measurable Goals Program wastes, including hazardous wastes and used oils, from University laboratories and shops. in. Landscape Services The University shall provide for area maintenance, including landscape inspection, maintenance, and leaf collection programs. The University shall manage a program for inspecting and cleaning drain inlets, including yard drains and curb inlets. Part 11 Page 12 of 12 Permit No. NCS000441 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 and monitoring information to the Division on an annual basis. This information will be submitted by September 1 of each year and cover the previous year's activities from July 1 through June 30. 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 permittee 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. (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, project assessments, inspections, continued inventory, and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 Permit No. NCS000441 The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. 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. NCS000441 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: Division of Water Quality Water Quality Section Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 b. All applications, reports, or information submitted to the Division shall be signed by a principal executive officer or duly authorized representative. A person is a duly authorized representative only if- i. £i. The authorization is made in writing by a principal executive officer; 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 1 of 3 Permit No. NCS000441 3. Recording Results For each measurement, sample, inspection, or maintenance activity performed or collected pursuant to the requirements of this permit, the University shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection, or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection, or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 4. Planned Changes The University shall give notice to the Director as soon as possible of any planned changes that could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants that are not specifically listed in the permit or subject to notification requirements in 40 C.F.R. Section 122.42 paragraph (a). 5. Anticipated Noncompliance The University shall give notice to the Director as soon as possible of any planned changes that may result in noncompliance with the permit requirements. 6. Twenty-four Hour Reporting a. The University shall report to the central office or the appropriate regional office any noncompliance or reasonably anticipated non-compliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the University became aware of the circumstances. A written submission shall also be provided within 5 days of the time the University becomes aware of the circumstances. b. 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. C. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 7. 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 Division. Part IV Page 2 of 3 Permit No. NCS000441 8. 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. 9. Other Information Where the University 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 3 of 3 THIS PAGE INTENTIONALLY BLANK Permit No. NCS000441 PART V STANDARD CONDITIONS SECTION A COMPLIANCE AND LIABILITY 1. Duty to Comply The University 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 University 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 $37,500 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 $16,000 per violation with the maximum amount not to exceed $177,500. [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 ten thousand dollars ($10,000) 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 11 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 11 penalty not to exceed $137,500). Part V Page 1 of 6 Permit No. NCS000441 2. Duty to Mitigate The University 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 Except as provided in Part V, Section B, Paragraph 3 of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the University from any responsibilities, liabilities, or penalties for noncompliance pursuant to N.C.G.S. 143- 215.3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 U.S.C. Section 1319. Furthermore, the University 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 University from any responsibilities, liabilities, or penalties to which the University is or may be subject to under N.C.G.S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 U.S.C. Section 1321. 5. 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. 7. Duty to Provide Information The University 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 University 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 2 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 Part V Page 2 of 6 Permit No. NCS000441 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 as promulgated under state statute. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 Permit No. NCS000441 SECTION B OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The University shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the University to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the University only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for the University 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 permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against the University for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The University submitted notices as required under Part IV of this permit. d. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above. Part V Page 4 of 6 Permit No. NCS000441 SECTION C MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified 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 N.C.G.S. 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 U.S.C. Section 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 C.F.R. Part 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 University 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 University'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. NCS000441 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 U.S.C. Section 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. 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. NCS000441 PART VI LIMITATIONS REOPENER This permit shall be modified or, alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any limitation in the permit; or b. Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. 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, C.F.R., Parts 122 and 123; Title 15A of the N.C.A.C., Subchapter 2H.0100; and N.C.A.C.143-215.1 et. al. Part VI Page 1 of 1 THIS PAGE INTENTIONALLY BLANK Permit No. NCS000441 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The University must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A N.C.A.C. 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. Part VII Page 1 or 1 THIS PAGE INTENTIONALLY BLANK Permit No. NCS000441 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges that shall be allowed in the stormwater conveyance system include: • water line flushing; • reclaimed water line flushing; • 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, including but not limited to reclaimed water and air conditioning condensate; • springs; • water from crawl space pumps; • footing drains; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting; • flows from routine drainage of fire sprinkler systems. 3. Best Management Practices (BMPs) 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). 4. 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. Part VIII Page 1 of 6 Permit No. NCS000441 5. Bypass A bypass is the known diversion of stormwater or wastewater from any portion of a control facility, including the collection system, which is not a designed or established operating mode for the facility. 6. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 U.S.C. Section 1251, et. seq. 7. 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. 8. Department Department means the North Carolina Department of Environment and Natural Resources 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. 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. Part VIII Page 2 of 6 Permit No. NCS000441 13. Hazardous Substance Any substance designated in 40 C.F.R. Part 116 pursuant to Section 311 of the Clean Water Act. 14. Illicit Discharge 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. 15. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities listed defined in 40 C.F.R. Section 122.26. 16. Municipal Separate Storm Sewer System Municipal separate storm sewer means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by a State, city, town, borough, county, parish, 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 CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. Section 122.2. 17. 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 C.F.R. Section 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). Part VIII Page 3 of 6 Permit No. NCS000441 18. 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. 19. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge. 20. Permittee The owner or operator issued this permit. 21. 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. 22. Redevelopment Means any rebuilding activity unless that rebuilding activity; a. Results in no net increase in built -upon area, and b. Provides equal or greater stormwater control than the previous development. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 24. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25 -year, 24-hour storm event. Part VIII Page 4 of 6 Permit No. NCS000441 25. Sensitive Waters a. Waters that are classified as high quality, outstanding resource, shellfish, trout, or nutrient -sensitive waters in accordance with subsections (d) and (e) of 15A N.C.A.C. 2B .0101 (Procedures for Assignment of Water Quality Standards — General Procedures). b. Waters that are occupied by or designated as critical habitat for aquatic animal species that are listed as threatened or endangered by the United States Fish and Wildlife Service or the National Marine Fisheries Service under the provisions of the Endangered Species Act of 1973 (Pub. L. No. 93-205; 87 Stat. 884; 16 U.S.C. §§ 1531, et seq.), as amended. C. Waters for which the designated use, as described by the classification system set out in subsections (c), (d), and (e) of 15A N.C.A.C. 213.0101 (Procedures for Assignment of Water Quality Standards — General Procedures), have been determined to be impaired in accordance with the requirements of subsection (d) of 33 U.S.C. § 1313. d. The following North Carolina water quality classifications are HQW by definition: Water Supply I (WS -I), Water Supply 11 (WS -11), Shellfish Harvesting (SA), and waters which the Division has received a petition for reclassification to either WS -I or WS -II. 26. Severe PropeM Damage Means substantial physical damage to property, damage to the control facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 27. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges. 28. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (Ref: 40 C.F.R. Sections 110.10 117.21) or Section 102 of CERCLA (Ref: 40 C.F.R. Section 302.4). 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part VIII Page 5 of 6 Permit No. NCS000441 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 C.F.R. Section 122.26 Paragraph (b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. See also the definition of industrial activities. 31. Stormwater Pollution Prevention Plan A comprehensive site-specific plan that details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. 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. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34 Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit limitations because of factors beyond the reasonable control of the University. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Waste Pile A Waste Pile means a stack or pile of materials remaining from construction or maintenance activities. For University projects, these waste piles typically consist of earthen materials or construction material rubble. 36. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Part VIII Page 6 of 6