HomeMy WebLinkAboutNCS000431_FINAL PERMIT_20070509STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
mu oO o
DOC TYPE
CG-FINAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ 0-6b'l
YYYYMMDD
North Carolina Department of Environment and Natural Resources
Division of Water Duality r- . IL A r Ur
Michael F. Easley, Governor
May 7, 2007
Donald Duncan Jr., Conover City Manager
City of Conover
P.O. Box 549
Conover, North Carolina 28613
Dear Mr. Duncan:
rWffliamGLRo-gr.tpSgre ary
Alan,W. Hi Re P!E,0fector
MAY 0 9 2007
WA TER SECTI
Subject: Permit No. NCS000431
In accordance with your request to modify Pernut No. NCS000431, we are forwarding
herewith the revised NPDES permit. This permit has been revised to be consistent with language
in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the City's
requests dated November 13, 2006,
The revisions do not change the effective date of the original issuance. If your staff
should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or
by e-mail at mike.randall@ncmail.net.
cc: Central Files
Stormwater and General Permit Unit Files
DWQ=Regional-Offices. Meb
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N, Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX: 919.733.24961 Internet: h2o.enr.stale.nc.us
An Equal OpponunitylAffirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Sincerely,
U >r
Alan W. Klimek, P.E.
NorthCaroIina
;Vaturally
November 13, 2006
Mr. Mike Randall
Stormwater Pennitting Unit
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Randall:
City of Conover
Planning Department
g
o
The purpose of this letter is to request some minor cliaiiges to the language in our permit
number NCS000431.
The changes that we are requesting are to Section F, 3(b)(iii)(A) in Part I1, Page 9 of 11.
The current language reads: The stonhwater control -measures must control and treat the
difference between the pre -development and post -development conditions for the ]-year
24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not
more than 120 hours.
We request that this be changed to read: The stormwater control measures mull control
and treat the runoff from the first one inch of rainfall:...Runoff treatment volume
drawdown time must be a minimuni of 48 hours, but not more that 120 hours.
We are requesting these changes so that the language will be consistent with language
contained in Session Law 2006-246, Section 9(c)(2) and North Carolina Administrative
Code, Sections 15ANCACO2B.0215(3)(b)(1)(B), 15ANCACO2B.0216(3)(b)(i)(B), and
15ANCACO2B.0216(3)(b)(ii)(B).
If you have any questions regarding this request, please contact Lance Hight at 828 464-
1191
Sincerely,
Donald uncan Jr.
Conover City Manager
C: Jimmy Clark, Public Works Director
Lance Hight, Environmental Planner
Post Office Box 549 1 Conover, North Carolina 1 28613 1 voice/
tdd (828) 464-1191 1 fax (828) 465-51.77] ,1
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000431
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,
City of Conover
is hereby authorized to discharge stormwater from the municipal separate storm sewer system
located:
within the City of Conover Jurisdictional Area
. Catawba County
to receiving waters Clark Creek, Cline Creek, Conover Branch, Hildebran Creek, Long Creek,
Lyle Creek, McLin Creek, Miller Branch, Mull Creek, and unnamed tributaries to them, all
within the Catawba Rive_ r basin in accordance. with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective August 1, 2005, as amended May 7. 2007.
This permit and the authorization to discharge shall expire at midnight on July 31, 2010.
Signed this day May 7, 2007.
Min` . Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND.RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF. POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE.
REQUIREMENTS
PART VIII DEFINITIONS
Permit No. NCS000431
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Conover is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters Clark Creek, Cline Creek,
Conover Branch, Hildebran Creek, Long Creek, Lyle Creek, McLin Creek, Miller Creek,
Mull Creek and unnamed tributaries to them, all within the Catawba River Basin. Such
discharge shall 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 11
Municipal NPDES Stormwater Permit Application, Comprehensive Stormwater
Management Program Report, and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved 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 the 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 may
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2006-246and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee shall develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stonnwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Part I Page l of 2
Permit No. NCS000431
Implementation of best management practices consistent with.the provisions of the
Stormwater Management Plan constitutes compliance with the standard 'of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven -by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management. Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater.are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flaws that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable. water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• . flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan,
Part I Page 2 of 2
Permit No. NCS000431
PART II FINAL ]LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee shall 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 shall develop and maintain adequate legal mechanismssuch as regulations,
ordinances, policies and procedures, to implement all provisions of the Stormwater Plan.
The permittee shall keep the Division advised of the status of development of appropriate
legal mechanisms and shall pursue these mechanisms in accordance with the schedule
outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan shall be implemented and managed such that the
discharge of pollutants from the MS4 is'reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
shall occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee shall implement the components of the Stormwater Plan to prohibit illicit
connections, spills, and illegal dumping into the MS4.
4. The permittee shall implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the provisions of this permit.
5. The permittee shall maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
b. The permittee shall implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stonnwater discharge permit and
the Stormwater Plan.
7. The permittee shall 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 shall implement a post -construction site runoff controls 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part II Page 1 of 11
Permit No. NCS000431
9. The permittee shall evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution. .
10. Proposed -permit modifications, including changes to schedules, must be submitted to the
Director for approval
Part IIPage 2of11
Permit No. NCS000431
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following 13MPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
�t BMP
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain an internet web .
X
X
site. Post newsletter articles on
stormwater, information on water quality,
stormwater projects and activities, and
ways to contact stormwater management
ro am staff.
(c) Public education
Develop stormwater educational. material
X
X
X
X
X
materials for schools,
appropriate for target groups likely to have
and/or homeowners,
a significant stormwater. impact. Instead
and/or businesses
of developing its own materials, the
permittee may rely on state -supplied
public education and outreach materials,
as available, when implementing its own
program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part II Page 3 of 11
Permit No. NCS000431
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall.implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
Measurable:Goals d
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(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
X
X
X
X
opportunity to review
allow the public an opportunity to review.
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize, and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(c) Establish a citizens
Establish a citizens' advisory panel to
X
X
X
X
advisory panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
Part IIPage 4 of 11
Permit No. NCS000431
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 and actions.
(d) DeveIop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform. employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs. for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
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(a) Develop/Implement
Develop and implement.an Illicit
X
X
X
X
Illicit.Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Identify outfall locations and map
X
X
X
X
X
Sewer System. Base
stormwater drainage system components.
Map
At a minimum, mapping components
include outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to update
the map of drainage system components
on a priority basis per the approved IIlicit
Discharge Detection and Elimination
Program.
Part II Page 5 of I 1
Permit No. NCS000431
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(e) Conduct employee
Conduct training for municipal staff on
x
x
x
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
x
x
x
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
x
x
x
x
x
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of I I
Permit No. NCS000431
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stonnwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, for review of site plans which incorporates consideration of
potential water,quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction- site operators to control waste at the
construction site that may cause adverse impacts to water quality such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to satisfy the objectives of this section.
The NCDENR Division of Land Resources Erosion and Sediment Control Program satisfies the
objectives of this section by permitting and controllingconstruction sites 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. The DLR program includes procedures for public input, sanctions to ensure
compliance; requirements for construction site operators to implement appropriate erosion.and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, procedures for site inspection, and enforcement of control measures:
The NCDENR Division of Water Quality NPDES.general permit for construction activities
(NCG010000),'specifically Part I, Section A, aragraphs 3, 4, 5, and 6, places additional
requirements on construction site operators. The NCG010000 permit establishes requirements
for construction site operators to control waste such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at the construction site that may cause
adverse impacts to water quality.'
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems originating at construction sites. The
permittee may implement a plan promoting the ekistence of the NCDENR, Division of Land
Resources "Stop Mud" hotline to meet the requirements of this paragraph.
The permittee may subsequently pursue local government implementation of the Erosion and
Sediment Control Program by requesting a minor modification to this permit.
Part IIPage 7ofII
Permit No. NCS000431
SECTION F. POST -CONSTRUCTION SITE RUNOFF CONTROLS
I. Objectives for Post -Construction Site Runoff Controls
(a) . Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) . Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter
runoff from new development and
the Program)
redevelopment. The ordinance must be
reviewed and approved by the Director prior
to implementation. Ensure that controls are
in place to prevent or minimize water quality
impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
X
which include BMPs
include a combination of structural and/or'
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require adequate long-term operation and
maintenance of structural BMPs. Require
annual inspection reports of permitted.
structural BMPs performed by a qualified
professional.
(c) Establish'a program to
Control the. sources of fecal coliform to the
X
X
X
X
control the sources of
maximum extent practicable. Develop and
fecal coliform to the
implement an oversight program to ensure
maximum extent
proper operation and maintenance of on -site
practicable
wastewater treatment systems for domestic
wastewater. Municipalities must coordinate
this program with the county health
department.
Part II Page 8 of 11
Permit No. NCS000431
3. The evaluation of Post -construction Stormwater Aanagement Program measures
(a) 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 NCAC 2B.0212.
(2) Water Supply Watershed II (WS-II) — 15A NCAC 2B.0214.
(3) Water Supply Watershed 1lI (WS-III) - ISA NCAC 2B.0215.
(4) Water Supply Watershed IV (WS-IV) —15A NCAC 2B.0216.
(5) Freshwater High. Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
--I SA NCAC 2B4O235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-
15A NCAC 2B.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 2B.0251.
(b) Model Practices. For those projects that are not subject to the post -construction
stormwater management provisions of another existing state stormwater management
program, the pemuttee's Post -construction Stormwater Management Program must equal
or exceed the stormwater management and water, quality protection provided by the
following model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as'either a,low-density project or a high
density project.
(ii) A project may be permitted as a low -density project if it meets the following
criteria: I
(A) No more than two. dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30. feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions, protective covenants, other restrictive Ianguage, or
other protective measures as required by the.locally issued permit and
incorporated by the development to ensure that subsequent .
development activities maintain the development (or redevelopment)
consistent with the approved plans.
(E) A project with an overall density at or below the low -density
thresholds, but containing areas with a density greater than the overall
project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
Part 1I Page 9 of 11
Pen -nit No. NCS000431
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
(iii) A project not consistent with the requirements for a low density project maybe
permitted as a high density project if it meets the following requirements:
(A) High -density projects must use structural stormwater management
systems that will control and treat runoff from the first one -inch of rain.
(B) Runoff volume drawdown time must be a minimum of 48 hours, but not
more than 120 hours;
(C) High -density projects must discharge the storage volume at a rate equal
to or less than the predevelopment discharge rate for the one-year,
24-hour storm.
(D) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
(E)' For BMPs that require a separation from the seasonal high-water
table, the separation shall be provided by at least 12 inches of .
naturally occurring soil above the seasonal high-water table.
(F) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in 15A
NCAC 2H .1008(c) or a locally approved stormwater management
manual;
(G) All built -upon areas are av least 30 feet landward of perennial and
intermittent surface waters; and
(H) Deed restrictions, protective covenants, other restrictive language, or
other protective measures as required by the locally issued permit and
incorporated by the development to ensure that subsequent development
activities maintain the development (or redevelopment) consistent with
the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement comprehensive
watershed protection plans that may be used to meet part, or all, of the requirements for
post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance
developed by the Commission, may design its own post -construction practices based on the
Division's guidance and engineering standards for best management practices, or it may incorporate
the post -construction model practices to satisfy, in whole or in part, the requirements for post -
construction stormwater management.
(e) For new development and redevelopment projects to be built within the permittee's planning
jurisdiction by entities with eminent domain authority, the permittee shall, to the maximum extent
practicable, coordinate the approval of the post -construction site runoff control with the Division of
Water Quality of DENR.
Part I1 Page 10 of I 1
Permit No. NCS000431
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce. stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Iousekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(a) Develop ari'operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X.
X
X
X
evaluation of facilities
operations owned and operated by the
and operations, and the
permittee with the potential for.gencrating
MS4 and
polluted stormwater runoff, including the
associatedstructural
MS4 and associated structural BMPs.
BMPs.
Inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan.corrective
actions, and document the .
accomplishmentp of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
pollution prevention and good
housekeeping procedures.
(d) Review of municipally
Conduct an annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES ,
regulated industrial
stormwater permit owned and operated by
activities
the per mittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 11 of I I
Permit No. NCS000431
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan shall 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 sormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation shall 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 shall be reviewed and updated as necessary, but at least
on an annual basis. The permittee shall submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information shall be submitted by
October 1 of each year and cover the previous year's activities from August 1 of the
previous year to July 31 of the current year.. The permittee's reporting shall include
appropriate information to accurately describe the progress, status, and results of the
permittee's Stormwater Plan and shall include, but is not limited to, the following
components:
(a) The permittee shall give a detailed description of the status of implementation of
the Stormwater Plan. This shall include information on development and
implementation of all components of the Storrnwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee shall adequately describe and justify any proposed changes. to the
Stormwater Plan. This shall 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 shall 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 shall
be documented.
(d) The permittee shall 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 shall 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 shall provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary shall include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Pagel oft
Permit No. NCS000431
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.
3. 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.
shall 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 shall 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 2of2
Permit No. NCS000431
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 five years from the date of its acquisition. This period may be extended by
request of the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official, or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) 'The authorization specifies 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 forgathering 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 W Page 1 of 2
Permit No. NCS000431
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;
(b) The individual(s) who performed the activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4.. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall, also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrcnce.of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee shall submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2
Permit No. NCS000431
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the'requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by.
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt.Collection improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than I year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.4I (a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant.to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Parts V, VI, VII & VIII Page 1 of 12
Permit No. NCS000431
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 II penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all. reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil. and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-2151,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 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.
Parts V, VI, VII & VIII Page 2 of 12
Permit No. NCSO0O431
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept by this permit.
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment. is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause.. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Parts V, VI, VIl & ViII Page 3 of 12
Permit No. NCS000431
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The perrriittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce -the permitted- activity in order to maintain compliance with the
condition of this permit.
I
Parts V, VI, VII & VIII Page 4 of 12
Permit No. NCS000431
SECTION C: MONITORING AND RECORDS
1. 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 stone event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body.of water; or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum. detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized. contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Parts V, VI, VII & VIII Page 5 of 12
Permit No. NCS000431
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise. authorized by the Clean Water Act, any substances or
parameters'at any location.
5. Availability of Reports
Except for data determined to be. confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 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.
Parts V, Vl, VII & V1II Page 6 of 12
Permit No. NCS000431
PART VI LIMITATIONS REOP]ENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
Parts V, VI, VII & VIII Page 7 of 12
Permit No. NCS000431
PART VII ADMINISTERING AND.COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering.and compliance monitoring fee within 30 thirty days .
after being billed by the Division. Failure to pay the fee in a'timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Parts V, VI, V11 & VIII Page 8 of 12
Permit No. NCS000431
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3, Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots; and paths; and recreation facilities such as tennis courts.
`Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4.' Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq. .
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit. application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
It can include one operator or many operators.
Parts V, V1, VII & VIII Page 9 of 12
Permit No. NCS000431
6. Department
Depa.rtment'means the North Carolina Department of Environment and Natural
Resources.
7. Division DW
The Division of Water Quality, Department of Environment and Natural Resources,
8 Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 31.1 of the Clean Water
Act.
12. 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.
13. Industrial Activity .
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Parts V, VI, VII & VIII Page 10 of 12
Permit No. NCS000431
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.
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as; (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
Parts V, VI, VII & VIII Page 11 of 12
Permit No. NCS000431
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance, and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of storrnwaler.
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state. .
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity.
(i) Results in no net increase in built -upon area, and
(ii) Provides stormwater control equal to or greater than that in the previous
development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Parts V, VI, VII & VIII Page 12 of 12
NCDENR ire, UiNA a. ;, R GW
AND NAi! ti' °,:� F2E"uQ1Ii?M --
North Carolina Department of Environment and Natural Resourc
xe
Division of Water Quality
Michael F. Easley, Governor William G. - oss, Jr., Secretary
JUL 2 5 2CAlan W. Kli ek, P.E., Director
July 22, 2005
4!
Mr. Jimmy Clark, Public Works Director
939 4`}' St. SW 't
Conover, North Carolina 28613 MATER �Ivr% I"i S E G1�r
Subject: NPDES Permit Number NCS000431
City of Conover
Catawba County
Dear Mr. Clark;
In accordance with your application for a stormwater discharge permit received on March 10, 2003, and
as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North
Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended).
Numerous comments were received during the public comment period. The attached document
summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may
review all the comments and response to comments at:
httpa/h2o.enr.state.nc.us/su/NPDES Phase 11 Stormwater_Pro,. ram.h_t_m
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing
upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand
is made, this decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act,
or any other state, federal, or local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ken Pickle at telephone number (919)
733-5083 ext. 584.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
DWQ Central Files
Stormwater Permitting Unit Files
Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NOl Li1CO1111a
Phone: 919-733-70151 FAX: 919.733-24961 Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Aaturally
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000431
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,
City of Conover
is hereby authorized to discharge stormwater from the municipal separate storm sewer system
located:
within the City of Conover Jurisdictional Area
Catawba County
to receiving waters Clark Creek, Cline Creek, Conover Branch, Hildebran Creek, Long Creek,
Lyle Creek, McLin Creek, Miller Branch, Mull Creek, and unnamed tributaries to them, all
within the Catawba River basin in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VM hereof.
This permit shall become effective August 1, 2005.
This permit and the authorization to discharge shall expire at midnight on July 31, 2010.
Signed this day July 22, 2005.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMWISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
Permit No. NCS000431
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the City of Conover is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters Clark Creek, Cline Creek,
Conover Branch, Hildebran Creek, Long Creek, Lyle Creek, McLin Creek, Miller Creek,
Mull Creek and unnamed tributaries to them, all within the Catawba River Basin. Such
discharge shall 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 H
Municipal NPDES Stormwater Permit Application, Comprehensive Stormwater
Management Program Report, and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved 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 the 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 may
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee shall develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater Plan.
The purpose of the Stormwater 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
Part I Page 1 of 2
Permit No. NCS000431
practices consistent with the provisions of the Stormwater Plan constitutes compliance
with the standard of reducing pollutants to the maximum extent practicable. Successive
iterations of the Stormwater 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 Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commerciallresident] al);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps,
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
Permit No. NCS000431
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee shall 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 shall develop and maintain adequate legal mechanismssuch as regulations,
ordinances, policies and procedures, to implement all provisions of the Stormwater Plan.
The permittee shall keep the Division advised of the status of development of appropriate
legal mechanisms and shall pursue these mechanisms in accordance with the schedule
outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan shall be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
shall occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
The permittee shall implement the components of the Stormwater Plan to prohibit illicit
connections, spills, and illegal dumping into the MS4.
4. . The permittee shall implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the provisions of this permit.
5. The permittee shall maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee shall implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this Stormwater discharge permit and
the Stormwater Plan.
7. The permittee shall 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 shall implement a post -construction site runoff controls 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part U Page 1 of 11
Permit No. NCS000431
9. The permittee shall evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications, including changes to schedules, must be submitted to the
Director for approval.
Part IIPage 2of 11
Permit No. NCS000431
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMWs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain an internet web
X
X
site. Post newsletter articles on
stormwater, information on water quality,
stormwater projects and activities, and
ways to contact stormwater management
program staff.
(c) Public education
Develop stormwater educational material
X
X
X
X
X
materials for schools,
appropriate for target groups likely to have
and/or homeowners,
a significant stormwater impact. Instead
and/or businesses
of developing its own materials, the
permittee may rely on state -supplied
public education and outreach materials,
as available, when implementing its own
program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part H Page 3 of I I
Permit No. NCS000431
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
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Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
X
X
X
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a citizens
Establish a citizens' advisory panel to
X
X
X
X
advisory panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
Part H Page 4 of 1 I
Permit No. NCS000431
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 and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
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Develop and implement an Illicit
X
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X
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Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a storm
Identify outfall locations and map
X
X
X
X
X
sewer system base
stormwater drainage system components.
map
At a minimum, mapping components
include outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to update
the map of drainage system components
on a priority basis per the approved Illicit
Discharge Detection and Elimination
Program.
Part II Page 5 of 11
Permit No. NCS000431
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(e) Conduct employee
Conduct training for municipal staff on
X
X
X
cross -training
detecting and reporting illicit dischar es-
(f) Provide public
Inform public employees, businesses, and
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part II Page 6 of I 1
Permit No. NCS000431
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, for review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste at the
construction site that may cause adverse impacts to water quality such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to satisfy the objectives of this section.
The NCDENR Division of Land Resources Erosion and Sediment Control Program satisfies the
objectives of this section by permitting and controlling construction sites 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. The DLR program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, procedures for site inspection, and enforcement of control measures.
The NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Part I, Section A, Paragraphs 3, 4, 5, and 6, places additional
requirements on construction site operators. The NCG010000 permit establishes requirements
for construction site operators to control waste such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at the construction site that may cause
adverse impacts to water quality.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems originating at construction sites. The
permittee may implement a plan promoting the existence of the NCDENR, Division of Land
Resources "Stop Mud" hotline to meet the requirements of this paragraph.
The permittee may subsequently pursue local government implementation of the Erosion and
Sediment Control Program by requesting a minor modification to this permit.
Part 11 Page 7 of 11
Permit No. NCS000431
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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Develop, adopt by ordinance (or similar
X
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter
runoff from new development and
the Program)
redevelopment. The ordinance must be
reviewed and approved by the Director prior
to implementation. Ensure that controls are
in place to prevent or minimize water quality
impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require adequate long-term operation and
maintenance of structural BMPs. Require
annual inspection reports of permitted
structural BMPs performed by a qualified
rofessional.
(c) Establish a program to
Control the sources of fecal coliform to the
X
X
X
X
control the sources of
maximum extent practicable. Develop and
fecal coliform to the
implement an oversight program to ensure
maximum extent
proper operation and maintenance of on -site
practicable
wastewater treatment systems for domestic
wastewater. Municipalities must coordinate
this program with the county health
de artment.
Part H Page 8 of 11
Permit No. NCS000431
3. The evaluation of Post -construction Site Runoff Controls Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Site Runoff Controls Program must equal or exceed the stormwater
management and water quality protection provided by the following model
practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the following
criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project may
be permitted as a high density project if it meets the following requirements:
(A) The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the I -year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
Part U Page 9 of 11
Permit No. NCS000431
(D)All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part H Page 10 of 11
Permit No. NCS000431
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 and associated
polluted stormwater runoff, including the
structural BMPs.
MS4 and associated structural BMPs.
Inspect the potend al sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipally
Conduct an annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part f1 Page 11 of 11
Permit No. NCS000431
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan shall include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of SMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation shall 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 shall be reviewed and updated as necessary, but at least
on an annual basis. The permittee shall submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information shall be submitted by
October 1 of each year and cover the previous year's activities from August 1 of the
previous year to July 31 of the current year. The permittee's reporting shall include
appropriate information to accurately describe the progress, status, and results of the
permittee's Stormwater Plan and shall include, but is not limited to, the following
components:
(a) The permittee shall give a detailed description of the status of implementation of
the Stormwater Plan. This shall 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 shall adequately describe and justify any proposed changes to the
Stormwater Plan. This shall 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 shall 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 shall
be documented.
(d) The permittee shall 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 shall 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 shall provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary shall include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Page 1 of 2
Permit No. NCS000431
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.
3. 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
shall 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 shall provide
certification in writing (in accordance with Part N, 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 M Page 2 of 2
Permit No. NCS000431
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 five years from the date of its acquisition. This period may be extended by
request of the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official, or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specifies 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:
"1 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 2
Permit No. NCS000431
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;
(b) The individual(s) who performed the activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any non-
compliance that may constitute and imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue, and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee shall submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2
Permit No. NCS000431
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Parts V, VI, VII & V1II Page 1 of 12
Permit No. NCS000431
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).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish frills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 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.
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Permit No. NCS000431
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
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Permit No. NCS000431
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Parts V, VI, VII & VTU Page 4 of 12
Permit No. NCS000431
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
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Permit No. NCS000431
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 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 143-215.613 or in Section 309 of the Federal
Act.
Parts V, VI, VII & VIII Page 6 of 12
Permit No. NCS000431
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute t43-215.1 et. al.
Parts V, VI, VH & VID Page 7 of 12
Permit No. NCS000431
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 thirty days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Parts V, VI, VII & VIlI Page 8 of 12
Permit No. NCS000431
PART VIII DEFINITIONS
Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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, Iot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
It can include one operator or many operators.
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Permit No. NCS000431
6. Department
Department means the North Carolina Department of Environment and Natural
Resources.
7. Division DW
The Division of Water Quality, Department of Environment and Natural Resources.
8 Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit 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.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Parts V, VI, VII & VIH Page 10 of 12
Permit No. NCS000431
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.
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
Parts V, VI, V11 & VIE Page I 1 of 12
Permit No. NCS000431
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance, and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity:
(i) Results in no net increase in built -upon area, and
(ii) Provides stormwater control equal to or greater than that in the previous
development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. . Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Parts V, VI, VII & VIII Page 12 of 12