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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 �` ar, Measurable Goals 6}.to;i YRr YR. YR YR YR' 4 tr sy K if�tJf3 y11 r Y i c ` k 3:, � ,,,;. ,�1.`S" .�.,2� .�4 ,5.•. (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 `YR YR YR YR YR r (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. �' ,BMP,},, {zMeasuraleGoals �'��" `kYRF''YRYRYRYR ti*al:'.���1��v. •MM"t�+G?;dt�;.�y;,;RA�' +.:ir�e t�+.��i..r �i��t��i����uf�'. �`�:.`,dC�S.��n_rke r .'�}i�si:d `� �,r�5ry4... �F#Y���n i�TMj7 (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 r�r` `'�; t M -v 6 , - ' .1- 'a r' -t'? Weh's"Muame, a $ _RAW no W - ; N. - " F R' -.3 (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. Y i �31ti} / I T y ii'i'ik L r A3 A X- 1 i Goals "c.: YR� YR % YR YR A 45 +Measarabie 4 �YR (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. _ _..� sY - "CK i Afif i „� Ir i � t� I' � � - Measurable �Fzr' ar �YR YR� YRa. YR , . YR: �.." (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. ' s°BMT^"�1VleasurableGoals �`' P �`~' r>r P kw 'iP`�� �c �'` xYR ii YR,4YR`� Sa kt ��ayR�y}yR NF.:( a,. " ' F Tii.,-,'e:l?t �Ja:.. '.��1�:.' 3 _ .a..`z.,• ?� + 4° .'�1 i"�.'ruu��#).,+�. , a.'��.. A, (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. f� (�"y �Y"` ,. 'f �' � MeasurableyGoals-�,YRtiYR t�'�Iyt7.i �`fap. - (11'- IG t d i tYR <e,y.'.f ,�YR l is .f Y3R . ipeY +y}'. r.J�'..Yi•'3'Y'a'r (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. (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. 4 . "BMP , s 1Vl asurable -0Goals ; = b3»Y�R _- R' ,Y0193 Yl �'o( I' 1 YR, (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 Illicit Discharge Detection and Elimination Program. Part II Page 5 of 11 Permit No. NCS000431 ��-"°�� I �; _ BIVIP �` In"". � � �Measuialile Caals � ;, n � �^ a � YR � Y u� Y�. " YR n "N. , ' .,. 2 3 4 (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. i Y�bl"Gs =FR YR:' 4n.Yy�1. ICE v °✓-, , r7R'AAfhy:`. (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 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. 4« rl �'4O�' �Y'"BMP�`t.< l 1Vleasuralle GoalskfSa'`��t�'� �'' r y� iv 4 ' "'YRs 3 2 RY1R yN4�T iYRYR�YR; ''i ,,p ..���N1,,�'�4����w.�>✓�Y '� i� �:�.'�„r��5���'��..�'a�,S�'� t 1t� ybt.r 4ti� S-f 3.�' ,_� o��.�,.�; r.� r . .1 ,�,2��c �,�3�t4 �.. t �t�. (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. Parts V, V1, VII & VII1 Page 2 of 12 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. Parts V, VI, VII & VIH Page 3 of 12 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; Parts V, VI, VII & VM 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 143-215.613 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. Parts V, VI, VII & VIII Page 9 of 12 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