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HomeMy WebLinkAboutNCS000431_OTHER_20041109STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. �-� � O (� q3� DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑ OMPLIANCE COTHER DOC DATE ❑ YYYYMMDD Jimmy Clark, Public Works Director POB 549 Conover, North Carolina 28613 Dcar Mr. Clark: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P. E. Director Division of Water Quality ��' ��Coleen HSuAinsf Deputy Director AND NA Ft i" - e Dibisign!oFiWatVer Quality November $. 2004 NOV 0 9 200A Subject: NPDES Permit Nii &rNCS000431• . Citv of Conover On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210) - Phase II Stormwater Management. The Governor signed the bill on August 2, 2004. This bill addresses implementation of the federal NPDES Phase II stormwater program in North Carolina. In S 1210, the General Assembly provided a framework that will allow state and local government agencies to begin implementing the program. The bill establishes minimum stormwater management requirements for municipal storm sewer systems and also applies stormwater controls to some developing areas around these municipalities. Phase II Draft permits for local governments were publicly noticed the week of November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's permit has been noticed and copies of the draft permit are available at: http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. All comments and request should reference draft permit number NCS000431. Please provide your comments by Friday, December 10, 2004. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 584. Sincerely, 41el- � .� /, ef Ken Pickle cc: Stormwater Permitting Unit 'Mooresville Regional Office NCDEN N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 o�o� w A Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources / Alan W. Kli%e- 1',,E: Director;;;.,;,.., Div�siflrof� ater Quality `. Coleen H. SUf1irr -Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: City of Conover NPDES Permit Number: NCS000431 Facility Location: City of Conover OCT o , 2004 Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Clark Creek, Cline Creek, Conover Branch, Hildebran Creek, Long Creek, Lyle Creek, McLin Creek, Miller Branch, Mull Creek,and unnamed tributaries to them. River Basin: Catawba River Basin Stream Classification: C, WS-IV Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable Response Requested by (Date): October 15, 2004 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date Igo stormwater Permitting Unit Supervisor Date 91),?A916¢ i Concurrence by Regional Office ���`� �'"G`5 Date Water Quality Supervisor Date Pr toy Ad *A MCDENR N. C. Division of Water Qua] ity 1617 Mail Service Center Raleigh, North Carolina 27699.1617 (919) 733-7015 Customer Service 1-fi77-623-6745 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 28, 2004 Jimmy Clark, Public Works Director 939 Fourth St. S.W. Conover, North Carolina 28613 Subject: NPDES Permit Number NCS000431 City of Conover Dear Mr. Clark; Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the City of Conover. Following an appropriate public notice and comment period, we anticipate this permit will become effective in the 4th quarter of 2004. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Friday, October 15, 2004. You will also have an opportunity to submit comments during the public comment period in November, 2004. If you have any questions about this draft permit please contact me at (939) 733-5083, ext. 584. Sincerely, Ken Pickle Permit Writer cc: Stormwater Permitting Unit ,Mooresville- Regional Office N. C. Division of Water Quality 1017 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 �A - WED ENUR Customer Service I-877-623-6748 NCS000431 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 provisions of North Carolina General Statdt- 43-215.1, other lawful g standards and regulations promulgated and adopted by theNort �C- 'olnauironmental Management Commission, and the Federal Water PollutioyL ontrol Actas amended, City of Conover is hereby authorized to discharge stormwater from thEir m"ui7icipal separate storm sewer system located: Within the CityW C0 over Ju sdictional Area Cataw :'V, 6unty i to receiving waters Clark Creek, Cline Cree ;Conover Branch, Hildebran Creek, Long Creek, Lyle Creek, McLin Creek, Miller Branch, Mull Creek, and unnamed tributaries to them, al! VtN .,41 within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V, VI, VII and VLH hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission NCS000431 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 V I I I DEFINITIONS 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, within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management 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 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 and surrounding areas as described in the approved local 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 CPR 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 an enforceable part of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. Discharges authorized under this permit shall not cause or contribute to violations of water quality standards. Part 1 Page I of 2 NCS000431 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 (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 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 NCS000431 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMEN,rATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal authorities to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. Any changes to the schedule must be approved by the Director. 2. The permittee's Stormwater Plan will 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 will 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 will implement the appropriate components of the Stormwater Plan to assure that, to the maximum extent practicable, illicit connections, spills, and illegal dumping into the MS4 are prohibited. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include, but is not limited to, the provisions of this permit and the applicable provisions of the permittee's Stormwater Plan. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the permit application and in accordance with this permit. The permittee will implement an appropriate post -construction site runoff control 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 will include provisions for long-term operation and maintenance of BMPs. Part 1.1 Page I of 12 NCS00043 l 9. The permittee will 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 must be submitted to the Director for approval. Part 11 Page 2 of 12 NCS00043 l SECTION B: PUBLIC EDUCATION AND OUTREACH I. 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 BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. MIVIeaSurable .Goals4„ ,tr f T YR=YR=,YR: °Y�R=} 4 .a ' r_ ;la � 2 x�3j�x � r� 4 t.'" =�rsi : k A '°�'�"_� d�7� r I�Nff . _' �A, Y_fiE.J (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 general stormwater educational X X X X X materials for schools, material targeting school children, homeowners, and/or homeowners, and businesses. businesses (d) Public education Distribute written material through utility X X X X X material dissemination mailouts, at special events, and at high traffic businesses. Part Il Page 3 of 12 NCS000431 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION I. Objectives for Public Involvement and Participation (a) Provide opportunities for the public to participate in program development and implementation. (b) Reach of (c) Comply 2. BN Ps for Publi The permittee shall Involvement and Pa any goals. Y FJ� sBMP�I 3 3 Y.SYti �Y� (a) Administer a Public Involvement Progra (b) Organize a voluntee community involvement progra: (c) Establish a Citizens Advisory Panel 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. h"� NOR,, easur he oals i7 R. `ua .Y"Ito am (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 Complete identification, locations of, and X X X X X Sewer System Base mapping of, stormwater drainage system Map components. At a minimum, mapping components include outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to X 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 Program. Part If Page 5 of 12 NCS000431 ry T 4�3M1 = �� .. �; MeasurableGoals �' r t, XR - �g YRYR� Y<.R 'title. EYR ... w_ ;._ = vim_::'}. ...__�r,.��s�MS. .2 43.4�, (e) Conduct employee Conduct training for municipal staff on X X X cross-trainingdetectingand re ortin 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 dis osai 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 dischar es. 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 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. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Construction Site Runoff Controls Program and shall notify the Division prior to modification of any goals. r,13MP�+, t U1 -t�� '.. G-� g M��= ►'� a Measurable G()�Yls ,�,r ��?.. p }�,. r'L r tiro i tY` i�1 - - l�+ ��L�� N"hi- 1 ij' } `{-.. i Mx � i<' �,L�'� r. �Ss��.•e r x,.�`.' :.�•5 I ;.�i±,f....���� _ ,,YR YR`- "#d# U' i ,firs, �$l�y-' YR , J 2� 7 f . �7 i�J�� =,cYR v YR ,,• w (a) Implement a Develop a regulatory mechanism and X X X X X program and implement a program requiring erosion and establish a sediment controls at construction sites and regulatory providing for sanctions to ensure compliance. mechanism for Instead of originating a new program, the erosion and permittee may elect to comply by relying on sediment control the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. (b) Develop Require construction site operators to X X X X X requirements on implement erosion and sediment control BMPs construction site and to control construction site wastes that operators may cause adverse water quality impacts. Part lI Page 7 of 12 NCS000431 Yleasurale Dols; r=YR '`YR� �.Y�R, 1!R YR 'w�:=-. 'a,V_F2�5_�s (c) Provide New materials may be developed by the X X X educational and permittee, or the permittee may use materials training materials adopted from other programs and adapted to for construction the permittee's construction runoff controls site operators program. (d) Institute plan Review construction plans and establish X X X X reviews procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X X information consideration of erosion and sedimentation procedures information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish Establish procedures for site inspection and X X X X inspection and enforcement of control measure requirements. enforcement The procedures should include prioritizing procedures I areas of inspections based on local criteria. Part 11 Page 8 of 12 NCS000431 SECTION F: POST' -CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development I 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) Ensure 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's stormwater management ordinance and any subsequent amendments and the additional .BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. �;•;13NiI'��R *r'� b SMeasurahleCaal§�;'.� YRYR.� ' ;YrKI•s:R' �y� V 4 Y..�2 4 I_ F t! - 11 (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 post - Program (hereafter construction runoff controls for new the Program) development and redevelopment. The ordinance must be reviewed and approved by the Department prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Develop community Develop guidance materials or a training X X X X education class for local developers explaining the localpost-construction approval process. (c) Establish compliance Take appropriate actions to address non- X X X X and enforcement compliance and ensure enforcement of the rocedures Program. (d) Establish strategies Ensure adequate long-term operation and X X X X which include maintenance of structural BMPs. Require structural and non- annual inspection reports of permitted structural BMPs structural BMPs performed by a qualified appropriate for the professional. MS4 Part It Page 9 of 12 NCS000431 o s Measu ab a;G a r- R R R ;rYR (e) Ensure structural Establish pre -construction review of plans X X X X BMP design, inspection during construction, and post - construction, construction acceptance procedures. operation and Require and review annual BMP maintenance inspection reports. compliance (f) Establish a program Control the sources of fecal coliform to X X X X to control sources of the maximum extent practicable. Develop fecal coliform to the and implement an oversight program to maximum extent ensure proper operation and maintenance practicable of on -site wastewater treatment systems for domestic wastewater and conduct an O&M awareness program for on -site wastewater treatment system owners. Municipalities must coordinate this program with the county health department. (g) Establish a buffer Require that built -upon areas be located at X X X X requirement least 30 feet landward of all perennial and intermittent surface waters. For the purpose of this permit, a surface water shall be present if the feature is shown of either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGA). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 213.0233 (3)(a). (h) Ensure long term Require recorded deed restrictions and X X X X project conformity protective covenants to ensure that with the permittee's subsequent development activities will Program objective of maintain the projects consistent with the minimizing water permittee's Post -Construction Site Runoff quality impacts Controls Program. Part Q Page 10 of 12 NCS000431 r c d.' t 4 'r 4' [Vieasilifabie:Goals-�YI2' ✓ - h r .+ - y r Y�Rs 't vYR YR '.� (1) Establish low -density Define low -density projects as having X X X X development 24% or less built -upon area (or no more requirements than 2 dwelling units per acre). Require the use of vegetated conveyances to the maximum extent practicable. 0) Establish high- Define high -density projects as having X X X X density development greater than 24% built -upon area. requirements Control and treat the difference in stormwater runoff volume leaving the project site between the pre -construction and post -construction development conditions for the 1 year 24 hour storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not more than 120 hours; All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c). Part 11 Page l I of 12 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 objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. r �� BNIP k '^"�` _—?—sx.r. - _.k a.+-' F�.A] R' r r� Measurable Goals : , YsR �- WR p" YR *YR, YR -= s67 .W. (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 and operations permittee with the potential for generating polluted stormwater runoff. Specifically inspect the potential 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 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 permittee. Specifically 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 11 Page 12 of 12 NCS000431 , PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, monitoring and sampling, inspections, maintenance activities, educational programs, implementation of BNIPs and enforcement actions. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by [Set date two months after permit year's end] of each year and cover the previous year's activities from [Insert start date] to [Insert end date]. The permittee's reporting will include appropriate information to accurately describe the progress, status and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost. of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and Part III Page l of 2 NCS000431 review of the storm sewer system, education, training, and results of the illicit discharge detection and elimination program. (g) The permittee will provide information concerning areas of water quality improvement or degradation. Depending on the level of implementation of the Stormwater Plan, this information may be submitted based on pilot studies, individual projects, or on a watershed or sub -watershed basis. 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 will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part 111 Page 2 of 2 NCS00043 l PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Monitoring Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit for a period of at ]cast five years from the date of the sample, measurement, report, or application. 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 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 Part IV Page I of 3 NCS000431 information, including the possibility of fines and imprisonment for knowing violations." 3. Recording Results For each measurement, sample, inspection, or maintenance activity performed or collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of sampling, measurements, inspection, or maintenance activity; (b) The individual(s) who performed the sampling, measurements, inspection, or maintenance activity; (c) The date(s) analyses were performed; (d) The individual(s) who performed the analyses; (e) The analytical techniques or methods used; and (f) The results of such analyses. 4. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes or activities which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). S. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes which may result in noncompliance with the permit requirements. 6. 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 reoccurrence of the noncompliance. Part IV Page 2 of 3 NCS000431 The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 7. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part f.0 of this permit on forms provided by the DWQ. 8. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 9. Other Information Where the 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 3 of 3 NCS000431 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 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, 3I8 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 $1 1,000 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,V1,VE&VIIIPage I of 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 $1 1,000 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 143-215.3, 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 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, V II & V ill Page 2 of 9 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. 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. SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 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. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Parts V,VI,VII&VIIIPage 3of9 NCS000431 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. SECTION C: MONITORING AND RECO1tDS I. 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 permitter 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; Parts V, VI, VII & VII1 Page 4 of 9 N C S 000431 (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. S. 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. 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 143-215.1 et. al. 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 211 .0105(b)(4) may cause this Division to initiate action to revoke the permit. Parts V, V1, VII & VIII Page 5 of 9 NCS00043 l 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. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Diyision_(DWQ) The Division of Water Quality, Department of Environment and Natural Resources, 5. Director The Director of the Division of Water.Quality, the permit issuing authority. 6. ENIC The North Carolina Environmental Management Commission. 7. 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. S. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 9. 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. Parts V, V1, VIl & VIII Page 6 of 9 NCS00043 l 10. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 11. 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 12. Nan-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)1, 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). 13. 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, Parts V, VI, VII & VM Page 7 of 9 NCS000431 minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance, and spill prevention. 14. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 15. Permittee The owner or operator issued this permit. 16. Point Source Dischar e 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. 17. Redevelopment Means any rebuilding activity other than a rebuilding activity that; (i) Results in no net increase in built -upon area, and (ii) Provides equal or greater stormwater control than the previous development. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Section 313 Water Priority Chemical A chemical or chemical category which: (a) is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; Parts V, VI, VII & VIII Page 8 of 9 NCS000431 l (b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and (c) That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR Part 122 on either Table H (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances), (d) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the CWA in 40 CFR 116.4, or (iii) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 21. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Ciean'Water Act. Parts V, VI, V 11 & V III Page 9 of 9