HomeMy WebLinkAboutNCS000454_FINAL PERMIT_20070607STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
O O'v % J
DOC TYPE
aiNAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD
M-M
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Wei
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
June 7, 2007
Lynda M. Paxton, Mayor
Town of Stallings
POB 4060
Stallings, North Carolina 28106
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
Subject: NPDES Permit Number NCS000454
Town of Stallings
Dear Ms; Paxton:
In accordance with the Environmental Management Commission's (EMC) Final
Agency Decision of March 7, 2007, the Division is forwarding herewith your revised
NPDES Phase II stormwater permit, number NCS000454. The revised permit includes
new provisions for. the Goose Creek watershed, in accordance with the agency decision.
Persons wishing to comment were invited to submit their comments in writing to
DWQ no later than May 4, 2007. All comments received prior to that date were
considered in the final determination regarding permit issuance.
Our office received comments recommending more stringent stormwater controls,
and other comments recommending less stringent stormwater controls. Our office also
received numerous letters requesting a hearing on the permit requirements for the Goose
Creek watershed. The Goose Creek watershed area has been under significant review
over the last few years related to the protection of areas that support a federally listed
and endangered species - the Carolina heelsplitter mussel. Further, Goose Creek is
subject to an EPA approved TMDL for fecal coliform. In 2005, federally mandated
stormwater discharge permits were issued for a number of local governments in the
Goose Creek watershed. Environmental interest groups challenged the permits to three
communities in the watershed and contended that they were not protective of the
Carolina heelsplitter or its habitat. In review of this challenge an Administrative Law
Judge and the EMC have set specific management strategies to be implemented in the
Goose Creek watershed while a Site Specific Management Strategy is under
development.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-733-70151 FAX: 919-733.2496/ Internet*. h2o.enr.slate.nc,us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarolina
;Vaturallff
Ms. Lynda M. Paxton, Mayor
Page 2 of 2
June r, 2007
The EMC is currently reviewing this site -specific strategy for protection of the
species and its habitat in the Goose Creek watershed area. The development of this
Strategy is in accordance with the EMC's rules and is itself a rulemaking procedure. The
Site -Specific Management Strategy process will include a public comment period,
including a public hearing in the watershed area. Because this process is under way and
will result in a comprehensive strategy for the long-term protection ultimately required in
the watershed, we feel that this is the appropriate venue for a public hearing on the
issues of concern in the watershed area.
Copies of the Final Agency Decision and public comments are available by
contacting:
Ken Pickle
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 584
Ken. pickle@ncmail.net
The revisions do not change the effective date of the original issuance. if your
staff should have any questions about these revisions, please contact Ken Pickle.
Sincerely,
x ' -/'
Coleen H. Sullins, Director
cc:
North Carolina Wildlife Resources Commission
Peter J. McGrath Jr., Moore & Van Allen PLLC
DWQ Central Files
,Stormwater Permitting Unit file NCS000454
DWQ Mooresville Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000454
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,
Town of Stallings
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stallings Jurisdictional Area
Union County
to receiving waters North Fork Crooked Creek, South Fork Crooked Creek, Goose Creek, West
Fork Twelvemile Creek, and unnamed tributaries to them, all within the Catawba River and
Yadkin -Pee Dee River basins in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, VI, VII, and V1II hereof.
This pen -nit is effective October 1, 2005, and as amended on June 7, 2007.
This permit and the authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day June 7, 2007.
L
Coleen H. Sullins, 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 1V 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 Vlll DEFINITIONS
Permit No. NCS000454
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Stallings is authorized to discharge stornwater from the
municipal separate storm sewer system (MS4) to receiving waters North Fork Crooked
Creek, South Fork Crooked Creek, Goose Creek, West Fork Twelvemile Creek and
unnamed tributaries to them, all within the Catawba River and Yadkin -Pee Dee River
basins. Such discharge shall be controlled, limited and monitored in accordance with the
pernnittee's Comprehensive Stormwater Management Program Report, herein referred to
as the Stormwater Plan. The Stormwater Plan includes components of the permittee's
Phase II Municipal NPDES Stonnwater Permit Application, Comprehensive Stonnwater
Management Program'Report, and any approved modifications.
2. All discharges authorized herein shall be 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 pen -nit covers activities associated with the discharge of stornwater 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.
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. NCS000454
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 shall 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 stormwatcr 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 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-storrwater flows of this type be controlled
by the permittee's Storrnwater Plan.
Part I Page 2 of 2
Permit No. NCS000454
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:
1. The permitter shall develop and maintain adequate legal mechanisms, such 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 ordinances and legal authorities and shall pursue these
authorities in accordance with the schedule outlined in the Stormwater Plan.
2. The pennittee's Stonnwater 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 pennittee 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 various management measures that are a part
of the Stormwater Plan. This shall include the provisions of this pen -nit.
5. The permittee shall maintain adequate funding and staffing to implement and manage the
provisions of the Stonnwater Plan.
6. The pennittee 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 Stonnwater Plan and in accordance with this permit.
8. The pertittee shall implement a 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part 11 Page 1 of 12
Permit No. NCS000454
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 pen -nit modifications must be submitted to the Director for approval.
11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of
such by the Division, the permittee shall implement a TMDL Water Quality Recovery
Program. The following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall establish a TMDL Water Quality Recovery
Program and shall identify the locations of all currently known MS4 outfalls
within its jurisdictional area with the potential of discharging the pollutant(s) of
concern; to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The
permittee shall also develop a schedule to discover and locate all other MS4
outfalls within its jurisdictional area that may be discharging -the pollutant(s) of
concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall develop a monitoring plan for each pollutant of
concern. The monitoring plan shall include the sample location by verbal
description and latitude and longitude coordinates, sample type, frequency, any
seasonal considerations, and a monitoring implementation schedule for each
pollutant of concern. Where appropriate, the permittee may reduce the monitoring
burden by proposing to monitor outfalls that the Division would consider
substantially similar to other outfalls. The permittee may also propose in -stream
monitoring where it would complement the overall monitoring plan. The
monitoring plan shall be adjusted as additional outfalls are identified in
accordance with the schedule required in (a) above and as accumulating data may
suggest.
(c) The pennittee shall include the location of all currently known MS4 outfalls with
the potential of discharging the pollutant(s) of concern, the schedule for
discovering and locating currently unknown MS4 outfalls with the potential of
discharging the pollutant(s) of concern, and the monitoring plan, (all as required
in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program)
in the first Stormwater Plan annual report due no earlier than two years after the
Division's initial notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Plan annual report shall include an
assessment of the available data for each pollutant of concern, and an assessment
of the effectiveness of the BMPs employed, to detennine what, if any, additional
BMP measures may be necessary to return the impaired segments to compliance
with state water quality standards. The permittee shall implement appropriate
Part 11 Page 2 of 12
Permit No. NCS000454
BMPs to control the pollutant(s) of concern to the maximum extent practicable.
Implementation of the appropriate best management practices constitutes
compliance with the standard of reducing pollutants to the maximum extent
practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the pennittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality
Recovery Program into the Storinwater Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area
by referencing the 2004 Integrated 305(b) and 303(d) Report (or current version),
available on the website of the Division of Water Quality Modeling and TMDL Unit.
12. Pursuant to Section A paragraph 11 of this Part, the permittee shall establish a TMDL
Water Quality Recovery Program on or before July 1, 2008, to comply with the pollutant
load limitations for the EPA approved TMDL for the Goose Creek watershed.
13. Municipalities shall incorporate in their Stormwater Plan site -specific stormwater
management requirements for streams supporting federally -listed threatened and
endangered aquatic animal species required by site -specific management plans and
schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide
habitat for federally -listed aquatic animal species that are listed as threatened. or
endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service
under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the water quality conditions;
required to sustain and recover federally listed threatened and endangered aquatic animal
species, contributes to the support and maintenance of a balanced and indigenous
community of aquatic organisms and thereby protects the biological integrity of the
waters.
Part 11 Page 3 of 12
Permit No. NCS000454
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 BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
, yLK, 4BMP Y
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities,
(b) Informational web site
Develop and maintain an internet web
X
X
X
X
X
site. Post newsletter articles on
stormwater, information on water quality,
stormwater projects and activities, and
ways to contact stormwater management
rogam staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials,
the permittee may rely on state -supplied
Public Education and Outreach materials,
as available, when implementing its own
program,
(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, at the library and at special
events.
Part II Page 4 of 12
Permit No. NCS000454
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.
BMP a
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(a) Administer a Public
Develop.and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
X
X.
X
X
opportunity to review
allow the public an opportunity to review
and comment on the.
and comment on the Stonnwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
community
stonnwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens
Establish a citizens advisory panel to
X
X
X
X
X
Advisory Panel
review the Stornwater Plan, to review the
annual report, and to advise the permittee
on the Stornwater Plan.
Part 11 Page 5 of 12
Permit No. NCS000454
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
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(a) Develop/Implement
Develop and implement an illicit.
X
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
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved IIlicit Discharge
Detection and Elimination Program.
(c) Develop a storm
Identify outfall locations and map
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
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 II Page 6 of 12
Pen -nit No. NCS000454
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(e) Conduct employee
Conduct training for municipal staff on
x
x
x
cross -training
detecting and reporting illicit disebuges.
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
reporting mechanism
mechanism for the public to report illicit
disehar es.
Part 11 Page 7 of 12
Permit No. NCS000454
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
I. 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 relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program meets the
requirements of the Construction Site Runoff Controls by permitting and controlling
development 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. This 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, and procedures for'site
inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCGO10000), specifically Part 1, Section A, Paragraphs 3, 4, 5, and 6, 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. The pennittee may implement a
plan promoting the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 8of12
Permit No. NCS000454
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development and 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 pennittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter the
runoff from new development and
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
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require 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
X
control the sources of
maximum extent practicable. Develop and
fecal colifonn 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 9 of 12
Permit No. NCS000454
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 stonnwater management programs listed herein are deemed
compliant with the post -construction stonnwater 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 stonnwater 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 1-year 24-hour stone. 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);
(D)All built -upon areas are at least 30 feet landward of perennial and
intenmittent surface waters; and,
Part II Page 10 of 12
Permit No. NCS000454
(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.
4. Federally Listed Endangered Species
For those portions of the Goose Creek watershed present within the permittee's local jurisdiction:
(a) The permittee shall maintain two -hundred foot undisturbed buffers on perennial
streams; one -hundred foot undisturbed buffers on intermittent streams; and a ten
percent impervious surface threshold for engineered stormwater management
controls in the interim period'until the comprehensive plan for the protection of
the Carolina heelsplitter in the Goose Creek watershed is adopted; or
(b) The permittee shall comply with the conditions and management measures of the
site -specific comprehensive plan for protection of the Carolina heelsplitter in the
Goose Creek watershed when adopted by the Environmental Management
Commission.
(c) Exceptions can be granted as provided in Session Law 2006-246.
Part II Page 11 of 12
Permit No, NCS000454
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
I. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations and maintenance
activities.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(a) Develop an operation
Develop an operation and maintenance
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and maintenance
program that has the ultimate goal of
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preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect 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
pollution prevention and good
housekeeping procedures.
Part I1 Page 12 of 12
Permit No. NCS000454
PART III PROGRAM ASSESSMENT
1. Implementation of the Stormwater Plan shall include documentation of all prograin
p � p b
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwatcr activities. If monitoring and sampling are being perfonned
documentation of results shall belincluded. 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 pennittee's Stonnwater 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 aril annual basis. This information shall be submitted by
November 30 of each year and cover the previous year's activities from October 1 to
September 30. 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 Stonmwater 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 adequ tely describe and justify any proposed changes to the
Stormwater Plan. This shall include descriptions and supporting information for
the proposed changes and show these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee shall do Tent 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 providI a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary shall include, but is not
lirnited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page 1 of 2
Permit No. NCS000454
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 pen -nit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the pennittee's Stormwater Plan.
Part III Page 2 of 2
Permit No. NCS000454
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2, Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stonriwater 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 his a duly authorized representative only if:
(1) 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/stommwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a do Iument 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
infonnation submitted is,I 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. NCS000454
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 or information collected;
(b) The individual(s) who performed 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 that may constitute an 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. NCS000454
PART V STANDARD CONDITYONS
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
pen -nit termination, revocation'and reissuance, or modification; or denial of pennit
coverage upon renewal application.
l
(a) The pennittee 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 land 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 wholknowingly 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 I1 violations
Parts V Page 1 of 6
Permit No. NCS000454
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 that 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 permitter 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 pen -nit,
shall not be affected thereby.
Parts V Page 2 of 6
Pen -nit No. NCS000454
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 pennittee 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, punishments is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
4. 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 pen -nit may be modified, revoked and reissued, or tenninatcd for cause. The
notification of planned changes or anticipated noncompliance does not stay any pen -nit
condition.
Parts V Page 3 of 6
Permit No. NCS000454
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The pennittee 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 penmittee 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 pennittee in an enforcement action that it would have been
necessary to halt or reduce the pennitted activity in order to maintain compliance with the
condition of this pen -nit.
Parts V Page 4 of 6
Permit No. NCS000454
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 stonnwater
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
stonnwater 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 pen -nit 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 1431 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 lAct, 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 Ireporting 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 pennittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as alrepresentative 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 storn sewer system receiving the
discharge, upon the presentation Hof 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 pen -nit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Parts V Page 5 of 6
Permit No. NCS000454
(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 pen -nit
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 Page 6 of 6
Permit No. NCS000454
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.
Parts VI Page 1
of 1
Permit No. NCS000454
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 tirncly manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Parts VII Page I of I
Permit No. NCS000454
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMPj
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the fonn of a process, activity,
physical structure or planning (see non-structural BMP).
3. Built -upon Area
That portion of a development prl ject that is covered by impervious or partially
impervious surface including, butt 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 per iious 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 V111 Page l of 4
Permit No, NCSO00454
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWQ)
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 pennit), 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 VIII Page 2 of 4
Permit No. NCS000454
14.
Pursuant to 40 CFR 122.26(b)(8)I 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, stonnwater, 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 coll cting 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 Cate g ories
The following are categories of non-stormwater discharges that the pern-►ittee 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 VIII Page 3 of 4
Permit No. NCSO00454
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
stonnwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stonnwater control than 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. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 3O7(a)(1) of the Clean Water Act.
Parts VIII Page 4 of 4
1�
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Michael F. Easley, Governor
June 7, 2007
Lynda M. Paxton, Mayor
Town of Stallings
POB 4060
Stallings, North Carolina 28106
Natural Resources
'Rjll;arn, , Ross, Jr,, Sect tary
MOORE5Coleen, li: Sullinrs` ai��'it(;
Ff
JUN 1 4 2007
6
WATER QUALITY SECTIN
Subject: NPDES Permit Number NCS000454
Town of Stallings
Dear Ms. Paxton:
In accordance with the Environmental Management Commission's (EMC) Final
Agency Decision of March 7, 2007, the Division is forwarding herewith your revised
NPDES Phase II stormwater permit, number NCS000454. The revised permit includes
new provisions for the Goose Creek watershed, in accordance with the agency decision.
Persons wishing to comment were invited to submit their comments in writing to
DWQ no later than May 4, 2007. All comments received prior to that date were
considered in the final determination regarding permit issuance.
Our office received comments recommending more stringent stormwater controls,
and other comments recommending less stringent stormwater controls. Our office also
received numerous letters requesting a hearing on the permit requirements for the Goose
Creek watershed. The Goose Creek watershed area has been under significant review
over the last few years related to the protection of areas that support a federally listed
and endangered species -- the Carolina heelsplitter mussel. Further, Goose Creek is
subject to an EPA approved TMDL for fecal coliform. In 2005, federally mandated
stormwater discharge permits were issued for a number of local governments in the
Goose Creek watershed. Environmental interest groups challenged the permits to three
communities in the watershed and contended that they were not protective of the
Carolina heelsplitter or its habitat. In review of this challenge an Administrative Law
Judge and the EMC have set specific management strategies to be implemented in the
Goose Creek watershed while a Site Specific Management Strategy is under
development.
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.state.nc.us
An Equal Opportunity/Atiirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Natuinllff
Ms. Lynda M. Paxton, Mayor
Page 2 of 2
June 7, 2007
The EMC is currently reviewing this site -specific strategy for protection of the
species and its habitat in the Goose Creek watershed area. The development of this
Strategy is in accordance with the FMC's rules and is itself a rulemaking procedure. The
Site -Specific Management Strategy process will include a public comment period,
including a public hearing in the watershed area. Because this process is under way and
will result in a comprehensive strategy for the long-term protection ultimately required in
the watershed, we feel that this is the appropriate venue for a public hearing on the
issues of concern in the watershed area.
Copies of the Final Agency Decision and public comments are available by
contacting:
Ken Pickle
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 584
Ken.pickle@ncmai1.net
The revisions do not change the effective date of the original issuance. If your
staff should have any questions about these revisions, please contact Ken Pickle.
Sincerely,
x�'
Coleen H. Sullins, Director
cc:
North Carolina Wildlife Resources Commission
Peter J. McGrath Jr., Moore & Van Allen PLLC
DWQ Central files
Stormwater-Permitting Unit file NCS000454
DWQ Mooresville Regional Office`,
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000454
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,
Town of Stallings
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stallings Jurisdictional Area
Union County
to receiving waters North Fork Crooked Creek, South Fork Crooked Creek, Goose Creek, West
Fork Twelvemile Creek, and unnamed tributaries to them, all within the Catawba River and
Yadkin -Pee Dee River basins in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, 11, 11I, IV, V, VI, VII, and VIII hereof.
This pen -nit is effective October 1, 2005, and as amended on June 7, 2007.
This permit and the authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day June 7, 2007.
�'o r
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART lI 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 1V 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 VII[ DEFINITIONS
Permit No. NCS000454
PART I PERMIT COVERAGE .
During the period beginning on the effective date of the pen -nit and lasting until
expiration, the Town of Stallings is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters North Fork Crooked
Creek, South Fork Crooked Creek, Goose Creek, West Fork Twelvemile Creek and
unnamed tributaries to them, all within the Catawba River and Yadkin -Pee Dee River
basins. Such discharge shall be controlled, limited and monitored in accordance with the
permittee's Comprehensive Stonnwater Management Program Report, herein referred to
as the Stormwater Plan, The Stormwater Plan includes components of the permittec's
Phase 11 Municipal NPDES Stormwater Permit Application, Comprehensive Stormwater
Management Program Report, and any approved modifications.
2. All discharges authorized herein shall be managed in accordance with the terns and
conditions of this permit. Any other point source discharge to surface waters of the state
is prohibited unless it is an allowable non-stonnwater discharge or is covered by another
permit, authorization, or approval.
3. This pen -nit 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 penmittee. Agreements for
coverage under this permit must be approved by the Division of Water Quality, herein
referred to as the Division.
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 Stonnwater 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 1 Page 1 of 2
Permit No. NCSO00454
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 shall 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.
The pen -nit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stonmwater 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) Detennined 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 groundwatcrs;
• 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. NCS000454
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 mechanisms, such 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 ordinances and legal authorities and shall pursue these
authorities 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 maximurn 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 pennittee 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 perfonnance of the various management measures that are a part
of the Stormwater Plan. This shall include 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 Stonmwater Plan and in accordance with this permit.
The permittee shall implement a 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part 11 Page 1 of 12
Pen -nit No. NCS000454
9. The pennittee 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 pen -nit modifications must be submitted to the Director for approval.
11. If the pen-nitted MS4 becomes subject to an approved TMDL, and following notice of
such by the Division, the permittee shall implement a TMDL Water Quality Recovery
Program. The following additional requirements apply.
(a) Within two years after receiving the Division's notice that the pennittee is subject
to a TMDL, the permittee shall establish a TMDL Water Quality Recovery
Program and shall identify the locations of all currently known MS4 outfalls
within its jurisdictional area with the potential of discharging the pollutants) of
concern: to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The
pennittee shall also develop a schedule to discover and locate all other MS4
outfalls within its jurisdictional area that may be discharging the pollutant(s) of
concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall develop a monitoring plan for each pollutant of
concern. The monitoring plan shall include the sample location by verbal
description and latitude and longitude coordinates, sample type, frequency, any
seasonal considerations, and a monitoring implementation schedule for each
pollutant of concern. Where appropriate, the permittee may reduce the monitoring
burden by proposing to monitor outfalls that the Division would consider
substantially similar to other outfalls. The permittee may also propose in -stream
monitoring where it would complement the overall monitoring plan. The
monitoring plan shall be adjusted as additional outfalls are identified in
accordance with the schedule required in (a) above and as accumulating data may
suggest.
(c) The permittee shall include the location of all currently known MS4 outfalls with
the potential of discharging the pollutant(s) of concern, the schedule for
discovering and locating currently unknown MS4 outfalls with the potential of
discharging the pollutant(s) of concern, and the monitoring plan, (all as required
in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program)
in the first Stormwater Plan annual report due no earlier than two years after the
Division's initial notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Plan annual report shall include an
assessment of the available data for each pollutant. of concern, and an assessment
of the effectiveness of the BMPs employed, to detennine what, if any, additional
BMP measures may be necessary to return the impaired segments to compliance
with state water quality standards. The pennittee shall implement appropriate
Part I1Page 2of12
Pen -nit No. NCS000454
BMPs to control the pollutant(s) of concern to the maximum extent practicable.
Implementation of the appropriate best management practices constitutes
compliance with the standard of reducing pollutants to the maximum extent
practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality
Recovery Program into the Stonnwater Plan.
The pennittee can identify the impaired stream segments in the MS4 jurisdictional area
by referencing the 2004 Integrated 305(b) and 303(d) Report (or current version),
available on the website of the Division of Water Quality Modeling and TMDL Unit.
12. Pursuant to Section A paragraph 11 of this Part, the permittee shall establish a TMDL
Water Quality Recovery Program on or before July 1, 2008, to comply with the pollutant
load limitations for the EPA approved TMDL for the Goose Creek watershed.
13. Municipalities shall incorporate in their Stormwater Plan site -specific stormwater
management requirements for streams supporting federally-]isted threatened and
endangered aquatic animal species required by site -specific management plans and
schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide
habitat for federally -listed aquatic animal species that are listed as threatened or
endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service
under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the,water quality conditions,
required to sustain and recover federally listed threatened and endangered aquatic animal
species, contributes to the support and maintenance of a balanced and indigenous
community of aquatic organisms and thereby protects the biological integrity of the
waters.
Part II Page 3 of 12
Permit No. NCS000454
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 storrriwater
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.
'r-BMPr�
fcti @r .»y -y a„ -a- .. 5.
11v` Y Me�asurable,Goals t'
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R�
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i
YR�YR
IN ��,
(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
X
X
X
site, Post newsletter articles on
stormwater, information on water quality,
stonnwater 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 to appropriate target groups likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials,
the permittee may rely on state -supplied
Public Education and Outreach materials,
as available, when implementing its own
program.
(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, at the library and at special
events.
Part IIPage 4of12
Permit No. NCS000454
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.
BMP A
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YRT=
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2,V
314
;=n �.�
�1
;,.
(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
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
X
Advisory Panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
Part 11 Page 5 of 12
Permit No. NCS000454
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 Enay
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
-r-
W
''ii. .rdz3'�NCYn ^.rn'�1 7'i.3"i' i:',4 '': _
,' NieasurableGoals
'Kx
YR
nYRp
x
YRR
QAM
(a) Develop/implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for prograrn
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a store
Identify outfall locations and map
X
X
X
sewer system base
storrrrwater 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
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 Pro am.
Part II Page 6 of 12
Permit No. NCS000454
lA {,�4
�.�
N'aU•daJf' 1(., t p4sy-�.F yi1--Y i+'- 'S4 :A L3
r Measurable�;Goals
�
,x�
wr�w4.nMi:
�r
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Infonn 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
reporting mechanism
mechanism for the public to report illicit
discharges.
Part I] Page 7 of 12
Permit No. NCS000454
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
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.
(e) 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 relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program meets the
requirements of the Construction Site Runoff Controls by pennitting and controlling
development 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. This 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, and procedures for site
inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Part I, Section A, Paragraphs 3, 4, 5, and 6, 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. The permittee may implement a
plan promoting the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 8 of 12
Permit No. NCS000454
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development and 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 permittce 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.
BMP °�
C�' _,sa J,Measurable�Coals� ".�;��`Ft
akYR�
YR�
t YR;
tYR'YR
r'�_�,t�
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5;'
~
+3:.
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter the
runoff from new development and
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
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require 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
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 1IPage 9of12
Permit No. NCS000454
3. The evaluation of Post -construction Site Runoff Controls Program measures
(a) Those areas within the jurisdictional area of the pennittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stonnwater 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 pennittee'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 1-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);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
Part II Page 10 of 12
Pen -nit No. NCS000454
(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.
4. Federally Listed Endangered Species
For those portions of the Goose Creek watershed present within the perinittee's local jurisdiction:
(a) The pennittee shall maintain two -hundred foot undisturbed buffers on perennial
streams; one -hundred foot undisturbed buffers on intermittent streams; and a ten
percent impervious surface threshold for engineered stonnwater management
controls in the interim period until the comprehensive plan for the protection of
the Carolina heelsplitter in the Goose Creek watershed is adopted; or
(b) The permitter shall comply with the conditions and management measures of the
site -specific comprehensive plan for protection of the Carolina heelsplitter in the
Goose Creek watershed when adopted by the Environmental Management
Commission.
(c) Exceptions can be granted as provided in Session Law 2006-246.
Part 11 Page 11 of 12
Permit No. NCS000454
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 and maintenance
activities.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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Develop an inventory of all facilities and
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BMPs. Inspect 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
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pollution prevention and good
housekeeping procedures.
Part II Page 12 of 12
Permit No. NCS000454
PART III PROGRAM ASSESSMENT
1. Implementation of the Stonnwater 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 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 pennittee's Stonnwater 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
infonnation to the Division on an annual basis. This information shall be submitted by
November 30 of each year and cover the previous year's activities from October 1 to
September 30. The pernittee's reporting shall include appropriate information to
accurately describe the progress, status, and results of the pennittee's Stonnwater Plan
and shall include, but is not limited to, the following components:
(a) The pennittee shall give a detailed description of the status of implementation of
the Stonnwater 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 pennittee shall adequately describe and justify any proposed changes to the
Stormwater Plan. This shall include descriptions and supporting infonnation for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The pennittee shall document any necessary changes to programs or practices for
assessment of management measures implemented through the Stonnwater 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 pennittee shall provide infonnation 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 pennittee shall provide a summary of activities undertaken as part of the
Stonnwater Plan throughout the year. This summary shall include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part Ili Page. 1 of 2
Permit No. NCS000454
review of the stone sewer system, education, training, and results of the illicit
discharge detection and elimination program.
3. The Director may notify the pennittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the pennittee
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 pennittee 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 pennittee's Stormwater Plan.
Part III Page 2 of 2
Permit No. NCS000454
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a.period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
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-
(1) 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
(ill) 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. 1 am aware that there are significant penalties for submitting false
information, including the possibility of fines and impris6nment for knowing
violations."
Part IV Page 1 of 2
Permit No. NCS000454
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 or information collected;
(b) The individual(s) who performed 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 that may constitute an 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 perrnittee'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. NCS000454
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1, Duty to Comply
The pennittee 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 pen -nit
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 pen -nit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a pen -nit 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 pen -nit 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 pennit 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 teens, conditions, or requirements of a
pen -nit. [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 pen -nit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Parts V Page 1 of 6
Permit No. NCS000454
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 that 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 Page 2 of 6
Pen -nit No. NCS000454
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any infonnation
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 perm' ittee shall also furnish to the Director
upon request, copies of records required to be kept by this pen -nit.
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 tine 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 tenninated for cause. The
notification of planned changes or anticipated noncompliance does not stay any pen -nit
condition.
Parts V Page 3 of 6
Permit No. NCS000454
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 pen -nit.,
Parts V Page 4 of 6
Permit No. NCS000454
SECTION C: MONITORING AND RECORDS
Representative Sampling
When required herein, stonnwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be perfonned during a representative stone event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stonnwater 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 pennittee 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 stone sewer system, an authorized
representative of a municipal operator or the separate stonn sewer system receiving time
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) . Enter upon the pennittee'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 pen -nit;
Parts V Page 5 of 6
Permit No. NCS000454
(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 pen -nit
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 Page 6 of 6
Pen -nit No. NCS000454
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the .
pennit, 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,Vl Page 1 of 1
Permit No. NCS000454
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 VII Page 1 of I
Pen -nit No. NCS000454
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, pen -nit 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 Vlll Page 1 of 4
Permit No. NCSO00454
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
S. 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.
1.1. 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 pennit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activit
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Parts V1II Page 2 of 4
Permit No. NCS000454
14. Municipal Separate Storm Sewer System (MSS
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 stone drains):
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 Dischar e Categories
The following are categories of non-ston -nwater 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 VII1 Page 3 of 4
Permit No. NCS000454
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;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than 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. Total Maximum Daily Load TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Parts VIII Page 4 of 4
r
"_ a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
September 7, 2005
Lucy Drake
Mayor, Town of Stallings
P.O. Box 4060
Stallings, North Carolina 28106
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NPDES Permit Number NCS000454
Union County, Town of Stallings
Dear Ms. Drake:
In accordance with your application for a stormwater discharge permit received on
March 28, 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 .1 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:
http://h2o.enr.state.nc.us/su/NPDES_ Phase_ IIStormwater_Program.htm
Pursuant to Part 11, Section A of the subject permit, Municipalities shall incorporate
in their Stormwater Management Plan site -specific stormwater management requirements for
streams supporting federally -listed threatened and endangered aquatic animal species
required by site -specific management plans and schedules developed under provisions of
15A NCAC 2B .0110. Certain waters provide habitat for federally -listed aquatic animal
species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or
National Marine Fisheries Service under the provisions of the Endangered Species Act, 16
U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water
quality conditions, required to sustain and recover federally listed threatened and endangered
aquatic animal species, contributes to the support and maintenance of a balanced and
indigenous community of aquatic organisms and thereby protects the biological integrity of
the waters.
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,state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarolina
;Uffrally
As a result of comments received during the comment period, DWQ revised the
TMDL language for communities that are or may be subject to TMDLs during the term of
their permit. The revisions were editorial in nature and necessary to clarify the additional
requirements a community would be subject to if 1) the permitted MS4 is or becomes subject
to an approved TMDL, and 2) following notice of such by the Division.
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 Environmental Management 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
DWQ Mooresville Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000454
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,
Town of Stallings
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stallings Jurisdictional Area
Union County
to receiving waters North Fork Crooked Creek, South Fork Crooked Creek, Goose Creek, West
Fork Twelvemile Creek, and unnamed tributaries to them, all within the Catawba River and
Yadkin -Pee Dee River basins in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I; II, III, IV, V, V1, VII, and VIII hereof.
This permit shall become effective October 1, 2005.
This permit and the authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day September 7, 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 It 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. NCS000454
PART I PERMIT COVERAGE
1. During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Stallings is authorized to discharge stormwater from the
municipal separate storm sewer system (M.S4) to receiving waters North Fork Crooked
Creek, South Fork Crooked Creek, Goose Creek, West Fork Twelvemile Creek and
unnamed tributaries to them, all within the Catawba River and Yadkin -Pee Dee River
basins. 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 II 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 revolve 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. NCS000454
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 shall 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 (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. NCS000454
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:
1. The permittee shall develop and maintain adequate legal mechanisms, such 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 ordinances and legal authorities and shall pursue these
authorities 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 various management measures that are a part
of the Stormwater Plan. This shall include 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 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part U Page 1 of 12
Permit No. NCS000454
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 must be submitted to the Director for approval.
i 1. If the permitted MS4 becomes subject to an approved TMDL, and following notice of
such by the Division, the permittee shall implement a TMDL Water Quality Recovery
Program. The following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall establish a TMDL Water Quality Recovery
Program and shall identify the locations of all currently known MS4 outfalls
within its jurisdictional area with the potential of discharging the pollutant(s) of
concern: to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The
permittee shall also develop a schedule to discover and locate all other MS4
outfalls within its jurisdictional area that may be discharging the pollutant(s) of
concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall develop a monitoring plan for each pollutant of
concern. The monitoring plan shall include the sample location by verbal
description and latitude and longitude coordinates, sample type, frequency, any
seasonal considerations, and a monitoring implementation schedule for each
pollutant of concern. Where appropriate, the permittee may reduce the monitoring
burden by proposing to monitor outfalls that the Division would consider
substantially similar to other outfalls. The permittee may also propose in -stream
monitoring where it would complement the overall monitoring plan. The
monitoring plan shall be adjusted as additional outfalls are identified in
accordance with the schedule required in (a) above and as accumulating data may
suggest.
(c) The permittee shall include the'location of all currently known MS4 outfalls with
the potential of discharging the pollutant(s) of concern, the schedule for
discovering and locating currently unknown MS4 outfalls with the potential of
discharging the pollutant(s) of concern, and the monitoring plan, (all as required
in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program)
in the first Stormwater Plan annual report due no earlier than two years after the
Division's initial notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Plan annual report shall include an
assessment of the available data for each pollutant of concern, and an assessment
of the effectiveness of the BMPs employed, to determine what, if any, additional
BMP measures may be necessary to return the impaired segments to compliance
Part H Page 2 of 12
Permit No. NCS000454
with state water quality standards. The permittee shalt implement appropriate
BMPs to control the pollutant(s) of concern to the maximum extent practicable.
Implementation of the appropriate best management practices constitutes
compliance with the standard of reducing pollutants to the maximum extent
practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality
Recovery Program into the Stormwater Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area
by referencing the 2004 Integrated 305(b) and 303(d) Report (or current version),
available on the website of the Division of Water Quality Modeling and TMDL Unit.
12. Municipalities shall incorporate in their Stormwater Plan site -specific stormwater
management requirements for streams supporting federally -listed threatened and
endangered aquatic animal species required by site -specific management plans and
.schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide
habitat for federally -listed aquatic animal species that are listed as threatened or
endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service
under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the water quality conditions,
required to sustain and recover federally listed threatened and endangered aquatic animal
species, contributes to the support and maintenance of a balanced and indigenous
community of aquatic organisms and thereby protects the biological integrity of the
waters.
Part It Page 3 of 12
Permit No. NCS000454
SECTION B: PUBLIC EDUCATION AND OUTREACH
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.
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Develop a public education program and
X
X
X
X
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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
X
X
X
site. Post newsletter articles on
stormwater, information on water quality,
stormwater projects and activities, and
ways to contact stormwater management
ra ram staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials,
the permittee may rely on state -supplied
Public Education and Outreach materials,
as available, when implementing its own
program.
(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, at the library and at special
events.
Part II Page 4 of 12
Permit No. NCS000454
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
I. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
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(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 implerent a volunteer
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
X
Advisory Panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
Part 11 Page 5 of 12
Permit No. NCS000454
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
L. 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. BMWs 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
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Develop and implement an Illicit
X
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
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
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
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 It Page 6 of 12
Permit No. NCS000454
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(e) Conduct employee
Conduct training for municipal staff on
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 7 of 12
Permit No. NCS000454
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. BNIPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program meets the
requirements of the Construction Site Runoff Controls by permitting and controlling
development 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. This 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, and procedures for site
inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG1.0000), specifically Part I, Section A, Paragraphs 3, 4, 5, and 6, 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. The permittee may implement a
plan promoting the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part 11 Page 8 of 12
Permit No. NCS000454
SECTION F: POS'T-CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development and redevelopment that drains
to the MS4 and disturbs an acre or more of land surface, including projects less
than an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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Develop, adopt by ordinance (or similar
X
X
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X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter the
runoff from new development and
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
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require 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 col iform to the
X
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 I1. Page 9 of 12
Permit No. NCS000454
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 1-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);
(D)All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
Part it Page 10 of 12
Permit No. NCS000454
(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 11 Page 1 1 of 12
Permit No. NCS000454
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 and maintenance
activities.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) I.nspection and
Develop an inventory of all facilities and
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect 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
pollution prevention and good
housekeeping procedures.
Part 11 Page 12 of 12
Permit No. NCS000454
PART III PROGRAM ASSESSMENT
1. 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 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
November 30 of each year and cover the previous year's activities from October I to
September 30. 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,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page 1 of 2
Permit No. NCS000454
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 2 of 2
Permit No. NCS000454
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
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:
(1) 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
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page I of 2
Permit No. NCS000454
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 or information collected;
(b) The individual(s) who performed 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 that may constitute an 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 IH 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 N Page 2 of 2
Permit No. NCS000454
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 11 violations
Parts V Page 1 of 6
Permit No. NCS000454
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 that 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, 143-215.6B, 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 Page 2 of 6
Permit No. NCS000454
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 Page 3 of 6
Permit No. NCS000454
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times property 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 Page 4 of 6
Permit No. NCS000454
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 Page 5 of 6
Permit No. NCS000454
(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 Page 6 of 6
Permit No. NCS000454
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 Iaws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2I 1.0100; and North Carolina General
Statute 143-215.1 et. al.
Parts VI Page 1 of 1
Permit No. NCS000454
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 V11 Page 1 of 1
Permit No. NCS000454
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 LH Page 1 of 4
Permit No. NCS000454
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 VM Page 2 of 4
Permit No. NCS000454
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):
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 VM Page 3 of 4
Permit No. NCS000454.
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 maybe discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than 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. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Parts V1Il Page 4 of 4
RdbENR Fq-, UEPT. OF EKVlROA!!
AND NATURAL RESOURCES
North Carolina Department of Environment and Natra-ul:Resources;AL OFFICE
Michael F. Easley, Governor
Lucy Drake
Mayor, Town of Stallings
P.O. Box 4060
Stallings, North Carolina 28106
Dear Ms. Drake:
Division of Water Quality " °` '""_
�•. }?
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
September 7, 2005 1 SEP 0 8 200:i
1' ; .x
RATER QUAM SEM N
Subject: NPDES Permit Number NCS000454
Union County, Town of Stallings
In accordance with your application for a stormwater discharge permit received on
March 28, 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 .1 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:
htti)://h2o.enr.state.nc.us/su/NPDES Phase II Stormwater Program.htm
Pursuant to Part 11, Section A of the subject permit, Municipalities shall incorporate
in their Stormwater Management Plan site -specific stormwater management requirements for
streams supporting federally -listed threatened and endangered aquatic animal species
required by site -specific management plans and schedules developed under provisions of
15A NCAC 2B .0110. Certain waters provide habitat for federally -listed aquatic animal
species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or
National Marine Fisheries Service under the provisions of the Endangered Species Act, 16
U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water
quality conditions, required to sustain and recover federally listed threatened and endangered
aquatic animal species, contributes to the support and maintenance of a balanced and
indigenous community of aquatic organisms and thereby protects the biological integrity of
the waters.
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.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarofina
Natmrallff
As a result of comments received during the comment period, DWQ revised the
TMDL language for communities that are or may be subject to TMDLs during the term of
their permit. The revisions were editorial in nature and necessary to clarify the additional
requirements a community would be subject to if 1) the permitted MS4 is or becomes subject
to an approved TMDL, and 2) following notice of such by the Division.
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 Environmental Management 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 gign33-5083 ext. 584.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
DWQ Central Files
Stormwater Permitting Unit Files
DWQ Mooresville Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000454
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,
Town of Stallings
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stallings Jurisdictional Area
Union County
to receiving waters North Fork Crooked Creek, South Fork Crooked Creek, Goose Creek, West
Fork Twelvemile Creek, and unnamed tributaries to them, all within the Catawba River and
Yadkin -Pee Dee River basins in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VH, and VI11 hereof.
This permit shall become effective October 1, 2005.
This permit and the authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day September 7, 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 ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
Permit No. NCS000454
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Stallings is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters North Fork Crooked
Creek, South Fork Crooked Creek, Goose Creek, West Fork Twelvemile Creek and
unnamed tributaries to them, all within the Catawba River and Yadkin -Pee Dee River
basins. 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 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 protectwater 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. NCS000454
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 shall 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 (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. NCS000454
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 mechanisms, such 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 ordinances and legal authorities and shall pursue these
authorities 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 various management measures that are a part
of the Stormwater Plan. This shall include 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 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 shall include provisions for long-
term operation and maintenance of BMPs.
Part II Page 1 of 12
Permit No. NCS000454
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 must be submitted to the Director for approval.
11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of
such by the Division, the permittee shall implement a TMDL Water Quality Recovery
Program. The following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall establish a TMDL Water Quality Recovery
Program and shall identify the locations of all currently known MS4 outfalls
within its jurisdictional area with the potential of discharging the pollutant(s) of
concern: to the impaired segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments. The
permittee shall also develop a schedule to discover and locate all other MS4
outfalls within its jurisdictional area that may be discharging the pollutant(s) of
concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject
to a TMDL, the permittee shall develop a monitoring plan for each pollutant of
concern. The monitoring plan shall include the sample location by verbal
description and latitude and longitude coordinates, sample type, frequency, any
seasonal considerations, and a monitoring implementation schedule for each
pollutant of concern. Where appropriate, the permittee may reduce the monitoring
burden by proposing to monitor outfalls that the Division would consider
substantially similar to other outfalls. The permittee may also propose in -stream
monitoring where it would complement the overall monitoring plan. The
monitoring plan shall be adjusted as additional outfalls are identified in
accordance with the schedule required in (a) above and as accumulating data may
suggest.
(c) The permittee shall include the'location of all currently known MS4 outfalls with
the potential of discharging the pollutant(s) of concern, the schedule for
discovering and locating currently unknown MS4 outfalls with the potential of
discharging the pollutant(s) of concern, and the monitoring plan, (all as required
in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program)
in the first Stormwater Plan annual report due no earlier than two years after the
Division's initial notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Plan annual report shall include an
assessment of the available data for each pollutant of concern, and an assessment
of the effectiveness of the BMWs employed, to determine what, if any, additional
BMP measures may be necessary to return the impaired segments to compliance
Part H Page 2 of 12
Permit No. NCS000454
with state water quality standards. The permittee shall implement appropriate
BMPs to control the pollutant(s) of concern to the maximum extent practicable.
Implementation of the appropriate best management practices constitutes
compliance with the standard of reducing pollutants to the maximum extent
practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality
Recovery Program into the Stormwater Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area
by referencing the 2004 Integrated 305(b)_and 303(d) Report (or current version),
available on the website of the Division of Water Quality Modeling and TMDL Unit.
12. Municipalities shall incorporate in their Stormwater Plan site -specific stormwater
management requirements for streams supporting federally -listed threatened and
endangered aquatic animal species required by site -specific management plans and
.schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide
habitat for federally -listed aquatic animal species that are listed as threatened or
endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service
under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications. Maintenance and recovery of the water quality conditions,
required to sustain and recover federally listed threatened and endangered aquatic animal
species, contributes to the support and maintenance of a balanced and indigenous
community of aquatic organisms and thereby protects the biological integrity of the
waters.
Part 11 Page 3 of 12
Permit No. NCS000454
SECTION B: PUBLIC EDUCATION AND OUTREACH
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.
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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
X
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 to appropriate target groups likely
homeowners, and/or
to have a significant stormwater impact.
businesses
Instead of developing its own materials,
the permittee may rely on state -supplied
Public Education and Outreach materials,
as available, when implementing its own
program.
(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, at the library and at special
events.
Part II Page 4 of 12
Permit No. NCS000454
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
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Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
X
X
X
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
community
stormwater related program designed to
involvement 2rogram
promote ongoing citizen participation.
(d) Establish a Citizens
Establish a citizens advisory panel to
X
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 5 of 12
Pen -nit No. NCS000454
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. BMWs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
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Develop and implement an Illicit
X
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
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
sewer system base
stormwater drainage. system components.
map
At a minimum, mapping components
include outfalls, drainage areas, and
receivin.g streams.
(d) Implement illicit
Implement an inspection program to
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 H Page 6 of 12
Permit No. NCS000454
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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
reporting mechanism
mechanism for the public to report illicit
dischar es.
Part 11 Page 7 of 12
Permit No. NCS000454
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 relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program meets the
requirements of the Construction Site Runoff Controls by permitting and controlling
development 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. This 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, and procedures for site
inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Part 1, Section A, Paragraphs 3, 4, 5, and 6, 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. The permittee may implement a
plan promoting the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 8 of 12
Permit No. NCS000454
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development and redevelopment that drains
to the MS4 and disturbs an acre or more of land surface, including projects less
than an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long-term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
construction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
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Develop, adopt by ordinance (or similar
X
X
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter the
runoff from new development and
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
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a mechanism
MS4
to require 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
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 It Page 9 of 12
Permit No. NCS000454
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 1-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 .10O8(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
Part 11 Page 10 of 12
Permit No. NCS000454
(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 11 of 12
Permit No. NCS000454
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 and maintenance
activities.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
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
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect 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
pollution prevention and good
housekeeping procedures.
Part I1 Page 12 of 12
Permit No. NCS000454
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 BIvIPs, 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
November 30 of each year and cover the previous year's activities from October 1 to
September 30. 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,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page 1 of 2
Permit No. NCS000454
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.
Pan MPage2of2
Permit No. NCS000454
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
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
information, including the possibility of fines and imprisonment for knowing
violations."
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Permit No. NCS000454
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 or information collected;
(b) The individual(s) who performed 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 that may constitute an 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.
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Permit No. NCS000454
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 US 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
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Permit No. NCS000454
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 H 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 that 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, 143-215.6B, 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.
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Permit No. NCS000454
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
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Permit No. NCS000454
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.
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Permit No. NCS000454
SECTION C: MONITORING AND RECORDS
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 I43-215.63 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 Ievels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
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Permit No. NCS000454
(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.
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Permit No. NCS000454
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.
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Permit No. NCS000454
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.
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Permit No. NCS000454
PART VIII DEI+INITIONS
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.
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Permit No. NCS000454
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
S. 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.
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Permit No. NCS000454
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).
t6. 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
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Permit No. NCS000454
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;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than 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. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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