NPDES MS4 Permitting Program UpdateOctober 2019

2

Department of Environmental Quality

Presentation Overview

v The year in reviewv Compliance initiative statusvMS4 permit renewal processv Resources

3

Department of Environmental Quality

MS4 Program FY18-19 Accomplishments

Before you can get your ducks in a row,you have to get your head above water.

GOAL 1: AN EFFICIENT & SUSTAINABLE MS4 PROGRAM

ü Internal program review

ü Restructured / leveraged resources

ü Standardized processes

ü Trained staff

ü Modernized web page

ü Digitized permit filesImage by 123rf.com

4

Department of Environmental Quality

Before you can get your ducks in a row,you have to get your ducks in the same pond.

MS4 Program FY18-19 Accomplishments

GOAL 2: CONSISTENT & COMPLIANT MS4 PROGRAMS

ü Statewide workshops

ü Audit schedule

ü MS4 Toolbox

o Audit Template

o Phase II Permit Template

o Stormwater Management Plan (SWMP)Template & Instructions

o MS4 Permit Renewal Application

Image by Kicko

5

Department of Environmental Quality

GOAL 3: COMPLIANCE NOT ENFORCEMENT

MS4 Program Compliance Initiative

Image by nbc16

6

Components of an MS4 Compliance Audit

Specific MS4 Program components are audited forcompliance with the Permit & SWMP:

• Program Administration - always evaluated

• Six Minimum Control Measures - some or all evaluated

• TMDLs - may be evaluated if applicable

7

Components of an MS4 Compliance Audit

Six Minimum Control Measures - some or all evaluated

o Public Education & Outreach

o Public Involvement & Participation

o Illicit Discharge Detection & Elimination (IDDE)

o Construction Site Runoff Controls (delegated ESCprograms only)

o Post-Construction Site Runoff Controls (PC)

o Pollution Prevention & Good Housekeeping forMunicipal Operations (PP/GH)

8

Department of Environmental Quality

MS4 Audit Structure

Office Interview

• Program implementation questions & documentation review

Site Visits

• MS4 industrial facility inspections

• Construction site inspections (delegated ESC programs only)

• Evaluates how MS4 program is run, not if sites are in compliance

Closing Conference

• Preliminary summary of identified issues

• Request for additional documentation

9

Department of Environmental Quality

Potential MS4 Audit Outcomes

Notice of Compliance (NOC) Notice of Deficiency (NOD) Notice of Violation (NOV)

Image by Redbubble

10

Department of Environmental Quality

Notice of Compliance (NOC)

The NOC requires the permittee to do 2 things:

1. Submit a Draft SWMP (120 days)

2. Submit a permit renewal application once DEMLR & MS4 concur on the DraftSWMP (30 days)

11

Department of Environmental Quality

Notice of Deficiency (NOD)

The NOD is a NOC + 2 additional things:

1. Submit a written response to the Notice (30 days)

2. Conduct a self-audit (120 days)

3. Submit a Draft SWMP (120 days)

4. Submit a permit renewal application once DEMLR & MS4 concur on the DraftSWMP(30 days)

12

Department of Environmental Quality

Notice of Deficiency (NOD) Timeline

Receiptof NOD

30

Submit WrittenResponse to

NOD

120

SubmitSelf-Audit &Draft SWMP

SubmitPermit

Application &Draft SWMP

DAYS

WrittenConcurrence

on DraftSWMP

30MS4

DEMLR

13

Department of Environmental Quality

Notice of Violation (NOV)

The NOV is a NOD + 1 more thing:

1. Submit a written response to the Notice (30 days)

2. Adopt a Council Resolution demonstrating support for a compliant stormwaterprogram (60 days)

3. Conduct a self-audit of the MCMs that weren’t audited (120 days)

4. Submit a Draft SWMP (120 days)

5. Submit an NPDES MS4 permit application once DEMLR & MS4 concur on the DraftSWMP (30 days)

14

Department of Environmental Quality

Notice of Violation (NOV) Timeline

Receiptof NOV

30

SubmitWritten

Responseto NOV

60

SubmitCouncil

Resolution

120

DAYS

30

SubmitSelf-Audit &Draft SWMP

SubmitPermit

Application &Draft SWMP

WrittenConcurrence

on DraftSWMP

MS4

DEMLR

15

Permit Renewal Process

16

Department of Environmental Quality

• Audited 23 MS4s to date

• Auditing 8 more MS4s in 2019

• Most common compliance deficiencies:

o Required documentation

o MS4 mapping

o Reactive rather than proactive IDDE

o Housekeeping at municipal facilities

MS4 Program Compliance Initiative – Current Status

Image by Summit Daily

17

Department of Environmental Quality

MS4 Audit Outcomes – Current Status

Notice of Compliance (NOC) Notice of Deficiency (NOD) Notice of Violation (NOV)

1 3 16

Image by Redbubble

PLUS 3 PENDING A DECISION ON ACTION

18

Department of Environmental Quality

Didn’t Get on the Bus?

19

What’s New in the Phase II Permit Template?

• Reformatted old permit is the baseline template

• New stuff:

20

Department of Environmental Quality

Resources: https://deq.nc.gov/sw

21

Department of Environmental Quality

Resources: NCDEQ Laserfiche Public Portal

https://edocs.deq.nc.gov/WaterResources/Welcome.aspx

ENTERPERMITNUMBERHERE

Jeanette PowellMS4 Program Coordinator

(919) 707-3620

jeanette.powell@ncdenr.govSellfy.com