22
NPDES MS4 Permitting Program Update October 2019
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
