Transcript North Carolina’s Stormwater Regulations How They Affect

NPDES Compliance Update
NCMA Workshop
April 1, 2015
Overview
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Tiered Enforcement/10-Day Letter
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Compliance Themes for 2014
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Central Office/Regional Office Coordination
Tiered Enforcement/10 Day Letter
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Regulatory Reform Act 2011 (SB 781)
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Establish Common Procedures for DENR
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Tiers Based on Potential Harm
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Effective February 1, 2012
DENR Established Uniform Violation
Notification Policy (i.e. Tiered Enforcement
Policy)
Tiered Enforcement/10 Day Letter
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10 Day Letter – New Statute in Budget Bill
(HB 200) – Stated Intent
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4 Stated Goals
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Opportunity for Better Understanding
Technical Assistance
Take Corrective Action
Informal Resolution of Problems
Tiered Enforcement/10 Day Letter
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Elements of New Statute (§ 143B-279.16.
Civil Penalty Assessments)
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Give Notice Prior to Civil Penalty
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10 Days Extension before Assessment
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Effective July 1, 2011
Tiered Enforcement/10 Day Letter
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Observed Benefits of Both Changes
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Improved Communication Between DWR &
Regulated Community
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Positive Feedback from ROs & Permittees
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Increased Opportunity for Creative Approaches
to Address Noncompliance
Compliance Themes for 2014
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Decreased Civil Penalties Assessments
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EPA Involvement/Mercury Issues
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eDMR
Compliance Themes for 2014
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EPA comments during 2014 visit with DENR
noted that they are concerned about NC
Enforcement trends
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DWR Management, also interested in these
trends, convened a summit of all Regional
Office supervisors and Central Office
compliance staff on October 16, 2014
Compliance Themes for 2014
Compliance Themes for 2014
Compliance Themes for 2014
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Factors Affecting CPA Reduction
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Staff Reductions
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Improved Communication
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Regionalization of Facilities
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Shift Away from Water Intensive Industries
Compliance Themes for 2014
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Quotes from staff about change in enforcement
trends:
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Coal Ash (2014)
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Addition of 10 day letter requirement
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Our job is to protect the environment whether by
issuing 1000 NOVs or 1 CPA (Civil Penalty Assessment)
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Staff said more is accomplished through talking with
people, and levels of compliance increase by working
together
Questions To Be Answered
Q. 1: How long is this guy going to talk?
Answer: Just a few more minutes
Q. 2: Am I going to get stuck in traffic?
Answer: Yes, it’s probably too late to avoid that.
Q. 3: What was the name of that girl who
sat next to me in fourth grade?
Answer: It was Rhonda. And you’re right; you don’t see that
many Rhondas these days.
Compliance Themes for 2014
EPA Involvement
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EPA’s focus is primarily on major dischargers, but will
take action on minor facilities.
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EPA has shown considerable interest in mercury
violations (most will be resolved with implementation
of the statewide TMDL in NPDES permits).
EPA continues to make use of the Quarterly Non
Compliance Report (QNCR) and the Watch List to
target NPDES facilities for enforcement action.
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Both limit and monitoring violations can place you on
EPA’s radar.
Compliance Themes for 2014
eDMR
o EPA has mandated that all facilities move to electronic
reporting of DMR data.
o A requirement for facilities to report using DWR’s eDMR
system is being placed in all permit renewals.
o eDMR is simply a conduit for reporting DMR data.
o However, eDMR has exposed deficiencies within DWR
data management and permitting processes.
o eDMR should result in better overall data quality, but
more responsibility will be in the hands of permittees.
Regional Office & Central Office
Interactions
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Regional Office Functions
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Inspections
Review Facility Data
Civil Penalty Assessments
Complaint Investigations
Outreach/Communication
Everything Else
Whatever Comes Up
Regional Office & Central Office
Interactions
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Central Office Functions
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Oversight
Consistency – Metrics, Reporting, & Guidance
Ensure Meeting Programmatic Goals &
Requirements (EPA, General Assembly, &
Management)
Provide Support
Regional Office & Central Office
Interactions
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Interactions Include
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Communication
Consultation/Interpretation
Consistency Efforts
Coordination of Action
Specific Information Requests
Summary
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Tiered Enforcement/10 Day Letter –
Working to Promote Better
Communications
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Consistent Compliance is Directly Related
with Relationships and Cooperation
Contact
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Bob Sledge – Compliance & Expedited
Permitting Unit
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Email – [email protected]
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Phone – 919-807-6398