NPDES Compliance Update NCMA Workshop April 1, 2015

Overview  Tiered Enforcement/10-Day Letter  Compliance Themes for 2014  Central Office/Regional Office Coordination

Tiered Enforcement/10 Day Letter  Regulatory Reform Act 2011 (SB 781) Establish Common Procedures for DENR Tiers Based on Potential Harm Effective February 1, 2012  DENR Established Uniform Violation Notification Policy (i.e. Tiered Enforcement Policy)

Tiered Enforcement/10 Day Letter  10 Day Letter – New Statute in Budget Bill (HB 200) – Stated Intent  4 Stated Goals Opportunity for Better Understanding Technical Assistance Take Corrective Action Informal Resolution of Problems

Tiered Enforcement/10 Day Letter  Elements of New Statute (§ 143B Civil Penalty Assessments) Give Notice Prior to Civil Penalty 10 Days Extension before Assessment Effective July 1, 2011

Tiered Enforcement/10 Day Letter  Observed Benefits of Both Changes Improved Communication Between DWR & Regulated Community Positive Feedback from ROs & Permittees Increased Opportunity for Creative Approaches to Address Noncompliance

Compliance Themes for 2014  Decreased Civil Penalties Assessments  EPA Involvement/Mercury Issues  eDMR

Compliance Themes for 2014  EPA comments during 2014 visit with DENR noted that they are concerned about NC Enforcement trends  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

 Factors Affecting CPA Reduction Staff Reductions Improved Communication Regionalization of Facilities Shift Away from Water Intensive Industries

Compliance Themes for 2014  Quotes from staff about change in enforcement trends:  Coal Ash (2014)  Addition of 10 day letter requirement  Our job is to protect the environment whether by issuing 1000 NOVs or 1 CPA (Civil Penalty Assessment)  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  EPA’s focus is primarily on major dischargers, but will take action on minor facilities.  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.  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  Regional Office Functions Inspections Review Facility Data Civil Penalty Assessments Complaint Investigations Outreach/Communication Everything Else Whatever Comes Up

Regional Office & Central Office Interactions  Central Office Functions Oversight Consistency – Metrics, Reporting, & Guidance Ensure Meeting Programmatic Goals & Requirements (EPA, General Assembly, & Management) Provide Support

Regional Office & Central Office Interactions  Interactions Include Communication Consultation/Interpretation Consistency Efforts Coordination of Action Specific Information Requests

Summary  Tiered Enforcement/10 Day Letter – Working to Promote Better Communications  Consistent Compliance is Directly Related with Relationships and Cooperation

Contact  Bob Sledge – Compliance & Expedited Permitting Unit  –  Phone –