NPDES Compliance Update NCMA Workshop April 1, 2015.

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)


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


Elements of New Statute (§ 143B-279.16. Civil Penalty Assessments)

Give Notice Prior to Civil Penalty

10 Days Extension before Assessment

Effective July 1, 2011


Observed Benefits of Both Changes

Improved Communication Between DWR & Regulated Community

Positive Feedback from ROs & Permittees

Increased Opportunity for Creative Approaches to Address Noncompliance


Decreased Civil Penalties Assessments

EPA Involvement/Mercury Issues

eDMR


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


Factors Affecting CPA Reduction

Staff Reductions Improved Communication Regionalization of Facilities Shift Away from Water Intensive

Industries


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.


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.


eDMRo 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


Central Office Functions

Oversight Consistency – Metrics, Reporting, &

Guidance Ensure Meeting Programmatic Goals &

Requirements (EPA, General Assembly, & Management)

Provide Support


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

Email – [email protected]

Phone – 919-807-6398

mailto:[email protected]

NPDES Compliance Update NCMA Workshop April 1, 2015.

Documents

Transcript of NPDES Compliance Update NCMA Workshop April 1, 2015.