Document 93Do9er1b1mNvKJMGgv864zg3

NESCOPECK BOROUGH MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM INSPECTION REPORT Nescopeck Borough - 501 Raber Avenue, Nescopeck, PA 18635 Inspection Date: December 12, 2024 Report Date: January 15, 2025 ECAD ID Number: ECAD-6111 Standard Industrial Classification (SIC) Code: 4952 - Sewerage Systems North American Industry Classification System (NAICS) Code: 221320 - Sewage Treatment Facilities U.S. Environmental Protection Agency, Region 3 Enforcement and Compliance Assurance Division NPDES Section Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 Report Prepared by: EPA Region 3 Official: __ January 15, 2025 Taylor Fontaine Date ERG JESSICA Digitally signed by JESSICA DUFFY DUFFY Date: 2025.01.15 08:19:01 -05'00' ____________________________________ Jessica Duffy Date Section Chief, NPDES Section 2, Enforcement and Compliance Assurance Division (This page intentionally left blank.) MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Table 1. Summary of Permit Requirements and Inspection Observations (The following observations are based on the information provided by Nescopeck Borough) Program Element Observations Overall Program Management Observation 1: Nescopeck Borough (hereinafter, Nescopeck, or the Borough) submitted an incomplete Annual MS4 Status Report for the 2023-2024 reporting period. Public Education and Outreach on Stormwater Impacts No areas of concern noted. Public Involvement / Participation (PIPP) No areas of concern noted. Illicit Discharge Detection and Elimination (IDDE) Observation 2: The Borough was not maintaining records of MS4 outfall inspections that include all Permitrequired components. Observation 3: The Borough's provided MS4 mapping did not include all Permit-required components. Observation 4: The Borough was not documenting MS4 outfall screenings on the MS4 Outfall Field Screening Report form (3800-FM-BCW0521), or equivalent. Construction Site The Borough did not have active construction sites at the time Stormwater Runoff Control of the inspection. Post-Construction Stormwater Management The Borough did not have PCSM best management practices (PCSM) in New Development (BMPs) at the time of the inspection. and Redevelopment Pollution Prevention / Good Housekeeping (PPGH) Observation 5: The Borough's written operation and maintenance (O&M) program did not include all Permit-required components. Observation 6: The Borough was not ensuring that all individuals involved in the MS4 program attend annual stormwater training. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Program Element Observations Pollutant Control Measures (PCMs) and Pollutant Reduction Plan (PRP) Observation 7: The Borough did not achieve the required pollutant load reductions as part of their PRP. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania TABLE OF CONTENTS Page INTRODUCTION ...........................................................................................................................1 INFORMATION OBTAINED RELATIVE TO PERMIT REQUIREMENTS................. 2 INSPECTION PROCEDURES .......................................................................................................2 INSPECTION OPENING CONFERENCE ....................................................................... 3 NESCOPECK BOROUGH MS4 BACKGROUND AND PROGRAM MANAGEMENT................................................................................................................ 3 MINIMUM CONTROL MEASURE 1: PUBLIC EDUCATION AND OUTREACH ON STORMWATER IMPACTS................................................................. 4 MINIMUM CONTROL MEASURE 2: PUBLIC INVOLVEMENT / PARTICIPATION .............................................................................................................. 4 MINIMUM CONTROL MEASURE 3: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) ........................................................................................... 5 MINIMUM CONTROL MEASURE 4: CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ............................................................................ 7 MINIMUM CONTROL MEASURE 5: POST-CONSTRUCTION STORMWATER MANAGEMENT (PCSM) IN NEW DEVELOPMENT AND REDEVELOPMENT (POST-CONSTRUCTION) ............................................................ 7 MINIMUM CONTROL MEASURE 6: POLLUTION PREVENTION / GOOD HOUSEKEEPING (PPGH) ................................................................................................ 8 POLLUTANT CONTROL MEASURES (PCMS) AND POLLUTANT REDUCTION PLANS (PRP) ............................................................................................. 9 FIELD OBSERVATIONS.................................................................................................. 9 MINIMUM CONTROL MEASURE 3: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) ........................................................................................... 9 Mifflin Avenue Outfall ......................................................................................... 10 Stair Avenue/Broad Street Outfall ........................................................................ 10 MINIMUM CONTROL MEASURE 6: POLLUTION PREVENTION / GOOD HOUSEKEEPING (PPGH) .............................................................................................. 11 Nescopeck Borough Public Works Department Maintenance Garage ................. 11 Nescopeck Borough Composting Area................................................................. 12 POLLUTANT CONTROL MEASURES (PCMS) AND POLLUTANT REDUCTION PLANS (PRP) ........................................................................................... 12 Nescopeck Borough Stream Restoration .............................................................. 12 Appendix A: Appendix B: National Pollutant Discharge Elimination System (NPDES) General Permit For Stormwater Discharges From Small Municipal Separate Storm Sewer Systems (MS4s) (NPDES Permit No. PAG132312, effective March 16, 2018) Photograph Log ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Appendix C: Exhibit Log ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania INTRODUCTION On December 12, 2024, two U.S. Environmental Protection Agency (EPA) Region 3 representatives and two EPA contractors from Eastern Research Group, Inc. (ERG) (hereinafter, EPA Inspection Team) performed a compliance inspection of Nescopeck Borough's (hereinafter, Nescopeck, or the Borough) Municipal Separate Storm Sewer System (MS4). A representative from the Pennsylvania Department of Environmental Protection (PADEP) also joined the EPA Inspection Team to observe the inspection. The inspection was conducted to assess the Borough's compliance with the requirements of the Commonwealth of Pennsylvania's National Pollutant Discharge Elimination System (NPDES) General Permit to Discharge Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (NPDES Permit No. PAG132312; hereinafter, the Permit). A copy of the Permit is provided in Appendix A. The purpose of this inspection was to obtain information to assist EPA Region 3 in assessing Nescopeck Borough's compliance with the requirements of the Permit, as well as the implementation status of its MS4 program. The presentation of observations in this report does not constitute a formal compliance determination or notice of violation. The inspection focused on overall MS4 program management and the following Permit components: Public Education and Outreach on Stormwater Impacts, Public Involvement / Participation (PIPP), Illicit Discharge Detection and Elimination (IDDE), Construction Site Stormwater Runoff Control, Post-Construction Stormwater Management (PCSM) in New Development and Redevelopment, Pollution Prevention / Good Housekeeping (PPGH), and Pollutant Control Measures (PCMs) and Pollutant Reduction Plans (PRPs). The EPA Inspection Team obtained information through a records review and interviews with Borough staff. Interviews were conducted during the inspection opening conference and during the inspection. The following primary representatives participated in the inspection: Borough Representatives: Iva Massina - Council President; ivamassina@gmail.com Sheri Custer - Borough Secretary; (570) 752-6008, nescopeck@pa.metrocast.net; Emily Stefanowicz - Borough Consultant; (570) 752-4433, ewelles@petersconsultants.com; Dennis Peters - Borough Engineer; (570) 572-4433, dpeters@petersconsultants.com EPA Representatives: Johannah Jacobson - EPA Region 3; (215) 814-2318, jacobson.johannah@epa.gov; ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 1 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania State Representative: EPA Contractors: Jeffrey Broudy - EPA Region 3; (215) 814-2726, broudy.jeffrey@epa.gov Paul Grella - MS4 Coordinator, Pennsylvania Department of Environmental Protection (PADEP) | Northeast Regional Office; (570) 826-2045, pgrella@pa.gov Taylor Fontaine - ERG; (703) 956-1977, taylor.fontaine@erg.com; Kelsey Guy - ERG; (703) 633-1103, kelsey.guy@erg.com INFORMATION OBTAINED RELATIVE TO PERMIT REQUIREMENTS The EPA Inspection Team obtained documentation and other supporting information to evaluate compliance with the Permit prior to, during, and after the opening conference interview and field inspection. Observations regarding the Borough's implementation of Permit requirements are presented in this report. On November 26, 2024, the EPA Inspection Team provided the Borough with an emailed inspection notification and a records request that listed documents to review for the inspection, with specific items to be provided prior to the inspection. The Borough provided the requested documents electronically to the EPA Inspection Team on December 3, 2024. The EPA Inspection Team reviewed the documentation and other supporting evidence provided by the Borough regarding compliance with the Permit. Referenced documentation used as supporting information is provided in Appendix C, Exhibit Log. The following sections of this report describe the Borough's approach to implementing minimum control measures, relevant Permit requirements, and observations made during the inspection process. INSPECTION PROCEDURES On December 12, 2024, the EPA Inspection Team conducted an MS4 inspection with representatives from Nescopeck Borough's MS4 program. The inspection focused on overall MS4 program management; MS4 minimum control measures (MCMs) Public Education and Outreach on Stormwater Impacts, PIPP, IDDE, Construction Site Stormwater Runoff Control PCSM, PPGH; and the Borough's PRP. Inspection observations based on information gained during the MS4 inspection are documented in the sections below. At the end of the inspection on December 12, 2024, the EPA Inspection Team presented their preliminary observations to the Borough representatives. The EPA Inspection Team informed the Borough representatives that any information that the Borough deemed to be confidential business information (CBI) should be identified to the EPA Inspection Team during the inspection and that it would be handled as CBI according to EPA's CBI procedures. Borough representatives did not identify any information designated as CBI. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 2 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Photographs were taken during the inspection by the EPA contractor, Taylor Fontaine, and are provided in Appendix B, Photograph Log. Some photographs may be omitted from the log to avoid redundancy but can be made available upon request. INSPECTION OPENING CONFERENCE The EPA Inspection Team arrived at the Borough's administration building in Nescopeck, PA at 9:30 AM (EST) on December 12, 2024. Taylor Fontaine (ERG) displayed his EPA-issued Clean Water Act inspector credential to the Borough representatives at the outset of the inspection and explained that the purpose of the inspection was to make observations of Nescopeck Borough's MS4 program. The weather during the inspection on December 12, 2024, was cloudy temperatures averaging approximately 34 degrees Fahrenheit. Table 2 presents National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and the four (4) days prior. There was no precipitation during the inspection. Table 2. Total Precipitation Preceding and During Inspection Station Name CONYNGHAM 3.9 NE, PA US US1PALZ0004 CONYNGHAM 3.9 NE, PA US US1PALZ0004 CONYNGHAM 3.9 NE, PA US US1PALZ0004 CONYNGHAM 3.9 NE, PA US US1PALZ0004 CONYNGHAM 3.9 NE, PA US US1PALZ0004 Date December 8, 2024 December 9, 2024 December 10, 2024 December 11, 2024 December 12, 2024 Precipitation Amount (inches)1 0.00 0.00 0.19 0.46 1.64 NESCOPECK BOROUGH MS4 BACKGROUND AND PROGRAM MANAGEMENT According to the 2023-2024 Annual MS4 Status Report, the Borough's MS4 covers approximately 1.17 square miles and, per the 2020 census, serves 3,879 people while the Borough's list of Borough-owned facilities states, "Nescopeck Borough has a total land area of approximately 6.7 square miles". The primary receiving waters are Nescopeck Creek and the Susquehanna River. The segments of these waterbodies located within the Borough are listed as impaired for aquatic life by acid mine drainage on Pennsylvania's 2024 303(d) list. The Borough's MS4 program is administered and implemented by the Borough's Secretary Office and Public Works Department. Borough representatives explained that the MS4 program is funded through the Borough's general fund. 1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 3 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania The Borough relies on the contractor Peters Consultants, Inc. (hereinafter, Peters) as the Borough Engineer for engineering services, MS4 program plan review assistance, MS4 program document submittal, and erosion and sediment site plan reviews. The Borough relies on the contractor Larry C. Frace Inspections, LLC for outfall inspections and code enforcement services. The Borough's Secretary Office and Borough Engineer assist with MS4 Permit compliance and facilitation. The Borough is authorized to discharge stormwater through its MS4 under the current NPDES Permit effective March 16, 2018, until its expiration on March 15, 2023. The current permit has been administratively extended. Permit Part A.III.D.1 states, "The permittee shall submit a complete Annual MS4 Status Report using DEP's annual report template (3800-FM-BPNPSM0491) to the DEP regional office that issued General Permit coverage approval by September 30 of each year." Observation 1: The Borough submitted an incomplete Annual MS4 Status Report for the 2023-2024 reporting period (refer to Appendix C, Exhibit 1). Specifically, the Borough did not answer all required Annual MS4 Status Report questions under MCM's #3, #4, and #5 (IDDE, Construction Site Stormwater Runoff Control, and PCSM). Additionally, the Annual MS4 Status Report does not list impairments for the Borough's receiving water. However, the 2024 Pennsylvania Integrated Water Quality Report states that the segments of these waterbodies located within the Borough are listed as impaired for aquatic life by acid mine drainage. Further, the Annual Report states that the Borough's MS4 covers approximately 1.17 square miles while the Borough's list of Borough-owned facilities states, "Nescopeck Borough has a total land area of approximately 6.7 square miles". MINIMUM CONTROL MEASURE 1: PUBLIC EDUCATION AND OUTREACH ON STORMWATER IMPACTS The Borough developed and maintains a list of target groups within the MS4. The Borough seasonally updates and distributes stormwater educational materials (e.g., flyers, activity sheets, and brochures) to target audiences including Borough residents, the Berwick Area School District, and businesses within the MS4. The Borough does not have a website, but the information relating to stormwater management is available to the general public at the Borough administration building and via the Borough's Facebook page. The EPA Inspection team observed and confirmed the presence and availability of these materials. MINIMUM CONTROL MEASURE 2: PUBLIC INVOLVEMENT / PARTICIPATION The Borough developed and maintains a written Public Involvement and Participation Program (PIPP). The Borough solicits public input and participation in MS4-related activities and document development. Borough residents are invited to participate in each Borough Council ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 4 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania meeting. Additionally, the Borough representatives stated the Borough coordinates with the Friends of the Nescopeck organization for community outreach efforts. MINIMUM CONTROL MEASURE 3: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) The Borough engineer, Peters, administers the Borough's IDDE program. The Borough has 10 identified MS4 outfalls according to their 2023-2024 Annual MS4 Status Report. However, the 2023-2024 Annual MS4 Status Report identifies 14 mapped outfalls within the MS4. During the inspection, Borough representatives stated that the additional 4 outfalls are most likely outfalls from state roads into the Borough's MS4. Through discussion with the Borough, the EPA Inspection Team determined that the MS4's stormwater infrastructure connects to the Pennsylvania Department of Transportation (PennDOT's) stormwater infrastructure indicating that the MS4 is responsible for all 14 outfalls. Peters last updated the Borough's MS4 mapping in 2022 (refer to Appendix C, Exhibit 2). Nescopeck Borough Stormwater Management Ordinance, ordinance no. 507 (dated July 17, 2023), prohibits illicit discharges into the Borough's MS4 (refer to Appendix C, Exhibit 3). The Borough's IDDE Program includes standard operating procedures (SOPs) to track, identify, and address unauthorized non-stormwater discharges (refer to Appendix C, Exhibit 4). Borough representatives stated that the Borough's main office receives reports of illicit discharges or emergency situations that involve spills or other types of illicit discharges. The Borough's contracted engineer, Peters, will then investigate the source of the reported discharge and initiate response actions if necessary. Borough representatives stated that they use Hawk Mountain Labs Inc. to analyze illicit discharge samples, as needed. Any enforcement actions would be the responsibility of the Borough contractor, Larry C. Frace Inspections, LLC. During the inspection, Borough representatives stated that this contractor has the authority to enforce the Nescopeck Borough Stormwater Management Ordinance as the Borough's Code Enforcement Officer. Permit Part C.I.B.3.a states, "The permittee shall develop and implement a written program for the detection, elimination, and prevention of illicit discharges into the regulated small MS4. The program shall include the following: Procedures for identifying priority areas. These are areas with a higher likelihood of illicit discharges, illicit connections or illegal dumping. Priority areas may include areas with older infrastructure, a concentration of high-risk activities, or past history of water pollution problems. Procedures for screening outfalls in priority areas. The program shall include dry weather field screening of outfalls for non-stormwater flows, and sampling of dry weather discharges for selected chemical and biological parameters. Test results shall be used as indicators of possible discharge sources. Procedures for identifying the source of an illicit discharge when a contaminated flow is detected at a regulated small MS4 outfall. Procedures for eliminating an illicit discharge. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 5 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Procedures for assessing the potential for illicit discharges caused by the interaction of sewage disposal systems (e.g., on-lot septic systems, sanitary piping) with storm drain systems. Mechanisms for gaining access to private property to inspect outfalls (e.g., land easements, consent agreements, search warrants) and for investigating illicit connections and discharges. Procedures for program documentation, evaluation and assessment. Records shall be kept of all outfall inspections, flows observed, results of field screening and testing, and other follow-up investigation and corrective action work performed under this program..." Observation 2: At the time of the inspection, the Borough was not keeping records of all MS4 outfall inspections, flows observed, results of field screening and testing, and other follow-up investigations and corrective actions performed. The Borough provided the EPA Inspection Team with a copy of the most recent MS4 outfall field screenings (refer to Appendix C, Exhibit 5). The provided records did not indicate if there was any observed flow, test results from any observed flow, and subsequent follow up actions. Permit Part C.I.B.3.b states, "The permittee shall develop and maintain map(s) that show permittee and urbanized area boundaries, the location of all outfalls and, if applicable, observation points, and the locations and names of all surface waters that receive discharges from those outfalls. Outfalls and observation points shall be numbered on the map(s)." Permit Part C.I.B.3.c states, "In conjunction with the map(s) created under BMP #2 (either on the same map or on a different map), the permittee shall develop and maintain map(s) that show the entire storm sewer collection system within the permittee's jurisdiction that are owned or operated by the permittee (including roads, inlets, piping, swales, catch basins, channels, and any other components of the storm sewer collection system), including privatelyowned components of the collection system where conveyances or BMPs on private property receive stormwater flows from upstream publicly-owned components." Observation 3: The MS4 mapping provided by the Borough was missing some of the Permit-required components (refer to Appendix C, Exhibit 2). Specifically, the mapping did not include: Permittee and urbanized area boundaries; and MS4 outfalls were not numbered on the mapping. Further, the Borough MS4 outfalls are not distinguished from those the Borough representatives said are outfalls from PennDOT roads into the Borough's MS4. The mapping did not include privately-owned components of the MS4 system where conveyances or BMPs on private property receive stormwater flows from upstream publicly-owned components. Permit Part C.I.B.3.d.(4) states, "Each time an outfall is screened, the permittee shall record outfall observations, regardless of the presence of dry weather flow. All outfall inspections shall ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 6 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania be documented on the MS4 Outfall Field Screening Report form (3800-FM-BCW0521), or equivalent. The report must be signed by the inspector and be maintained by the permittee in accordance with Part A III.B of this General Permit. If an outfall flow is determined by the permittee to be illicit, the actions taken to identify and eliminate the illicit flow shall also be documented." Observation 4: The Borough was not documenting outfall screenings on the MS4 Outfall Field Screening Report form (3800-FM-BCW0521), or equivalent despite indicating so in their 2023-2024 Annual MS4 Status Report. The Borough provided the EPA Inspection Team with a copy of their MS4 outfall field screenings during the reporting period identifying 10 outfalls (refer to Appendix C, Exhibit 5). The Borough's MS4 outfall field screenings did not identify any flow observed during the inspections, as stated above in Observation 2. Further, the reports were not signed by the inspector. MINIMUM CONTROL MEASURE 4: CONSTRUCTION SITE STORMWATER RUNOFF CONTROL The Borough relies on Pennsylvania's statewide program for stormwater associated with construction activities to satisfy this MCM. The Borough utilizes the Nescopeck Borough Stormwater Management Ordinance, ordinance no. 507 (dated July 17, 2023), to require the implementation of erosion and sediment (E&S) control BMPs, including sanctions for noncompliance. Borough representatives stated that plans for development or redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, would be reviewed and approved by the Luzerne Conservation District. MINIMUM CONTROL MEASURE 5: POST-CONSTRUCTION STORMWATER MANAGEMENT (PCSM) IN NEW DEVELOPMENT AND REDEVELOPMENT (POST-CONSTRUCTION) The Borough's contracted engineer, Peters, administers the post-construction stormwater management program for BMPs #1 through #3 of this MCM. The Borough relies on Pennsylvania's statewide program for stormwater associated with construction activities for BMPs #4 through #6 of this MCM. The Borough utilizes the Nescopeck Borough Stormwater Management Ordinance, ordinance no. 507 (dated July 17, 2023), as the regulatory mechanism for this MCM. During the inspection, Borough representatives stated that they encourage the use of Low Impact Development (LID) in new development and redevelopment. The Borough's ordinance states in Section 301.G, that "all regulated activities shall... [i]ncorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this Ordinance, the SWM Site Plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable" (refer to Appendix C, Exhibit 3). ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 7 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania During the inspection, Borough representatives stated that there were no Borough owned/operated or privately owned/operated PCSM BMPs in the Borough. Borough representatives stated that if PCSM BMPs are developed by the Borough, maintenance of those BMPs would be the responsibility of Peters. MINIMUM CONTROL MEASURE 6: POLLUTION PREVENTION / GOOD HOUSEKEEPING (PPGH) According to Borough representatives, the Borough's Public Works Department conducts all PPGH activities, excepting annually scheduled street sweeping done by the MS4's contractor, Don E. Bower, Inc. According to Borough representatives, the Public Works Department is responsible for maintenance of Borough-owned facilities. The Borough identified three (3) specific Borough-owned or managed facilities within the MS4 area that have the potential for generating pollution in stormwater runoff (refer to Appendix C, Exhibit 6). Facilities included the Administrative Offices, Police Department, and associated parking lots; the Public Works Department maintenance garage and salt storage shed; and Nescopeck Community Park. The Borough developed an O&M Plan for the Borough's PPGH program (refer to Appendix C, Exhibit 7). Permit Part C.I.B.6.b requires the Permittee to, "Develop, implement and maintain a written O&M program for all operations that could contribute to the discharge of pollutants from the regulated small MS4, as identified under BMP #1. This program shall address stormwater collection or conveyance systems within the regulated MS4. The written O&M program shall stress pollution prevention and good housekeeping measures, contain site-specific information, and include the following: Management practices, policies, and procedures shall be developed and implemented to reduce or prevent the discharge of pollutants to the regulated small MS4s. The permittee shall consider eliminating maintenance area discharges from floor drains and other drains if they have the potential to discharge to storm sewers. Maintenance activities, maintenance schedules, and inspection procedures to reduce the potential for pollutants to reach the regulated small MS4s..." Observation 5: The Borough's written O&M program did not include the following Permit-required component (refer to Appendix C, Exhibit 7): Maintenance schedules and inspection procedures to reduce the potential for pollutants to reach the regulated small MS4s. Permit Part C.I.B.6.c requires the Permittee to, "Develop and implement an employee training program that addresses appropriate topics to further the goal of preventing or reducing the discharge of pollutants from operations to the regulated small MS4. The program may be developed and implemented using guidance and training materials that are available from federal, state or local agencies, or other organizations. All relevant employees and contractors shall receive training (i.e., public works staff, building, zoning, and code enforcement staff, engineering staff, police and fire responders, etc.). Training topics shall include operation, inspection, maintenance and repair activities associated with any of the operations identified ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 8 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania under BMP #1. Training must cover all relevant parts of the permittee's overall stormwater management program that could affect operations, such as illicit discharge detection and elimination, construction sites, and ordinance requirements." Observation 6: The Borough was not ensuring that all relevant Borough contractors (e.g., Larry C. Frace Inspections, LLC or Peters) received stormwater training. POLLUTANT CONTROL MEASURES (PCMS) AND POLLUTANT REDUCTION PLANS (PRP) Peters developed the Borough's Joint Chesapeake Bay Pollutant Reduction Plan (CBPRP), submitted to PADEP for approval on April 23, 2018, per the Boroughs 2023-2024 Annual MS4 Status Report, for total nitrogen (TN), total phosphorus (TP), and total suspended solids (TSS) (refer to Appendix C, Exhibit 8). According to the 2023-2024 Annual MS4 Status Report, the PRP was approved by the PADEP on May 2, 2018. However, at the time of the inspection, the Borough had not provided a final PRP report deficiency response to PADEP. Per PADEP, the Borough's deficiency response was provided to PADEP by the deadline, on December 18, 2024. The Borough's PRP / TMDL Plan Final Report (dated December 18, 2024) provided the Borough's achieved load reductions (refer to Appendix C, Exhibit 9). Permit Appendix D, Part A requires the Permittee to, "achieve the pollutant load reduction(s) (lbs/year) proposed in its CBPRP within 5 years following DEP's approval of coverage under the General Permit (identified on page 1 of the General Permit). The minimum percent reduction for pollutant loadings of sediment, Total Phosphorus (TP), and Total Nitrogen (TN) shall be 10%, 5%, and 3%, respectively, over the 5-year period following DEP's approval of coverage. Pollutant reduction efficiencies for selected BMPs shall be in accordance with the BMP Effectiveness Values document published by DEP (3800-PM-BCW0100m) or Chesapeake Bay Program Office expert panel reports. The permittee shall submit a report demonstrating implementation of the CBPRP as an attachment to the first Annual MS4 Status Report that is due following completion of the 5th year of General Permit coverage." Observation 7: The Borough had not achieved the required load reduction requirements for TSS. Specifically, the Borough's CBPRP calculated that the Borough needed a reduction of 30,780.48 lbs / yr of TSS. According to the Borough's PRP / TMDL Plan Final Report (dated December 18, 2024), the Borough achieved a reduction of 19,927.82 lbs/yr, leaving 10,852.66 lbs/yr of reductions outstanding. FIELD OBSERVATIONS MINIMUM CONTROL MEASURE 3: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) Dewey Street Outfall and Susquehanna River Embankment Restoration Address/Location: 41.056305, -76.215347, (Off Dewey Street) Relevant Minimum Control Measure (MCM): IDDE Entry Time: 12:54 PM (EST) December 12, 2024 Exit Time: 12:58 PM (EST) ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 9 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania Description: The Dewey Street MS4 Outfall and Susquehanna River Embankment Restoration site are located off Dewey Street. Borough representatives stated this was the location where, due to erosion from the outfall, the Borough used heavy equipment and riprap to stabilize the embankment located adjacent to the Susquehanna River. Conditions: The EPA Inspection Team made the following observation at the Dewey Street Outfall and Susquehanna River Embankment Restoration: 1) The EPA Inspection Team viewed both the outfall and the location of the embankment stabilization (refer to Appendix B, Photographs 1 through 3). Based on observations during the inspection, the embankment showed no signs of erosion. Mifflin Avenue Outfall Address/Location: 41.055540, -76.218819, (Off Mifflin Avenue) Relevant Minimum Control Measure (MCM): IDDE Entry Time: 1:05 PM (EST) December 12, 2024 Exit Time: 1:07 PM (EST) Description: The Mifflin Avenue Outfall is located off Mifflin Avenue, to the west of the Dewey Street Outfall and adjacent to the Susquehanna River. Conditions: The EPA Inspection Team made the following observation at the Mifflin Avenue Outfall: 1) The EPA Inspection Team observed that the area downstream of the outfall was scoured (refer to Appendix B, Photographs 4 through 6). The pipe leading to the outfall was crushed. Stair Avenue/Broad Street Outfall Address/Location: 41.047808, -76.220322, (Off Stair Avenue) Relevant Minimum Control Measure (MCM): IDDE Entry Time: 1:17 PM (EST) December 12, 2024 Exit Time: 1:19 PM (EST) Description: The Stair Avenue/Broad Street Outfall is located at the corner of Stair Avenue and Broad Street (a state roadway). Borough representatives stated this is the location where stormwater from the Borough interconnects with the stormwater infrastructure from a PennDOT road (Broad Street). Conditions: The EPA Inspection Team made the following observation at the Stair Avenue/Broad Street Outfall: 1) The EPA Inspection Team observed the location where stormwater originating from the Borough would intersect with PennDOT's MS4 system (refer to Appendix B, Photographs 7 and 8). Borough representatives stated that maintenance and inspections of the ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 10 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania outfall were conducted by the Borough and that there is no existing memorandum of understanding (MOU) with PennDOT for the maintenance. MINIMUM CONTROL MEASURE 6: POLLUTION PREVENTION / GOOD HOUSEKEEPING (PPGH) Nescopeck Borough Public Works Department Maintenance Garage Address/Location: 501 Raber Ave, Nescopeck, PA 18635 Relevant Minimum Control Measure (MCM): PPGH Entry Time: 12:23 PM (EST) December 12, 2024 Exit Time: 12:45 PM (EST) Description: The Nescopeck Borough Public Works Department Maintenance Garage is used to store and maintain vehicles and materials. The maintenance garage also houses the Borough's external salt storage structure, a vehicle washing garage bay, a landscaping machinery maintenance shop, the equipment storage area, and aggregate material (cold patch). Borough representatives stated that fueling for municipal vehicles is done offsite at local gas stations. Conditions: The EPA Inspection Team made the following observations at the Borough's Public Works Department Maintenance Garage: 1) The EPA Inspection Team observed the Borough's salt storage area (refer to Appendix B, Photographs 9 and 10). Borough representatives stated they had excess salt which was stored under a tarp on the asphalt surface in front of the coverage salt and cold patch storage structure. Per Borough representatives the salt would normally be stored in the three-sided, covered salt and cold patch storage structure. The EPA Inspection Team observed evidence of salt migration from the storage area towards the Susquehanna River (refer to Appendix B, Photographs 9 and 10). 2) The EPA Inspection Team observed the Borough's storage structure for salt and cold patch (refer to Appendix B, Photographs 10 and 11). The structure was covered but was only enclosed on three sides. The EPA Inspection Team observed evidence of salt and cold patch migrating from the storage area towards the Susquehanna River (refer to Appendix B, Photographs 11 and 12). 3) The EPA Inspection Team observed the southernmost garage bay where municipal vehicles are washed (refer to Appendix B, Photograph 13). Borough representatives stated that municipal vehicle washing and maintenance occurs in the garage and that the observed floor drain connected to an underground sump (approximately 1,000gallon volume). Borough representatives stated that the sump is pumped out by a contractor approximately every 3 years or as needed but were unable to provide the volume of the sump. The EPA Inspection Team requested pumping records from the Borough. However, they were not provided at the time of the drafting of this report. 4) The EPA Inspection Team observed the middle and northern garage bays where equipment was stored (refer to Appendix B, Photograph 14). 5) The EPA Inspection Team observed one 55-gallon used oil storage drum (refer to Appendix B, Photograph 15). Borough representatives stated this is the only used oil ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 11 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania storage container and it is emptied out on an as-needed basis by a Borough resident to be used as heating fuel. Nescopeck Borough Composting Area Address/Location: 41.051262, -76.227076, (Off West 3rd Street) Relevant Minimum Control Measure (MCM): PPGH Entry Time: 1:47 PM (EST) December 12, 2024 Exit Time: 1:50 PM (EST) Description: The Nescopeck Borough Composting Area is an area the Borough uses to store yard waste and aggregate materials (e.g., gravel, soil, and cold patch). Conditions: The EPA Inspection Team made the following observations at the Nescopeck Borough Composting Area: 1) The EPA Inspection Team observed storage piles containing soil and yard waste (refer to Appendix B, Photographs 16 and 17). There were no containment measures around the piles, but the closest surface water (Nescopeck Creek) is approximately 300 feet away. POLLUTANT CONTROL MEASURES (PCMS) AND POLLUTANT REDUCTION PLANS (PRP) Nescopeck Borough Stream Restoration Address/Location: 41.047280, -76.211212, (Off Ridge Road) Relevant Minimum Control Measure (MCM): PCMs and PRP Entry Time: 1:27 PM (EST) December 12, 2024 Exit Time: 1:35 PM (EST) Description: The Nescopeck Borough Stream Restoration site is the location where the Borough had identified erosion along the stream embankment. The Borough proceeded to stabilize the embankment and enlarged the culvert underneath Ridge Road with the work being completed in 2024. Borough representatives also stated they intended to use this location as a pollutant reduction measure. However, it was unclear if this location was actually considered to be a stream to be considered for pollutant reduction credit. Borough representatives stated it flowed only 1-2 times a year and would flow to the northwest, conveying overland, to farmland. Conditions: The EPA Inspection Team made the following observation at the Nescopeck Borough Stream Restoration site: 1) The EPA Inspection Team observed the widened stream embankment stabilized with riprap and a new headwall and culvert underneath Ridge Road (refer to Appendix B, Photographs 18 through 20). The EPA Inspection Team requested design plans for the project. Design plans were not provided by the Borough at the time of the drafting of this report. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 12 MS4 Compliance Inspection Report Nescopeck Borough, Pennsylvania CLOSING CONFERENCE After the inspection, the EPA Inspection Team met with the Borough representatives and PADEP for a closing conference. The EPA Inspection Team shared preliminary observations with the Borough representatives and PADEP. The EPA Inspection Team reiterated to the Borough representatives that all preliminary observations discussed were observations and not compliance determinations. Any and all preliminary observations shared were subject to further investigation by EPA upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after EPA reviewed additional materials following the inspection. The inspection concluded at approximately 2:55 PM. ECAD ID Number: ECAD-6111 Inspection Date: December 12, 2024 13