stormwater and watershed regulatory responsibilities county... · stormwater and watershed...
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www.efc.unc.edu
Stormwater and Watershed
Regulatory Responsibilities
Glenn Barnes
Senior Project Director
Environmental Finance Center
919-962-2789
Dedicated to enhancing
the ability of governments
and organizations to
provide environmental
programs and services in
fair, effective and
financially sustainable
ways.
Session Objectives
• A little Stormwater 101
• Provide an overview of water quality
regulatory programs impacting stormwater
and water quality protection programs
What is Stormwater?
What is a BMP?
Regulatory History
• If Richard Whisnant
were giving this
presentation, he’d
start with Genesis...
• We’ll start a little
closer to home in
time and place
Lots of Watershed Regulations in
North Carolina
The Number Is Growing...
And Growing...
A Bizarre Checkerboard?
Funding
Construction plan approval
High density BMP design
approval
Public education
Gov’t good housekeeping
Sampling
Illicit discharge elimination
I & M post-construction
Local Permits
Existing development load
reductions
Soil &
Water
Cons.
Sed &
Erosion
Control
Coastal
SW
Water
Supply
WS
ORW,
HQW,
SA, Trt
NPDES
Phase 1
NSW
(Tar,
Neuse,
Jordan,
Falls)
NPDES
Phase 2
Federal Stormwater Regulations
• Part of 1987 amendments to Clean Water Fund
• Two-phase approach to stormwater – Phase I: Large Municipalities (Raleigh, Durham,
Fayetteville-Cumberland County, Greensboro, Winston-Salem and Charlotte)
– Phase II: Smaller Municipalities (around 100 communities permitted in NC)
Your Stormwater Program
• Must be designed to reduce the discharge
of pollutants “to the maximum extent
possible” and must protect water quality
• Ultimately, it will need to be tailored to the
needs of your community
Phase II six minimum measures
• Public Education and Outreach
• Public Participation/Involvement
• Illicit Discharge Detection & Elimination
• Construction Site Runoff/Control
• Post-Construction Runoff Control
• Pollution Prevention/Good Housekeeping
MM1: Public Education and
Outreach
• Distribute education materials to
community
• Make public aware of stormwater
problems
Slide Source: Tom Schueler, Chesapeake Stormwater Network
MM2: Public Involvement and
Participation
• Involve regulated community in program
development
• Provide opportunities for public to give
input
Slide Source: Tom Schueler, Chesapeake Stormwater Network
MM3: Illicit Discharge Detection and
Elimination
• Storm sewer map with all outfalls
• Define your illicit discharges
• Adopt and enforce illicit discharge ordinance
• Develop and implement IDDE program
• Public information
Slide Source: Tom Schueler, Chesapeake Stormwater Network
MM4: Construction Site Runoff
Control
• Adopt ordinance
• Be able to inspect and enforce
• ESC site plan review process
• Citizen reporting
• Control wastes generated at sites
Slide Source: Tom Schueler, Chesapeake Stormwater Network
MM5: Post-construction Runoff
Management
• Adopt stormwater ordinance for new and
redevelopment
• Use structural/nonstructural BMPs
• Develop maintenance program
Slide Source: Tom Schueler, Chesapeake Stormwater Network
MM6: Municipal Pollution Prevention
and Good Housekeeping
• Train municipal employees
• Pollution prevention plans for municipal
hotspot operations
• Review municipal maintenance operations (e.g., street sweeping, catch basin cleanouts)
Slide Source: Tom Schueler, Chesapeake Stormwater Network
Program Administration and
Reporting
• Set measurable goals and
implementation schedule
• Conduct evaluation and assessments
• Maintain records
• Write annual reports
Slide Source: Tom Schueler, Chesapeake Stormwater Network
Good information on Phase II
• NC P. L. 2006-246 – Implementation of Fed
Phase II Stormwater Management
Requirements
• EPA website/publications: Stormwater Phase
II Compliance Assistance Guide, Phase II
Final Rule Fact Sheet Series, MS4 Program
Evaluation Guide, etc.
• DWQ interactive map & Stormwater Permitting
Unit website
Slide Source: Bill Duiguid, DWQ
State Program Example:
Jordan Lake Nutrient Strategy
Jordan Lake Nutrient Strategy
• Adopted in 2009 to reduce the amount of pollution entering the lake upstream
• Developed over several years through a process that involved extensive meetings, public hearings and negotiations between residents, environmental groups, local and state government agencies and other stakeholders in the watershed
Problems with Jordan Reservoir
• Declared nutrient sensitive in 1983, the
year after it was constructed
• Repeated complaints from Town of Cary
on taste and odor
• Upper New Hope arm listed as impaired in
2002
• Entire lake listed as impaired in 2005
Jordan Lake Nutrient Strategy • Title 15A NCAC 02B
– .0262 - Purpose and Scope
– .0263 – Definitions
– .0264 - Agriculture
– .0265 - Stormwater Management for New Development
– .0266 – Stormwater Management for Existing Development
– .0267 – Protection of Existing Riparian Buffers
– .0268 – Mitigation for Riparian Buffers
– .0269 – Riparian Buffer Mitigation Fees to NC EEP
– .0270 – Wastewater Discharge Requirements
– .0271 – Stormwater Requirements for State & Federal Entities
– .0272 - Fertilizer Management
– .0273 - Options for Offsetting Nutrient Loads
– .0311 - Cape Fear River Basin
• Session Law 2009-216
• Session Law 2009-484
Stormwater Management
for New Development
• The New Development Rule (28 .0265) applies to new development projects within the Jordan watershed and within the planning jurisdiction of the 8 counties and the 26 municipalities listed in Rule .0262.
– Excludes Forsyth & Randolph Counties
• Local governments are required to develop stormwater management programs.
– Can be more stringent than the state rules Slide Source: NC DENR
Stormwater Management
for New Development
• Local governments shall:
– Review and approve stormwater management plans for new development projects (.0265(3)(0))
– Develop a plan to ensure maintenance of BMPs (.0265(3)(b))
– Develop a plan to ensure enforcement and compliance for the life of the new development (.0265(3)(c))
– Local governments may request implementation of another stormwater program as satisfying one or more of the requirements (0265(5)(0))
Slide Source: NC DENR
Stormwater Management
for New Development
• Per .0265(3)(d) , the following water supply watershed rules requirements apply:
– .02B .0 I 04(f): Local governments will assume ultimate responsibility for O&M of high-density stormwater controls, enforce compliance, collect fees and other measures.
– 02B .0 I 04(r): The variance procedures described in the water supply rules.
Slide Source: NC DENR
Stormwater Management
for New Development
• What projects need a plan?
– Single family and duplex residential and
recreational projects that disturb one acre or
more of land
– Commercial, industrial, institutional,
multifamily residential and local government
projects that disturb 1/2 acre or more of land
(.0265(3)(0))
Slide Source: NC DENR
www.efc.unc.edu
Questions?