Regulatory Responsibilities Glenn Barnes Senior Project Director - - PowerPoint PPT Presentation

www.efc.unc.edu

Stormwater and Watershed Regulatory Responsibilities

Glenn Barnes Senior Project Director Environmental Finance Center 919-962-2789 glennbarnes@sog.unc.edu

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
• f 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

http://portal.ncdenr.org/web/wq/ws/su

http://cfpub.epa.gov/npdes/home.cfm?program_id=6

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
• n 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

http://www.jordanlake.org

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

• f another stormwater program as satisfying one
• r 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?