Regulatory Responsibilities Glenn Barnes Senior Project Director - PowerPoint PPT Presentation

Stormwater and Watershed Regulatory Responsibilities Glenn Barnes Senior Project Director Environmental Finance Center 919-962-2789 glennbarnes@sog.unc.edu www.efc.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? Soil & Sed & Coastal Water ORW, NPDES NSW NPDES Water Erosion SW Supply HQW, Phase 1 (Tar, Phase 2 Cons. Control WS SA, Trt Neuse, Jordan, Funding Falls) 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

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

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 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

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 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

Questions? www.efc.unc.edu