Regulatory Update
Gravel Roads and Parking Subject to Final Rule making Interim for programs implemented by local governments No mandate to modify existing ordinance New ordinances Gravel surfaces must be considered pervious or More Stringent must have unanimous approval Interim for programs implemented by the State Gravel surfaces must be considered pervious
Fast Track Permitting Requires DENR to develop Minimum Design Criteria (MDC) for stormwater runoff permits (September 2014) Criteria include a requirement for the siting, site preparation, design and construction, and post-construction monitoring and evaluation Requires rules to implement fast track permitting (July 2016) Both the state and locally delegated state programs would issue permits without review of device designs for those designs that fit the MDC Locally delegated state programs include Henderson, Buncombe, Gaston and Gilford Counties
Review State Rules Although all programs are being reviewed, currently DENR has not been given a schedule to review rules
HB 279 - Transfer Environmental Permits Delegated Programs Transfer a stormwater permit if: The new permittee has sole legal right to develop the permitted project The new permittee intends to use the permit for the purposes for which it was issued There will be no significant change of the permitted project Transfer an erosion and sedimentation control plan if: The proposed transferee is the owner of the land to be disturbed or has the owner's written consent to conduct the land-disturbing activity The proposed transferee intends to use the permit for the purposes for which it was issued There will be no change of the project covered by the plan that would affect any requirement of the plan
Studies Restrictions on Local Government s Environment Ordinance-Making Authority Restrictions on Plan Reviews
SB 515 - Jordan Lake Rules SB 515 continues the current Jordan Lake water quality measures Delays additional measures that were to be implemented for three years 15A NCAC 02B.0262 -.0267,.0270 -.0272,.0311 Jordan Lake Session Laws. Also modifies existing Protection of Existing Riparian Buffers Rule to allow some exempt uses Under Legislative Review
NPDES Program for MS4s Local governments implementing local programs can approve alternative designs Focus on LID and GI Focus on Impaired Waters Permits Continue to rely on existing programs to comply with the six minimum measures Continue to rely on the Stormwater Management Plans and other programs for iterative process Continue to rely on partnerships to foster sustainable programs Lunch-n-Learn audits will focus on fostering sustainable programs
Stormwater Program under DEMLR Don t worry, you ll be fine - the transition will be seamless More focus on customer service What customers want Consistency and flexibility Merge the Stormwater Program and Land Quality Merge forms and procedures More pre-submittal meetings More pre-nov notifications More electronic submittals More combined Land Quality and Stormwater Inspections Next six months - Train staff
Transition From DWR to DEMLR DWR NPDES POINT SOURCE 1.Industrial Waste Water STATE STORMWATER PROGRAMS 1.Enforcement 2.401 3.Planning 4.TMDL 5.Nutrient Sensitive Waters 6.Neuse and Tar Pamlico Basins 7.Jordan Lake 8.Falls Lake 9.Randleman Lake DEMLR NPDES NON POINT SOURCE 1.Individual and General Permits for Industrial Activities 2.Phase I and Phase II MS4 Program 3.NCDOT, NCDOA, and Rail Stormwater Sewer System TS4 Program STATE STORMWATER PROGRAMS 1.High Quality Waters 2.Outstanding Resource Waters 3.Coastal Rules 4.WS I, II, III, and IV 5.Goose Creek
Stormwater Program under DEMLR Stormwater Programs State Post-Construction Stormwater Programs (PCSP) For New Development, Redevelopment, and Existing Development DEMLR Session Law 2006-246 HQW, ORW, Coastal Rules WS I, II, III, and IV DWR Nutrient Sensitive Waters (NSW) i.e., Neuse and Tar-Pamlico Basins, Jordan Lake, Falls Lake, Randleman Lake NPDES Stormwater Permits with PCSP, i.e., MS4s and NCDOT Federal NPDES Stormwater Program (Administered by the State) EPA and State designated public entities with Municipal Separate Storm Sewer Systems (MS4s) includes Local Municipalities, Military Bases, and Universities Industrial Activities based on SIC Codes NCDOT, NCDOA and Rail Storm Sewer Systems
State Post-Construction Stormwater Programs Stormwater Programs for New Development, Redevelopment, and Existing Development Photo by Vance Miller
Stormwater Programs
Unlike AT&T, it can be Complicated LID meets Section 438 of the Energy Independence and Security Act - Federal facilities shall. maintain or restore the predevelopment hydrology.
State Post-Construction Stormwater Programs for New Development, Redevelopment and Existing Development 1. Session Law 2006-246 Tipped in Counties and MSI - Administered by CO 2. HQW, ORW, and 20 Coastal Counties - Administered by RO 3. WS, NSW Administered by Local Municipal and County Governments
State Post-Construction Stormwater Programs for New Development, Redevelopment, and Existing Development Session Law 2006-246 Post-Construction (Tipped in Counties & MSI) Administered by Central Office State Stormwater HQW, ORW and Coastal Rules Administered by Regional Office Local Municipal and County Stormwater Programs Flooding or other local programs WS I, II, III, and IV Delegated Programs Nutrient Sensitive Waters (NSW) - Neuse and Tar-Pamlico Basins, Jordan Lake, Falls Lake, Randleman Lake
Stormwater Programs
Federal NPDES Stormwater Program Stormwater Programs administered by the State Photo by Vance Miller
Stormwater Programs
NPDES Stormwater Program 1. EPA and State designated public entities with [Municipal] Separate Storm Sewer Systems (MS4s) includes Local Municipalities, Military Bases, and Universities 2. Industrial Activities based on SIC Codes 3. NCDOT, NCDOA and Rail - Storm Sewer Systems Local Governments, State Universities, and Military Bases Industrial Activities NCDOT, NCDOA, & Rail
NPDES Stormwater Programs Local Governments Universities Military Bases State and EPA Designation NPDES MS4 Permits NCG or NCS Public Education Public Involvement Construction Post Construction Good Housekeeping Employee Training IDDE LID & GI Local Governments with Public Transportation Post-construction Local Governments with Industrial Activities Impaired Waters, TMDLs, and Threatened and Endangered Species NCDOT, NCDOA, and Rail NPDES TS4 permit, NCS000250 IDDE, Construction and Post Construction Encroachments, Education and Involvement, Employee Training, Retrofits, Research, O&M, LID Industrial Activities Industrial Activities at NCDOT, NCDOA and Rail Facilities Based on SIC Code NPDES Individual or General SW Permit NCS or NCG SWPP Inspections Structural SCM Non-structural BMPs Employee Training Spill Response Bench Marks Monitoring
Questions Stormwater Programs Regulatory Update Merger from DWQ to DWR to DEMLR State Post-Construction Stormwater Programs 1. Session Law 2006-246 tipped in Counties and MSI - CO 2. HQW, ORW, and 20 Coastal Counties - RO 3. WS, NSW - Local Municipal and County Governments Federal NPDES Stormwater Program 1. EPA and State designated public entities with [Municipal] Separate Storm Sewer Systems (MS4s) includes Local Municipalities, Military Bases, and Universities 2. Industrial Activities based on SIC Codes 3. NCDOT, NCDOA and Rail - Storm Sewer Systems Photo by Vance Miller