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

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

www.efc.unc.edu

Questions?