Stormwater and Watershed Regulatory Responsibilities

Transcription

1 Stormwater and Watershed Regulatory Responsibilities Glenn Barnes Senior Project Director Environmental Finance Center

2 Dedicated to enhancing the ability of governments and organizations to provide environmental programs and services in fair, effective and financially sustainable ways.

3 Session Objectives A little Stormwater 101 Provide an overview of water quality regulatory programs impacting stormwater and water quality protection programs

4 What is Stormwater?

5 What is a BMP?

6 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

7 Lots of Watershed Regulations in North Carolina

8 The Number Is Growing...

9 And Growing...

10 A Bizarre Checkerboard? Funding 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 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

11 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)

12 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

13 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

14 MM1: Public Education and Outreach Distribute education materials to community Make public aware of stormwater problems Slide Source: Tom Schueler, Chesapeake Stormwater Network

15 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

16 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

17 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

18 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

19 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

20 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

21 Good information on Phase II NC P. L 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

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24 State Program Example: Jordan Lake Nutrient Strategy

25 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

26 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

27 Jordan Lake Nutrient Strategy Title 15A NCAC 02B Purpose and Scope.0263 Definitions Agriculture 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 Fertilizer Management Options for Offsetting Nutrient Loads Cape Fear River Basin Session Law Session Law

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29 Stormwater Management for New Development The New Development Rule ( ) 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 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

30 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

31 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

32 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

33 Questions?