Stormwater Update Mike Randall

Transcription

1 Stormwater Update Mike Randall

2 DEMLR Energy Land Quality Geological Survey Mining Dam Safety Erosion and Sediment Control Stormwater

3 Division of Water Resources (DWR) FEDERAL NPDES POINT SOURCE 1. Industrial Waste Water STATE STORMWATER PROGRAMS 1. Wetlands and Stream Impacts (401) 2. Buffers 3. Planning 4. TMDL 5. Nutrient Sensitive Waters 6. Neuse and Tar-Pamlico Basins 7. Jordan Lake 8. Falls Lake 9. Randleman Lake Division of Energy, Mineral, and Land Resources (DEMLR) FEDERAL NPDES NON POINT SOURCE (Industrial Activities and MS4 program) 1. Individual and General Permits for Industrial Activities RO and CO 2. Individual and General Permits for Construction 3. Phase I and II MS4/TS4 Program Local Governments, Universities, & NCDOT STATE STORMWATER PROGRAMS (post-construction) 1. High Quality Waters - RO 2. Outstanding Resource Waters -RO 3. Coastal Rules -RO 4. WS I, II, III, and IV Local Governments 5. Goose Creek CO 6. Phase I and II MSI and Tipped in Counties

4 Session Law House Bill 201 Development. the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law. Stake holders, AG, DENR working on guidance to address existing development Redevelopment. No change Develop model practices that capture and reuse stormwater.

5 Session Law House Bill 201 Stormwater runoff rules and programs shall not require private property owners to install new or increased stormwater controls for (i) preexisting development or (ii) redevelopment activities that do not remove or decrease existing stormwater controls.

6 Session Law House Bill 201 For purposes of implementing stormwater programs, "built-upon area" means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon area" does not include a wooden slatted deck, the water area of a swimming pool, or gravel. (gravel removed under Senate Bill 734 v 7).

7 Senate Bill 734 v 7 - Section 45 Gravel Gravel excluded in the definition of built-upon area Revise Stormwater Rules to exclude Gravel from the definition of built-upon area Temporary Rule in effect in the interim Gravel surfaces are considered pervious "Gravel" means a clean or washed, loose, uniformlygraded aggregate of stones from a lower limit of 0.08 inches to an upper limit of 3.0 inches in size.

8 Senate Bill 734 v 7 - Section 29 Standardize Regulatory Review Procedures Applies to DENR and local governments either approved by or delegated Requires DENR to develop Minimum Design Criteria (MDC) delineate Regulatory Authority and Suggestions If review is not done by a PE submitting party may request review be done by a PE

9 Senate Bill 734 v 7 - Section 54 Isolated Wetlands The amount of impacts of isolated wetlands under 15A NCAC 02H.1305(d)(2) shall be less than or equal to one acre of isolated wetlands east of I-95 for the entire project and less than or equal to 1/3 acre of isolated wetlands west of I-95 for the entire project. (currently 1/3 rd and 1/10 th acre) The mitigation ratio for impacts of greater than one acre for the entire project under 15A NCAC 02H.1305(g)(6) shall be 1:1 and may be located on the same parcel. (currently 2:1)

10 Senate Bill 734 v 7 - Section 57 Limitation on Environmental Rules An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule Unless required by: A serious and unforeseen threat to the public health, safety, or welfare. An act of the General Assembly or US Congress that expressly requires the agency to adopt rules. A change in federal or State budgetary policy. A federal regulation required by an act of the US Congress to be adopted or administered by the State. A court order.

11 Session Law House Bill 366 No county, city, or other political subdivision of the State shall adopt or continue in effect any ordinance or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning or its fire prevention or inspection authorities. Nothing in this section shall limit the authority of the DENR or the EMC to enforce water quality standards. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from adopting ordinances regulating fertilizers to protect water quality, provided that the ordinances have been approved by the EMC or the DENR as part of a local plan or NPDES permit.

12 Session Law House Bill 366 In order to fulfill the post-construction minimum measure requirement for linear transportation projects, including private transportation projects constructed to North Carolina Department of Transportation standards that will be conveyed to the State upon completion, a permittee, delegated program, or regulated entity may use the Stormwater Best Management Practices Toolbox developed by the North Carolina Department of Transportation.

13 Session Law House bill 573 Counties with a population of 910,000 or greater Authorized to 1) purchase property for the purpose of demolishing flood-prone buildings and 2) Implement flood damage reduction techniques that result in improvements to private property, to include: Elevating structures or their associated components. Demolishing flood-prone structures. Retrofitting flood-prone structures.

14 State Environmental Rules All programs are being reviewed Currently DENR has not been given a schedule

15 NPDES MS4 Program - EPA Stormwater Rule Being delayed indefinitely Focus will be on four new programs

16 NPDES MS4 Program - EPA Stormwater Rule 1. More reliance on partnerships with other Federal Agencies to support GI and LID e.g., DoD, DOT 2. Share GI and LID information with local governments Preparing documents and technical assistance Providing grants 3. Provide recognition and incentives EPA still in the exploratory phase 4. Strengthening MS4 Program Assisting local programs Strengthening Permits Working with unregulated MS4s to help them get on the right track Establishing mentors

17 NPDES MS4s Permits State will continue to work to build sustainable programs through partnerships Continue to rely on the six minimum measures State will continue to rely existing state programs to meet the six minimum measures EPA has encouraged requirements that local governments to implement parallel programs Continue to rely on an iterative process and on clear and measurable goals State sees the overall stormwater management program as an iterative process and the means to provide clear and measurable goals EPA still sees NPDES permits as an iterative process and the means to provide clear and measurable goals

18 New EPA process - audits every 5 years for all MS4s 12 - Lunch and Learns in 1 st Qtr of 2014 Take about 2 hours, exchange of ideas, what s working, what s not working. Verify Compliance and Identifying Non-compliance Facilitate Compliance Establish Sustainability 4 - Show and Go audits in 1 st Qtr of 2014 Local government provides a brief minute presentation on one or more of the minimum measure, followed by one or more site visits. Screen programs to determine if follow up is needed Facilitate Compliance Establish Sustainability 1 - Three Day Compliance Evaluation in 1 st Qtr of 2014 Day One Record Review Day Two Site visits to municipal operation, new development, stormwater control systems, and a construction site. Day Three Follow up interviews and closing comments Verify Compliance and Identifying Non-compliance Facilitate Compliance Establish Sustainability 0 - Voluntary Compliance Evaluation Program Day One Record Review Day Two Site Visits to municipal operation, new development, and a construction site. Day Three Follow up interviews and closing comments Verify Compliance and Identifying Non-compliance Facilitate Compliance Establish Sustainability 1 - EPA Audit in 1 st Qtr of 2014 Verify Compliance and Identifying Non-compliance Facilitate Compliance Establish Sustainability

19 Stormwater Programs Questions Mike Randall, Stormwater Program (919) Cell: (919) Photo by Vance Miller