Agenda - 01-27-2009 - 3 - Laserfiche WebLink

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10 Stormwater- Existing Development Perhaps the most significant impacts of the nutrient rules for local governments are the provisions to address existing development. For this purpose, all reduction activities and measures implemented before 2001 are considered to be "existing" and do not qualify towards meeting the mandated reduction goals. The basis for new reduction measures to "retrofit" existing development is the expectation (based on modeling) that the rules for new development (as described above) will not be sufficient to meet the overall nutrient reduction target rates that modeling has demonstrated to be needed. This rule will have substantial impacts in the Upper New Hope Arm, primarily for the urban areas. All local governments are required to implement nutrient loading reduction measures on existing developed lands to meet the reduction targets. Based on current schedules, within three and one-half years (presumed to be July 2012 or later), Orange County would need to develop a stormwater program, which would include a Load Reduction Program and an Existing Development Administration Program. These programs would detail proposed reduction measures on existing development and would need to be approved by NCDWQ and the EMC. The local program must include: • Proposed implementation rate • Nature of program (actions), and • Overall compliance timeframe. Within four and one-half years of the rules effective date (possibly as early as July 2013), implementation of the load reduction measures in the program would begin, with public education and illegal discharge elimination to start within six months of EMC approval of the NCDWQ model local program, possibly as early as January 2012. The rules as revised would require that half of the reduction goals be met within 10 years (by July 2019), with an option to propose an alternative timeframe if supporting technical documentation for the alternative is provided. At the July 2019 ten-year mark, the County would also be required to implement a revised load reduction program to address the remaining reduction needs which have not been met. Local governments may also now use private sellers of reduction credits as identified in the preceding section, and the County may identify high- loading catchment technologies and measures and treat proportionally for greater credit. The County would be required to submit annual reports of program activity. NCDWQ has identified a number of potential measures to accomplish the needed level of nutrient reduction for existing development that include (but are not limited to): • Improvements to existing retention/detention ponds and stormwater structures, 8