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24 <br />Al=mtcP Cra=tq <br />OFFICE OF THE COUNTY ATTORNEY <br />�+ <br />124 WEST ELM STREET <br />S.C.Kitchen GRAHAM, NORTH CAROLINA 27253 <br />COUNTY ATTORNEY TEL. (919) 228.1312 Elizabeth A Hansen <br />CLERK TO THE BOARD FAX (919) 570.3264 HUMAN RESOURCES ATTORNEY <br />COMMENTS ON PROPOSED REVISIONS TO WATER SUPPLY RULES <br />ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION <br />ON DECEMBER 13, 1990 <br />The following comments are made on behalf of the County of <br />Alamance regarding the proposed revisions to the Water Supply <br />Rules and Proposed Model Water Supply Watershed Management and <br />Prevention Ordinance: <br />STORMWATER DISCHARGES <br />The proposed rules have included control of stormwater <br />discharges as well as non -point source pollution. To the extent <br />the rules endeavor to do this, it exceeds the statutory authority <br />granted by G.S. S 143- 214.5(b).. The General Statutes give the <br />Commission rule- making authority to "adopt rules for the <br />classification of water supply watersheds and that establish <br />minimum statewide water supply watershed protection requirements <br />applicable to each classification to protect surface water <br />supplies by (i). controlling development density, (ii) providing <br />for performance -based alternatives to development density <br />controls that are based on sound engineering principles, or (iii) <br />a combination of both (i) and (ii).11 There appears no enabling <br />language to develop rules which regulate the discharge of storm - <br />water, and specifically no authority to require, as is done in <br />.0104(v), local governments to implement comprehensive non -point <br />source and stormwater discharge control programs. Additionally, <br />the requirement that local governments develop and enforce <br />programs regulating forestry, landfills, mining, toxic and <br />hazardous materials, and transportation all exceed both the <br />authority of the Environmental Management Commission and the <br />authority of local governments. <br />SILVICULTURE AND AGRICULTURE <br />The requirement set forth in .0104(g) that there be <br />maintained a ten foot vegetated buffer along all perennial waters <br />for all agricultural activities exceeds the authority of the <br />Environmental Management Commission as provided in G.S. 5 143- <br />214.5. Further, to the extent that paragraphs (g) and (u) are <br />intended to require local governments to enforce best management <br />practices, these rules exceed the authority of the Environmental <br />Management Commission and are in direct contravention of G.S. S <br />153A -340. The primary enforcement tool of local governments in <br />these areas is its zoning powers. G.S. 5 153A -340 specifically <br />states that the zoning power of the county is limited. The exact <br />language reads as follows: "These regulations may not affect <br />40% Recvcled Paoer <br />