Agenda - 06-07-2005-9c - Laserfiche WebLink

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WORTH CAROL ALB ERT COATES LOCAL GOVERNMENT CENTER 115 NORTH OAWSON STREET RAIEIGH. NORTH CAROLINA2760I PO BOX 3069 (27601-3069) ~a~ q LEAGUE OF PR AJ W ICIPALITI~ES PHONE(919j 715A000 PROMOTING EXCELLENCE IN LOCAL GOVEANMENT FAX: (919)7]3A519 NhNN.NC1M.OhG TO: Mayors, Managers, Clerks, and Attorneys FROM: Anita Watkins, Manager of State and Regional Affairs DATE: July 28, 2004 RE: Phase II Stormwater Legislation - SB 1210 In 1999, the U.S, Environmental Protection Agency adopted the Phase II Stormwater Regulations to improve water quality through the treatment and control of'stormwater. The rules are the second phase of rules designed to apply to urbanized and urbanizing areas, The Phase I stormwater rules applied to the nation's largest metropolitan areas including 6 cities and 1 county in North Carolina, The Phase II rules currently apply to 12.3 medium and small municipalities located in federally defined urbanized areas. The federal rules directed states to implement and enforce the federal requirements including the implementation of six minimum measures in the urbanizing areas, These six measures are public education and outreach, public participation, illicit discharge detection and elimination, construction site stormwater runoff control, post-construction stormwater management in new development and redevelopment, and pollution prevention/good housekeeping for rnunicipai operations. North Carolina began rulemaking proceedings in 2000 to adopt the standards and essential program elements required by the federal law, In 2001, temporary rules were adopted by the Environmental Management Commission (EMC, a citizen commission charged with adopting environmental regulations). In 2003, the rulemaking proceedings Failed when subsequent permanent rules adopted by the Enviromnental Management Commission were not approved by the Rules Review Commission, The lack of state rules ]eft cities and counties subject to the federal requirements in a bind. As requested by the League of Municipalities, the General Assembly recently adopted legislation to address implementation of the federal Phase IT stormwater requirements. SB 1210 -Phase II Stormwater Management-1 was ratified by the House and Senate and has been presented to the Governor. Because the bill passed the General Assembly near the end of the session, the Governor has until August 17 to act. The bill becomes law if'he signs it or takes no action on it before midnight on that date. The legislation protects local governments from potential federal enforcement or tlTird party lawsuits, sets standards far implementation, exempts municipalities with a population less than 1,000, provides for a fair and equitable approach to implementation by ensuring that cities will not be solely responsible for controlling and treating stormwater, provides for federally mandated processes to bring new cities under the Phase II program, sets clear implementation PPEflO(3tf:L SiEV/AAT ALNtET M4YOR WAWNLTDN {iR4Tl1C': PPES':OB{F:jUYCIlYNV f01fNS01{COVNDI.YiY5E0. WNSi0N~5l1FM^ ANNDN¢PP6IDINF:6WJ£f 0.WOILLEY, MAYDRAWc'ILLE• FKEn!<M DffKiOk S. klLLS IUNgNS