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

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~3 construction stormwater standards, regardless of whether they are located inside or outside of municipal boundaries. The original version of the bill would have required regulation throughout the 3.3 federally designated counties. Based on opposition from ]cey senate members and several stakeholder groups, compromise legislation was developed. The compromise legislation struck a balance between regulating entire counties or only municipalities. Areas to be covered include municipalities and unincorporated areas designated as urbanized according to the 1990 or 2000 U.S. census, and areas surrounding the designated municipalities based on the formula utilized to delineate potential extraterritorial,jurisdiction (ETJ). The legislation also provides that the program must be implemented countywide once 85 percent of the area in a county is covered by the Phase II regulations. Although Phase II cities must implement all six minimum measures within their corporate limits, in their established ETJ they will only be required to implement those measures that comport with municipal authority in the extraterritorial jurisdiction. This means that the focus in the ETJ should be primarily on measures related to land use, including the construction site storrnwater control and post-construction measures, The state will be required to implement the program in the delineated unincorporated areas, including areas where a city leas not exercised its ETJ authority. Counties can voluntarily request delegation from the state in the areas where the state will implement the program. Counties also have the option to implement the program countywide or solely in those urbanized areas delineated in the legislation. Federally Mandated Designation and Petition Processes The federal rules required states to establish processes by which additional public entities would be added to the Phase II program, The legislation enacts the designation and petition processes with provisions that are substantially similar to those in the rules adopted by the EMC. These procedures protect cities and towns by establishing standards for the state to use in considering the regulation of additional public entities. Dates for Implementation - For municipalities designated according to the 1990 census, the state will issue draft permits for public comment by November 1, 2004, Permits will be issued after a period of public comment and participation. - For rnunicipalitiesdestgnated according to the 2000 census, the state will issue draft permits for public comment by May 1, 2005.. Permits will be issued after a period of public comment and participation. - Municipalities designated according to the 1990 or 2000 censuses will have 24 months from the date they receive a permit to implement post-construction controls. The other five federally mandated measures must be implemented within 5 years of permit issuance. The other five measures are public education and outreach, public participation, illicit discharge detection and elimination, construction site storm water runoff control, and pollution prevention/good housekeeping for municipal operations.