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Agenda - 06-07-2005-9c
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Agenda - 06-07-2005-9c
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Last modified
8/29/2008 4:12:16 PM
Creation date
8/29/2008 10:30:56 AM
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BOCC
Date
6/7/2005
Document Type
Agenda
Agenda Item
9c
Document Relationships
2005 S ERCD - MOA-Hillsborough & Orange Co-National Pollutant Discharge Elimination System Phase II
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2005
Minutes - 20050607
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
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~~ <br />- Municipalities designated pursuant to the designation or petition process will have .36 <br />months from the date of'permit issuance to implement post-construction controls. The <br />other five federally mandated measures must be implemented within 5 years of permit <br />issuance. The other five measures are public education and outreach, public <br />participation, illicit discharge detection and elimination, construction site storm water <br />runoff control, and pollution prevention/good housekeeping for municipal operations. <br />- Stormwater controls in the unincorporated areas must be implemented by July I, 2006. <br />Imnlementation Toots <br />The legislation provides local governments with several tools necessary for implementation. <br />Local governments will have the option to be covered under a general permit to be developed by <br />L)ENR consistent with the standards in the temporary rule or to receive an individual permit, <br />L)ENR will also develop a model ordinance and design manual by .July 1, 2005, The League and <br />representative local governments will work closely with the department on the development of <br />all of these tools. <br />Vested Rights <br />The legislation does not alter how vested rights to continue development are ordinarily <br />established. It provides that if the post-construction measures are implemented by a zoning <br />ordinance, vested rights are to be determined as provided in G.S. 160A-.385.1 and other existing <br />applicable provisions of statutory and common law. To the extent that post-construction <br />measures are implemented by means other than a zoning ordinance (such as an ordinance under <br />general police powers), vested rights are determined as provided by existing applicable statutory <br />and common law. <br />A copy of the legislation, a list of the Phase II municipalities, and a map of the areas now subject <br />to the Phase II requirements are on the League website; www.nclm.or~, Please direct any <br />questions to Anita Watkins or ICim Hibbard on the League's staff <br />
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