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

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06/07/05 BOCC Agenda Item, NPDES Phase II MOA Attachment 1 4 Phase II Memo 09/14/04 6. pollution preventior>/good housekeeping for municipal operations. The State is required to administer the prograni in the radii around municipalities, but only measures four and five will be required in these areas.. There are still a number of uncertainties about the implementation requirements.. Senate Bill 1210 directs DENR to send a draft NPDES stormwater permit to public notice by November 1, 2004 for all applications from municipal separate storni sewer systems located in cities and counties designated under the 1990 census (Garrboro, Chapel Hill, Mebane). It also requires that DENR send a draft permit to public notice by May 1, 2005 for' applications from those located in cities and counties designated under the 2000 census (Hillsborough). The municipalities must implement measure five (post-construction stormwater management for new development and redevelopment) within 24 months after receiving the NPDES permit. The other minimum measures will not be required until five years after permit receipt. It is uncleaz whether or not the State will eventually conduct measure tlmee in the areas surrounding the municipalities, and pending and future lawsuits could still change these requirements or timetables.. With all these questions in the air, the attached map and tables attempt to describe the effects in Orange County. Please note drat through initiatives entirely sepm°ate fi onr Phase II, measure four (constr°uctiar site storn:watw~ runoff eonh•ol) is currently being conducted County-wide by the Erosion C,orrtrol division, and rrreasure five (post-construction stormwater management for new development and redevelopment) is being, at least partially, adds°essed by the Stor°nrwater Ordinance for Lands Within the Neuse River Basin. Table 1 describes the minimum implementation measures for Phase II, color-coded by map area, including the responsible agent. This is based on interpretations from Senate Bill 1210. Please note that Orange County is not required to do anything by the Phase II regulations, On the other hand, Table 2 corresponds to map areas in which Orange County could request delegated authority from the State to implement the Phase II requirements. This is obviously dependent on cooperative agreeurents aud, fru:ding arrangements witlriu the Torvns',jarisdictions /ETD's, and would reRuire an immediate aad thorough dialogue with staff members, upper uranageu:eut, mrd elected officials. This could be proposed to the Towns as acost-saving arrangement, since implementation costs for these requirements are not funded through developer permit fees. For example, if Hillsborough and Carrboro could contract with Orange County for these services, the combining of efforts toward the implementation costs could save each party, and have a comprehensive regional benefit Major questions, which should be addressed at this time, include: 1, What interest might each of the Towns have in executing such a cooperative endeavor? 2. If Mebane were interested, would the services extend beyond Orange County? 3. How many staff members would be required to carry out these new responsibilities? 4. What would the cost of the services be for each Town? 5. How would the cost be funded for areas outside of the Towns? There is a great sense of urgency in addressing these questions. Because each of the Towns is preparing to meet these requirements, the offer of these services before they create or fill positions is prudent in order for them to experience acost-saving benef t. Chapel Hil] has already