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06/07/05 BOCC Agenda Item, NPDES Phase II MOA Attachment 2 6 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ee~n~P o, o Administration ~;` , ~~;;, 'A 306E Revere Road (919) 245-2575 '~ ,., _Q >> P O Box 8181 (919) 644-3002 (FAx) ~ Hillsborough, www.co.orange.nc.us '""°«e e.~~~`°° North Carolina, 27278 MEMORANDUM TO: Demetric Potts, Assistant Town Manager, Hillsborough TROM: Will Autry THROUGH: Craig Benedict DATE: 10/07/04 SUBJECT: NPDES Phase II stormwater Implementation for Hillsborough COPIES: Margaret Hauth, Hillsborough; Iolm Link, Ren Ivins ATTACHED: Hillsborough Phase II Implementation Schedule In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Clean Water Act. Phase I of the NPDES stormwater program was established in 1990, It required NPDES permit coverage for lazge or medium municipalities that had populations of 100,000 or more, Phase II of the NPDES stormwater program was signed into law in December 1999. This regulation builds upon the existing Phase I program by requiring smaller communities, also known as municipal separate storm sewer systems (MS4s), to be permitted. The Town of Hillsborough was designated in the 2000 census as a Phase II MS4, and made Phase II permit application in May 2004. Recently passed Senate Bill 1210 clarified some timetables for implementation of Phase II regulations. The Division of Water Quality (DWQ) is required to issue a draft permit for Hillsborough by May 1, 2005.. After a brief period for public conmrents and participation, DWQ will issue the final permit. Hillsborough will be required to implement post-construction stormwater management controls within 24 months from the effective date of the permit, and the remaining permit requirements must be put in place within five years fiom the effective date of the permit. Orange County would like to implement the Phase II program for the Town according to an annual contract, which could provide the Town a substantial cost savings, and through cooperation provide for more efficient achievement of our mutual water quality goals. The cost savings provided could also allow Hillsborough to achieve an expedited schedule for' the implementation of each of the minimum measures required by DWQ. Attached is the Hillsborough Phase II hmplementation Schedule, a table that describes the proposed BMP's to be accomplished during each year after the permit is issued. Please be aware that these years are neither calendar years nor fiscal years, but rather years from the effective