BILL DRAFT 2003-SBz-31 [v.Sl (4/28) 

 Phase II Stormwater Management-l 



1 A BILL TO BE ENTITLED 



2 AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF FEDERAL PHASE II 



3 STORMWATER MANAGEMENT REQUIREMENTS, AS RECOMMENDED BY 



4 THE ENVIRONMENTAL REVIEW COMMISSION. 



5 The General Assembly of North Carolina enacts: 



6 SECTION 1. Phase II Stormwater Permit Application and Standards. - An 



7 application for a Phase 11 National Pollutant Discharge Elimination System (NPDES) 



8 permit for stormwater management submitted by a local government designated as an 



9 urbanized area under the 1990 or 2000 census by the Bureau of the Census shall be 



10 deemed timely received if the application was submitted to the Department of 



1 1 Environment and Natural Resources in accordance with the application schedule set out 



12 in Section 6 of the temporary rule adopted by the Environmental Management 



13 Commission on 10 October 2002. To obtain a Phase II National Pollutant Discharge 



14 Elimination System (NPDES) permit for stormwater management under this Section, an 



15 applicant shall develop, implement, and enforce a stormwater management plan 



16 approved by the Department that satisfies the six minimum control measures required 



17 by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). The evaluation 



18 of the post-construction stormwater management measures required by 40 Code of 



19 Federal Regulations § 122.34(b)(5) (1 July 2003 Edition) shall be conducted as 



20 provided in Section 10 of the temporary rule adopted by the Environmental 



21 Management Commission on 10 October 2002. A municipality with a population of 



22 less than 1,000, including a mimicipality designated by the 1990 or 2000 census, is not 



23 required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) 



24 permit for stormwater management unless the municipality is shown to be contributing 



25 to an impairment of State waters, as determined under the requirements of § 33 U.S.C. 



26 1313(d). 



25 



