1 SECTION 2. New Development. - New development or redevelopment in 



2 any area designated as an urbanized area under the 1990 or 2000 census by the Bureau 



3 of the Census or under procedures established in Section 7 of this act, and located in a 



4 local jurisdiction that does not administer either a Phase II National Pollutant Discharge 



5 Elimination System (NPDES) permit for stormwater management or a local stormwater 



6 management program approved pursuant to Section 5 of this act shall comply with the 



7 standards set out in Section 10 of the temporary rule adopted by the Environmental 



8 Management Commission on 10 October 2002. The Department of Environment and 



9 Natural Resources shall administer and enforce these standards in these areas. 



10 SECTION 3. Coordination of Phase II and other Stormwater Management 



1 1 Programs. - In any circumstance where any stormwater control requirement under a 



12 Phase II National Pollutant Discharge Elimination System (NPDES) stormwater 



13 management permit conflicts or overlaps with any stormwater control requirement 



14 under any other water quality program, the more stringent requirement shall apply. The 



15 Secretary of Environment and Natural Resources or the Secretary's designee shall 



16 resolve any dispute as to whether there is a conflict or overlap between or among 



17 stormwater management requirements and shall determine which requirement shall be 



18 deemed the most stringent. 



19 SECTION 4. General Permit. - After the Department of Environment and 



20 Natural Resources has issued a Phase II National PolL .jit Discharge Elimination 



21 System (NPDES) general permit for stormwater management, a local govenmient that 



22 has applied for a permit under Section 1 of this act may submit a notice of intent to be 



23 covered under the general permit to the Department. The Department shall treat an 



24 application for a permit under Section 1 of this act as an application for an individual 



25 permit unless the applicant submits a notice of intent to be covered under a general 



26 permit under this Section. 



27 SECTION 5. Voluntary Delegation to Local Governments. - A local 



28 government whose jurisdiction includes an area designated as an urbanized area under 



29 the 1990 or 2000 census by the Bureau of the Census or a local government designated 



30 pursuant to Section 7 of this act may submit to the Department of Environment and 



31 Natural Resources for its approval a stormwater management program for its 



32 jurisdiction, and to this end local governments are authorized to adopt ordinances and 



33 regulations necessary to establish and enforce stormwater management programs. Local 



34 governments are authorized to create or designate agencies or subdivisions of local 



35 government to administer and enforce the programs. An ordinance adopted by a local 



36 government shall at least meet and may exceed the minimum requirements of this act 



37 and the six minimum control measures required by 40 Code of Federal Regulations § 



38 122.34(b) (1 July 2003 Edition). Two or more units of local government are authorized 



39 to establish a joint program and to enter into any agreements that are necessary for the 



40 proper administration and enforcement of the program. The resolutions establishing any 



41 joint program must be duly recorded in the minutes of the governing body of each unit 



42 of local government participating in the program, and a certified copy of each resolution 



43 must be filed with the Department. The Department shall review each program 



44 submitted and within 90 days of receipt thereof shall notify the local government 



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