1 submitting the program that it has been approved, approved with modifications, or 



2 disapproved. The Department shall only approve a program upon determining that its 



3 standards equal or exceed those of this act and the six minimum control measures 



4 required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). If the 



5 Department determines that any local government is failing to administer or enforce an 



6 approved stormwater management program, it shall notify the local government in 



7 writing and shall specify the deficiencies of administration and enforcement. If the local 



8 government has not taken corrective action within 30 days of receipt of notification 



9 from the Department, the Department shall assume administration and enforcement of 



10 the program until such time as the local government indicates its willingness and ability 



1 1 to resume administration and enforcement of the program. 



12 SECTION 6. Phase II Stormwater Implementation Deadlines, - 



13 (1) For a permit application submitted by a local government that was 



14 designated as an urbanized area under the 1990 census by the Bureau 



15 of the Census, the Department of Environment and Natural Resources 



16 shall send a draft permit decision to public notice by 1 November 



17 2004. 



18 (2) For a permit application submitted by a local government that was 



19 designated as an urbanized area under the 2000 census by the Bureau 



20 of the Census, the Department of Environment and Natural Resources 



21 shall send a draft permit decision to public notice by 1 May 2005. 



22 (3) A local government shall adopt post-construction stormwater 



23 management measures that become effective within 24 months after 



24 the date on which a permit is issued. 



25 SECTION 7. Designation Process - The provisions of proposed 15A NCAC 



26 2H .0151 (Public Entity Designations) as adopted by the Environmental Management 



27 Commission on 1 1 December 2003 shall govern the designation of local governments 



28 not designated as urbanized areas imder the 1990 or 2000 census by the Bureau of the 



29 Census that must obtain a Phase II National Pollutant Discharge Elimination System 



30 (NPDES) permit for stormwater management. 



31 SECTION 8. Petition Process - The provisions of proposed 15A NCAC 2H 



32 .0152 (Petitions) as adopted by the Environmental Management Commission on 11 



33 December 2003 shall govern the process by which a petition may be submitted to the 



34 Department of Enviroimient and Natural Resources to require a local government to 



35 obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for 



36 stormwater management. 



37 SECTION 9. Design Manual; Model Ordinance. - Consistent with G.S. 



38 150B-2(8a)h., the Division of Water Quality, in consultation with the Division of Land 



39 Resoiu-ces, Division of Soil and Water Conservation, and North Carolina State 



40 University, shall develop a design manual to assist local governments in determining 



41 which controls are best suited to the unique characteristics of the jurisdiction. Pursuant 



42 to G.S. 143-214.7(c), the Environmental Management Commission shall develop a 



43 model ordinance in cooperation with local governments that shall include both 



27 



