Transcript Implementation of New Storm Water Rules and Implications

Implementation of New Storm
Water Rules and Implications
for NCBIWA Interests
Jim Spangler, President
919-546-0754 Raleigh
910-343-9375 Wilmington
Why be Concerned
About Stormwater?
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The pollution associated with stormwater runoff is the number one water quality problem
in North Carolina.
Various Runoff Rules and Laws
that Protect NC’s Waterway Uses:
NPDES Phase II(2003-2008)
NC Coastal Storm Water Law
(October 2008)
EPA CAFO Rules (October 2008)
NPDES Phase II
• Certain Municipalities and Counties with large or
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concentrated populations required to develop
internal storm water management plans and
regulate storm water dischargers
Pre- and Post-construction Runoff
Working Waterfronts Included
Streamlined the Regulatory Process for
Dischargers—one agency/one permit
Coastal Storm Water Law (SL 2008211 (Senate Bill 1967))
Brief History:
• NC EMC Adopted New Rules on 1/10/08 that rewrote the 1995 NC Coastal Storm Water Rules
• SL disapproved Rules adopted by the NC EMC
• SL was Ratified by both House and Senate and
Signed into Law by the Governor on August 9,
2008, and became effective October 1, 2008.
Why Did the EMC Change
The 1995 Rules?

Comprehensive study demonstrated existing
rules not effectively protecting water quality.

G.S. 143-214.7 – Stormwater Legislation
• Mandates EMC monitor waters and revise
rules “as necessary” to protect
Source: September 2008 NCDENR DWQ Workshop Presentation
Major Areas of Change
 Coverage – ALL Non-residential development that adds
>10,000 s.f. built-upon area
 Strengthens Low Density Thresholds
 Strengthens “Design Storm” Requirements
 Protects Wetlands via Impervious Surface Calculations
 Increased Vegetative Buffer Size, BUT, EXEMPTED: Upland
Marinas and development of urban waterfronts from
Buffer Restrictions
Coverage Threshold
 E&SCP or CAMA Major Permit Required - Remains
 EMC Lowered 10K sq. ft. Disturbed - Non-Residential
 Session Law – 10K sq. ft. of Built-Upon – Non Residential
 Residential Coverage
• 10K sq ft Built-Upon and >12% Built-Upon Near SA Waters Only
• rainwater harvesting, permeable pavement, rain gardens, etc.
Density and Design Storm
Within ½ mile & draining to shellfishing (SA) waters
New S.L.
Old Rule
12 %
25 %
High Density Storm
Control
1 yr 24 hr storm
Runoff from
1.5 inch rain
Other
No discharge for
1 yr 24 hr storm
No discharge for
1.5 inch Rain
Low Density BUA
S.L. 2008-211 retains EMC proposed requirements
Density and Design Storm
Not within ½ mile and draining to shellfish waters.
Low Density
(BUA)
Control Req.High Density
Adopted
Old Rule
24%
30%
Runoff from
1.5” of rain.
Runoff from
1.0” of rain.
S.L. 2008-211 retains EMC proposed requirements
Wetlands and Impervious
Calculations

Wetlands in Built-upon Area Calculations
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EMC Rule Excluded All Wetlands

Session Law Excludes Only Coastal Wetlands
as defined by DCM rules
Setback Revision

Applies to Both High and Low Density Projects

Remains at 30 feet for redevelopment

Expanded to 50 feet for new development

Not a “no touch” buffer, can be cleared and replanted.

Doesn’t Change NSW Buffers

Session Law Retains EMC Proposed Setbacks EXCEPT for “urban
waterfronts” and “upland marinas”
EPA Concentrated Animal Feedlot
Operations (CAFOs)
• October, 2008
• EPA estimates CAFO regulations will
prevent 56 million pounds of phosphorus,
110 million pounds of nitrogen, and 2
billion pounds of sediment from entering
streams, lakes, and other waters annually
• Zero discharge standard and requiring
site-specific management plans
New CAFO Permit Requirements
• Nutrient Management Plan must be submitted
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with permit application
Issued Permit requires compliance with Plan—
this is a new enforcement mechanism
Management plan and proposed permit
application open to public review and comment
The rule deadline for newly defined facilities to
apply for permits is February 27, 2009.
Practical Implications
• MIGHT improve water quality—but there are no
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provisions for monitoring this (Instead, these rules are
command-and-control, rather than performance-based).
WILL increase development cost in terms of $ and time
–to-permit (ex.: rain barrels have to be “designed”—and
under NC law design has to be performed by a licensed
Professional Engineer).
WILL require increased tax burden to offset regulatory
enforcement initiatives (ex.: no staff currently inspecting
CAFO’s for NMP compliance—because NMP’s are
presently not required in order to get a permit).
WILL preserve undeveloped open-space near waterways.
Jim Spangler, President
919-546-0754 Raleigh
910-343-9375 Wilmington
[email protected]
Toll Free 1-866-SPANGLER
THANK YOU NCBIWA !