AGENDA #4e
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: National Pollutant Discharge Elimination System - Phase 2 Permit Application
DATE: February 24, 2003
Adoption of the attached resolution would authorize the Town Manager to submit the National Pollutant Discharge Elimination System-Phase 2 (NPDES-II) permit application as required under the Federal Clean Water Act.
The Town of Chapel Hill has been identified in the Federal Register as an urbanized area and an owner/operator of a municipal separate storm sewer system (MS4) pursuant to Federal Regulation 40 CFR 122.26(b)(8). Based on this designation, and on North Carolina Administrative Code 15A NCAC 2H .0126 Stormwater Discharges, the Town must submit an NPDES-II permit application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, by March 10, 2003.
The regulations allow for flexibility at the local level, where the minimum measures and associated Best Management Practices (BMP’S) can be tailored to the needs and goals of the local community. The attached permit application includes basic BMP’s that would allow the Town to address the six minimum measures in an effective and practical way and at a reasonable cost. Many of the policy issues and implementation procedures associated with elements of the NPDES-II permit application will be addressed during the Stormwater Utility development process that the Council has authorized us to begin working on this winter.
The six NPDES-II minimum measures involve program development and associated responses to the following:
Public Education and Outreach: Targets schools, businesses and the community-at-large with information about stormwater management, pollutants, etc.
Public Involvement/Participation: Includes the January 22, 2003 Public Hearing as well as continuing involvement opportunities such as committee participation, stream clean-ups, etc.
Illicit Discharge Detection and Elimination: Includes mapping the storm sewer system and finding and removing non-stormwater inputs to the system.
Construction Site Stormwater Runoff Control: Includes means and measures to reduce stormwater pollution from construction sites where land is disturbed.
Post-construction Stormwater Management: Includes means and measures to reduce stormwater pollution from developed sites following construction.
Pollution Prevention/Good Housekeeping: Includes evaluation of existing programs and development/implementation of new operations and maintenance programs intended to prevent and/or reduce pollution from municipal operations, including applicable education of personnel and modification of operational and maintenance activities to reduce pollution.
The permit application describes practices and procedures that the Town proposes to use to address the required minimum measures, including implementation deadlines and measurable goals. We expect to improve and supplement these practices and procedures as the Town’s Stormwater Management Program is further developed with implementation of a local stormwater utility.
PUBLIC HEARING
A Public Hearing on the NPDES-II permit application was held on January 22, 2003, providing an opportunity for citizens with an interest in this matter to provide comments and questions for consideration by the Town Council prior to taking action on the permit application. No public comments were received during the Hearing. One Council member noted additional receiving streams that should be listed in the application document. These streams have now been included in the application.
Upon receipt and review of the Town’s permit application, the State will either issue the permit or advise us of changes needed in the application prior to issuance of a permit. We have not received a time table for the State’s review of applications.
CONCLUSION
Adoption of the attached resolution would authorize the Town Manager to submit an NPDES-II permit application for then Town, as required by law.
ATTACHMENTS
1. NPDES-II
Permit Application Documents (p. 4).
Permit Application (including Section X
Table of Contents
Section X: Stormwater Management Report and Attachments
A resolution authorizing the Town of Chapel Hill to submit a National Pollutant Discharge Elimination System-Phase II (NPDES-II) permit application as required by the Clean Water Act and North Carolina Administrative Code 15A NCAC 2H .0126 Stormwater Discharges (2003-02-24/R-5)
WHEREAS, a permit application has been prepared, as required by law, responding to the requirements of the NPDES-II regulations; and
Whereas, the Council held a Public Hearing on January 22, 2003 to receive comments on the permit application; and
Whereas, the Council believes that the permit application includes reasonable practices and procedures to address the six minimum measures required by the NPDES-II regulations; and
Whereas, the Council wishes to programmatically improve surface water quality in Chapel Hill;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Manager is directed to submit the Town’s National Pollutant Discharge Elimination System (NPDES-II) permit application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, on or before March 10, 2003.
This the 24th day of February, 2003.