- NCDENR Stormwater and Runoff Pollution website-
This web site is designed for local governments in North Carolina implementing Phase II stormwater programs. The purpose of this site is to provide information about Phase II local storm water program.
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- How to Do Phase II - Home-
This web site is designed for local governments in North Carolina implementing Phase II stormwater programs. The purpose of this site is to provide an on-line handbook about how to take the Phase II permit, which provides the foundation, and custom-build an effective Phase II local storm water program.
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Program Background
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Clean Water Act. Phase I of the NPDES stormwater program was established in 1990. It required NPDES permit coverage for large or medium municipalities that had populations of 100,000 or more. In North Carolina, there are six Phase I communities. The Phase II program extends permit coverage to smaller (< 100,000 pop.) communities and public entities that own or operate a municipal separate storm sewer system (MS4).
Program Authority and Implementation
Phase II of the NPDES Stormwater program was signed into law in December 1999. This regulation builds upon the existing Phase I program by requiring smaller communities and public entities that own and operate an MS4 to apply and obtain an NPDES permit for stormwater discharges. The program was first implemented in the State by temporary rulemaking. During the process to make permanent rules, both the temporary rules and the permanent rules were rejected by the Rules Review Commission in early 2004. In response to the legal issues surrounding Phase II implementation, the NC State Legislature passed Session Law 2004-163 (Senate Bill 1210) in July of 2004. The Bill provided the Environmental Management Commission (EMC) the authority and guidelines for implementing the Phase II program in NC. A summary of the Bill has been provided by NC-DENR. The Bill references the Temporary Rule Section 10 for regulations regarding the post-construction minimum measure.
In 2006, in response to stakeholders meetings held from 2004 through 2006, the North Carolina General Assembly enacted Session Law 2006-246 to which replaced Session Law 2004-163 and provides legislation for implementation of Phase II Stormwater Management Requirements. This act establishes procedures for implementing the federal National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting program for small communities in census designated urbanized areas. In addition to permitting requirements for Municipal Separate Storm Sewer Systems (MS4s), the act established post-construction stormwater management requirements, in both unincorporated and incorporated areas), for development activities in areas outside of the permitted MS4s. The act requires that new development and redevelopment in these areas must meet the post-construction requirements beginning July 1, 2007. Permits under this program will be issued by the Division of Water Quality under the State Stormwater Permitting Program to regulate the design, construction, operation and maintenance of required measures
Who is designated for coverage in the Phase II program?
Federal law (40CFR 122.32) requires communities and public entities that own or operate an MS4 and that satisfy either of the following two conditions to obtain an NPDES Phase II stormwater permit:
1. The MS4 is located in an urbanized area as determined by the latest Decennial Census of the Bureau of the Census. To see detailed maps of the urbanized areas in North Carolina follow this link.
2. The community or public entity is designated by the NPDES permitting authority (in NC, the EMC).
Currently, Session Law 2006-246 provides the guidelines for how the EMC can designate communities and public entities in NC. This process follows a basin planning schedule.
In the federal rulemaking process, counties with urbanized areas in their jurisdiction and other counties with large populations were required to obtain Phase II permits and implement throughout their jurisdiction. These counties were designated because of the rapid development that is occurring in these counties and the potential for adverse water quality impacts. However, in North Carolina the Department of Transportation owns all of the county roads and the associated MS4s. Several stakeholders argued that the counties should not be required to obtain Phase II permits for the county's entire jurisdiction. Those stakeholders felt the program should only be applied in the US Census urbanized areas where the county owned an MS4.
As a result Session Law 2006-246 delineates a 'municipal sphere of influence' (MSI) where the post-construction minimum measure will be implemented. The MSIs extend 1-3 miles beyond the jurisdiction of permitted municipalities. A statewide map has been prepared that shows the statewide urbanized areas and the MSIs where the program is to be implemented.
The potential ETJ area of a Phase II municipality is the area extending 1-3 miles beyond its boundaries, depending on the population of the city. If the municipality is not actually exercising its planning and zoning authority throughout the entire area allowed by statute, then DWQ is to implement the post-construction stormwater management requirements in the area not regulated by the municipality.
Tipped in Counties
Counties are “tipped in” where the county is subject to stormwater management programs administered by the Division equal or exceed seventy-five percent (75%) of the total geographic area of the county.
Counties are also are “tipped in” where the county contains an area that is designated as an urbanized area under the 1990 or 2000 federal decennial census and has an actual population growth rate that exceeded the State population growth rate for the period 1995 through 2004.
Development projects in the tipped counties must apply for and receive a permit from the DWQ for post-construction stormwater control, if it meets the following provisions:
- Is new development or redevelopment that will cumulatively disturb an acre or more of land,
- Is located in an unincorporated area beyond a Phase II municipality, and
- Is located within an area designated as an MSI, UA, or a County that is “tipped in.”
Please refer to the list of counties that are tipped in to Phase II.
What is required under a Phase II permit?
EPA regulation (40CFR 122.34) requires permittees at a minimum to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable. The stormwater management program must include these six minimum control measures:
1. Public education and outreach on stormwater impacts |
2. Public involvement/participation |
3. Illicit discharge detection and elimination |
4. Construction site stormwater runoff control |
5. Post-construction stormwater management in new development and redevelopment |
6. Pollution prevention/good housekeeping for municipal operations |
What is the status of the permit process for the Phase II communities and entities now (as of 2/10/05)?
Individual and general draft permits have been developed for point source discharges of stormwater from small municipal separate storm sewer systems discharging to the waters of North Carolina. Both the individual and general draft permits have been made available for public comment. Follow this link to see information about both the individual and general permits. .
Where is additional information about the Phase II program available?
If you have comments or suggestions, contact SWGPU Webmaster
Page last updated April 18, 2007
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