North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1018 - URBANIZING AREAS: DELEGATION

Current through Register Vol. 39, No. 2, July 15, 2024
A public entity that does not administer the requirements
					 of a NPDES MS4 permit for stormwater management throughout the entirety of its
					 planning jurisdiction and whose planning jurisdiction includes a regulated
					 coverage area pursuant to Rule .1016 of this Section may submit a stormwater
					 management program for its regulated coverage area or a portion of its
					 regulated coverage area to the Commission for approval pursuant to
					 G.S.
					 143-214.7(c) and (d). One
					 paper copy of the stormwater management program shall be submitted to the
					 Division. The stormwater management program shall include an ordinance or
					 regulation adopted by a public entity that meets or exceeds the minimum
					 requirements of Rules .1003 and .1017 of this Section. Two or more public
					 entities are authorized to establish a joint program and to enter into
					 agreements that are necessary for the proper administration and enforcement of
					 the program. The resolution, memorandum of agreement, or other document that
					 establishes any joint program shall be duly recorded in the minutes of the
					 governing body of each public entity participating in the program, and a
					 certified copy of each resolution shall be filed with the Commission. The
					 Commission shall review each proposed program submitted to it to determine
					 whether the submission is complete. A complete submission shall contain the
					 required ordinance or regulation; supporting documentation that demonstrates a
					 public entity's stormwater management program meets the requirements of Rules
					 .1003 and .1017 of this Section; and if applicable, certified resolutions with
					 an effective date. Within 90 days after the receipt of a complete submission,
					 the Commission shall notify the public entity submitting the program that it
					 has been approved, approved with modifications, or disapproved. The Commission
					 shall approve a program only upon determining that its requirements meet or
					 exceed those of Rules .1003 and .1017 of this Section. If the Commission
					 determines that any public entity is failing to administer or enforce an
					 approved stormwater management program, it shall notify the public entity in
					 writing and shall specify the deficiencies of administration and enforcement.
					 If the public entity has not taken corrective action within 30 days of receipt
					 of notification from the Commission, the Commission shall assume administration
					 and enforcement of the program until such time as the public entity indicates
					 its willingness and ability to correct the deficiencies identified by the
					 Commission and resume administration and enforcement of the
					 program.
Authority
					 G.S.
					 143-214.1;
					 143-214.7;
					 143-215.1;
					 143-215.3(a)(1);
					 S.L. 2006-246; S.L. 2011-220;
Eff. January 1, 2017 (previously
					 codified in
					 15A NCAC
					 02H .1016).