North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0151 - NPDES MS4 STORMWATER: DESIGNATION AND PETITION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Designation of Regulated Entities. A
				  public entity that owns or operates a municipal separate storm sewer system
				  (MS4) may be designated as a regulated entity through federal designation,
				  through the State designation process, or under a total maximum daily load
				  (TMDL) implementation plan, as provided in this Paragraph.
(1) Federal designation. A public entity that
				  owns or operates a municipal separate storm sewer system (MS4) may be
				  designated as a regulated entity pursuant to
				  40 CFR
				  122.32. These federal regulations may be
				  accessed at no cost at
http://www.gpo.gov/fdsys/
.
(2) State designation process. The Commission
				  shall designate a public entity that owns or operates a municipal separate
				  storm sewer system (MS4) as a regulated entity as provided in Subparagraphs
				  (2)(A) through (F) below:
(A) Designation
				  schedule. The Commission shall implement the designation process in accordance
				  with the schedule for review and revision of basinwide water quality management
				  plans as provided in
				  G.S.
				  143-215.8B(c).
(B) Identification of candidate regulated
				  entities. The Commission shall identify a public entity as a candidate for
				  designation as a regulated entity if the municipal separate storm sewer system
				  (MS4) either:
(i) discharges stormwater that
				  has the potential to have an "adverse impact," as that term is defined in Rule
				  .1002 of this Subchapter, on water quality; or
(ii) serves a public entity that has not been
				  designated pursuant to Item (1) of this Paragraph and that has either a
				  population of more than 10,000 or more than 4,000 housing units, and either a
				  population density of 1,000 people per square mile or more or more than 400
				  housing units per square mile.
(C) Notice and comment on candidacy. The
				  Commission shall notify each public entity identified as a candidate for
				  designation as a regulated entity. After notification of each public entity,
				  the Commission shall publish a list of all public entities within a river basin
				  that have been identified as candidates for designation. This list shall be
				  published on the Division website at
				  http://portal.ncdenr.org/web/lr/stormwater. The Commission shall accept public
				  comment on the proposed designation of a public entity as a regulated entity
				  for 30 days from the date of publication.
(D) Designation of regulated entities. After
				  review of the public comment, the Commission shall make a determination on
				  designation for each of the candidate public entities. The Commission shall
				  designate a candidate public entity that owns or operates a municipal separate
				  storm sewer system (MS4) as a regulated public entity only if the Commission
				  determines either that:
(i) the public entity
				  has an actual population growth rate that exceeds 1.3 times the State
				  population growth rate for the previous 10 years;
(ii) the public entity has a projected
				  population growth rate that exceeds 1.3 times the projected State population
				  growth rate for the next 10 years;
(iii) the population of the public entity is
				  more than 15 percent greater than its population two years prior to the
				  publication of the list identifying the public entity as a candidate for
				  designation.
(iv) the municipal
				  separate storm sewer system (MS4) discharges stormwater that has adverse
				  impacts on water quality; or
(v)
				  the municipal separate storm sewer system (MS4) discharges stormwater that
				  results in a significant contribution of pollutants to receiving waters, taking
				  into account the effectiveness of other applicable water quality protection
				  programs. To determine the effectiveness of other applicable water quality
				  protection programs, the Commission shall consider the water quality of the
				  receiving waters and whether the waters support the best usages.
(E) Notice of designation. The
				  Commission shall provide written notice to each public entity of its
				  designation determination. For a public entity designated as a regulated
				  entity, the notice shall state the basis for the designation and the date on
				  which an application for a NPDES permit for stormwater management shall be
				  submitted to the Commission.
(F)
				  Application schedule. A public entity that has been designated as a regulated
				  entity pursuant to this subdivision shall submit its application for a NPDES
				  permit for stormwater management within 18 months of the date of
				  notification.
(3)
				  Designation under a total maximum daily load (TMDL) implementation plan. The
				  Commission shall designate an owner or operator of a small municipal separate
				  storm sewer system (MS4) as a regulated entity if the municipal separate storm
				  sewer system (MS4) is specifically listed by name as a source of pollutants for
				  urban stormwater in a total maximum daily load (TMDL) implementation plan
				  developed in accordance with subsections (d) and (e) of
				  33 U.S.C.
				  1313, which are incorporated herein by
				  reference. This federal code [may be accessed at no cost at
http://www.gpo.gov/fdsys/
. The
				  Commission shall provide written notice to each public entity of its
				  designation determination. For a public entity designated as a regulated
				  entity, the notice shall state the basis for the designation and the date on
				  which an application for a NPDES permit for stormwater management shall be
				  submitted to the Commission. A public entity that has been designated as a
				  regulated entity pursuant to this Item shall submit its application for a NPDES
				  permit for stormwater management within 18 months of the date of
				  notification.