NCS000245_Raleigh MS6 Resolution_20170905

CITY OF RALEIGH
NORTH CAROLINA
INTER -OFFICE CORRESPONDENCE
MEMORANDUM
DATE: September 5, 2017
TO: Ruffin Hall, City Manager
FROM: Rich Kelly, Engineering Services Director
SUBJECT: North Carolina Municipal Separate Storm Sewer System Sustainability Strategy (MS6)
Program Participation
Since 1995, the City of Raleigh has held a permit with the North Carolina Department of Environmental
Quality (NCDEQ) and predecessor agencies for regulating the discharge of stormwater to receiving
waters of the state of North Carolina. In terms of the National Pollutant Discharge Elimination System
(NPDES) developed under the federal Clean Water Act, Raleigh is a Phase 1 Municipal Separate Storm
Sewer System (MS4) community. The City has maintained continuous compliance with this permit and
will renew the permit for another five years in early 2018.
Most aspects of complying with the requirements of this permit are prescriptive and dictated by
regulations and policies issued by NCDEQ or the U.S. Environmental Protection Agency (USEPA).
NCDEQ staff recognizes that many of these requirements may not substantively support the primary
purpose of the NPDES, which is to improve surface water quality and stream health. To address this,
NCDEQ is seeking more formative ways for municipalities to scale their programs based on resources
allocated for complying with their stormwater permits.
With this goal in mind, work groups composed of representatives* of NCDEQ, municipalities, and
associations collaborated over the past two years to develop a new, voluntary program for facilitating a
partnership among municipal stormwater programs and developing documentation that identifies
minimum practices for permit compliance along with best practices of high -performing municipal
stormwater programs. This new program, called the MS4 Sustainability Strategy (MS6), is intended to
build sustainable municipal stormwater programs that focus on efficiency, effectiveness, collaboration,
and community support. The MS6 program will develop and build a network of support among
stormwater managers across communities through peer reviews, open information reporting and
exchange, and shared best practices. It also will provide a central framework for conducting annual
program gap assessments that will review current City practices relative to agreed-upon best practices.
Results from these assessments will be documented and recommended solutions will be assessed on an
annual basis. Assessment reports will be posted on the City's website to offer a level of transparency to
citizens and other stakeholders (a new practice consistent with the City's open data program), and
program improvement opportunities will be identified in the annual business plans of the Stormwater
Management Division and the Engineering Services Department.

Municipalities that participate in the MS6 program and maintain good standing will benefit in the
following ways:
• Waiving NCDEQ's requirement to submit annual NPDES MS4 reports and replacing this with
annual assessments based on the MS6 program framework.
• A structured framework, developed by the state and stakeholders, for maintaining regulatory
compliance, optional additional practices for sustained high-level compliance, procedures for
conducting gap analyses, and vetted checklists for guiding implementation of a stormwater
program.
• Achieving high standing with NCDEQ and USEPA as leading municipalities that implement
NPDES MS4 requirements to the maximum extent practicable.
NCDEQ's statement of its commitment to the MS6 program, signed by Tracy Davis, Director of
NCDEQ's Division of Energy, Mineral, and Land Resources on July 20, 2017, is attached. NCDEQ is
encouraging municipalities with stormwater permits to participate in the MS6 program and to commit to
participating through resolutions of support from their governing bodies. A draft resolution of Raleigh's
commitment to the MS6 program is attached for the City Council's consideration. With the Council's
concurrence, Raleigh will be among the first municipalities to commit to this new voluntary,
non -regulatory program.
* Working groups that developed the MS6 program included representatives of the following
organizations:
• MS4 municipalities: Cities of Durham, Greenville, Greensboro, Raleigh, Charlotte, Burlington,
Winston-Salem, Monroe, and High Point; Towns of Garner, Kernersville, and Holly Springs;
and County of Mecklenburg
• Counterpart regulated state agency: NC Department of Transportation
• Re ug latory agencies: North Carolina Department of Environmental Quality and U.S.
Environmental Protection Agency, Region 4
• Associations: Stormwater Association of North Carolina, North Carolina Chapter of the
American Public Works Association, and North Carolina League of Municipalities
Attachments:
• NCDEQ's statement of commitment to the MS6 Program
• Draft resolution of Raleigh's commitment to the MS6 Program

DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES (DEMLR) COMMITMENT TO MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEM SUSTAINABILITY STRATEGY (MS6)
DEMLR is committed to building sustainable MS4 programs through a network of support across
multiple municipalities that 1) promote the sharing of information and the best practices among local
governments, 2) provide for self-assessment, peer reviews, and independent assessments that identify
program strengths and weaknesses, root causes, and action plans and 3) promote efficiency,
effectiveness, and strong municipal and community support.
Posting Gap Analysis, Root Cause Analysis and Action Plans ensures transparency and provides better
oversight than the traditional approach (audits, inspections, enforcement and annual reports).
Partnerships lead to cooperative solutions. As a partner and a resource, the State will work with local
governments, private citizens, the private sector, environmental groups, other state and federal
agencies, Universities, NCDOT, SWANC, APWA, COGS, and others to find cooperative solutions.
Cooperative solutions lead to ownership. Ownership leads to improved stormwater programs.
As a partner and resource, DEMLR continues to espouse sustainable and transparent stormwater
programs that rely on:
1. Organizational commitment to sustainability
2. Asset management
3. Environmental Management Systems (EMS)
4. Cooperative Solutions
S. Gap Analysis and Root Cause Analysis.
6. Action Plans for identified gaps in the stormwater program
As a partner and resource, DEMLR continues to be committed to:
1. Participating in and supporting outreach activities, such as summits, workshops and training
sessions.
2. Seeking cooperative solutions through meetings, Lunch and Learns, and round -table discussions.
As a partner and resource, DEMLR will maintain (and update as necessary) a public web site containing:
1. An interactive map including Phase I or Phase II status (i.e., permitted, permit waived, or
exempt), Point Of Contact and a link to the local government's website, why they're regulated,
and links to the latest results of Gap Analysis, Root Cause Analysis and Action Plans.
2. A list of sample questions for conducting a gap analysis and a list of Root Causes.
3. A compendium of SOPs, model ordinances, checklist, policies, and plans from existing Local
Tracy E. Davis,
, Division of Energy, Mineral, and Land Resources
June 20, 2017

RESOLUTION NO. 2017 -XXX
A RESOLUTION OF SUPPORT OF THE
RALEIGH CITY COUNCIL FOR
THE CITY'S PARTICIPATION IN THE NORTH CAROLINA
MS4 SUSTAINABLE STORMWATER PROGRAM
WHEREAS, the City of Raleigh holds a regulatory permit with the North Carolina Department
of Environmental Quality (NCDEQ) as a Municipal Separate Storm Sewer System (MS4)
community that discharges stormwater to receiving waters of the State under the federal National
Pollutant Discharge Elimination System (NPDES);
WHEREAS, the North Carolina MS4 Sustainability Strategy (MS6) has been developed by
NCDEQ in collaboration with representatives of North Carolina municipal governments,
including the City of Raleigh, that are regulated by NCDEQ as MS4 communities;
WHEREAS, participation in the North Carolina MS6 program will provide a collaborative
framework for the City to demonstrate and model success in maintaining NPDES MS4
regulatory compliance while implementing measures to help achieve local, state, and federal
sustainable stormwater management goals;
WHEREAS, the MS6 program will aid the City as it leads in transparency, open data reporting,
public engagement and collaboration, and results -based adaptive stormwater management that
benefits the community and watersheds served by the City's stormwater program, regulatory
agencies, and broader program stakeholders; and
WHEREAS, the MS6 program will aid the City with identifying and implementing strategies
and measures for meeting the City's current stormwater management requirements and needs
while anticipating and preparing for future needs.
NOW THEREFORE, BE IT ORDAINED BY THE RALEIGH CITY COUNCIL THAT:
The Raleigh City Council hereby expresses its support for the City's participation in the MS4
Sustainability Strategy (MS6) program as described in "Division of Energy, Mineral, and Land
Resources (DEMLR) Commitment to Municipal Separate Stormwater Sewer System
Sustainability Strategy", signed on July 20, 2017, by Tracy E. Davis, Director of the Division of
Energy, Mineral, and Land Resources within NCDEQ.