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HomeMy WebLinkAboutStormwater Management Program Report Draft #2-2003 DRAFT #2 TOWN CAL' OAK ISLAND STO RMWATE R MANAGEMENT PROGRAM REPORT it?"ti'N {�! O°�SL'.�`A Ggtl-t Cr1RV�'�l May 8, 2003 Prepared by: McKim & Creed, PA 243 North Front Street Wilmington, NC 28401 www.mckimcreed.com The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. • State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Reed Fee Paid Permit Number ►'• 7 •: :L 1IMU 4 (0-FA I -Ouneliul This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions forcomp/eft NPDESSma//M54Stormwater PermitAppiication (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU Z68) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Oak Island b. Ownership Status (federal, state or local) Local c. Type of Public Entity (city, town, county, prison, school, etc.) Town d. Federal Standard Industrial SIC 91— 97 Public Administration Classification Code e. County(s) Brunswick f. Jurisdictional Area (square miles) 9 Square Miles g. Population Permanent 6,700 Seasonal (if available) 17,000 h. Ten-year Growth Rate 2.7 percent per year 1. Located on Indian Lands? Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 9 Square Miles b. River Basin(s) Lumber Cape Fear c. Number of Primary Receiving Streams 9 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 76 • Commercial 8 • Industrial 2 • Open Space 14 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 NPDES RPE Stormwater Permit Application • • III. EXISTING LOCAL WATErt QUALIT-Y-PROGRAM a. Local Nutrient Sensitive. Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ® Yes ❑ No IV. CO -PERMIT APPLICATION STATUS IP:FOP..MATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes E No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number C. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ❑ Yes ® No b. If yes, identify, each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑ Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Paqe 2 NPDES RPE Stormwater Permit Application 'S STATEMENT • Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. • • I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties forsubmitfing false information, including the possibility of fines and imprisonment for knowing violations Signature Name John Olansen Title Director, Public Works Street Address 4601 East Oak Island Drive PO Box City Oak Island State NC Zip 28465 Telephone (910) 278-5011 Fax (910) 278-3400 E-Mail jolansen@ci.oak-island.nc.us VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Vacant Position b. Title Deputy Public Works Director c. Street Address 4601 East Oak Island Drive d. PO Box e. City Oak island f. State NC g. Zip 28465 h. Telephone Number (910) 278-5011 L Fax Number (910) 278-3400 j. E-Mail Address Paqe 3 • is NPDES RPE Stormwater Permit Application IX. PERMITS AND CnmcTRUCTIONAPPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS TABLE OF CONTENTS Page 4 NPDES RPE Stormwater Permit Application i 11 3. EXISTING WATER OUALIIY.PROG .1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 DRAFT #2 • s TOWN OAK ISLAND STO RMWATE R MANAGEMENT PROGRAM REPORT I`NL 11, 7 May 8, 2003 Prepared by: McKim & Creed, PA 243 North Front Street Wilmington, NC 28401 www.mckimcreed.com The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. D RAFT #2 • TABLE OF CONTENTS 1. BACKGROUND.....................................................................................................1 2. STORM DRAINAGE SYSTEM INFORMATION........................................................ 1 2.1 Population Served.....................................................................................................................1 2.2 Growth Rate...............................................................................................................................1 2.3 Jurisdictional and MS4 Service Areas....................................................................................1 2.4 MS4 Conveyance System........................................................................................................2 2.5 Land Use Composition Estimates...........................................................................................2 2.6 TMDL Identification...................................................................................................................4 3. RECEIVING STREAMS........................................................................................... 5 4. EXISTING WATER QUALITY PROGRAMS.............................................................. 6 5. PERMITTING INFORMATION................................................................................. 8 6. RELIANCE ON OTHER GOVERNMENT ENTITIES ................................................... 9 7. STORMWATER MANAGEMENT PROGRAM.......................................................... 9 7.1 Public Education and Outreach..........................................................................................10 • 7.2 Public Involvement and Participation.................................................................................11 7.3 Illicit Discharge Detection and Elimination........................................................................12 7.4 Construction Site Runoff Site Control...................................................................................14 7.5 Post -construction Runoff Site Control..................................................................................16 7.6 Pollution Prevention / Good Housekeeping......................................................................17 APPENDIX A - Town of Oak Island Stormwater Management Ordinance .................................................. Appendix A-1 APPENDIX B - Town of Oak Island Illicit Discharge Ordinance ........... Appendix B-1 0 • I.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. 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, also known as small municipal separate storm sewer systems (MS4s), to be permitted. In North Carolina, the NC Department of Environment and Natural Resources' (NCDENR) Division of Water Quality (DWQ) is responsible for implementing the program. The Town of Oak Island is one of several beach municipalities located in Brunswick County, North Carolina. In an effort to comply with guidelines and reporting requirements established by the NPDES Phase II program, the Town of Oak Island has developed a comprehensive Stormwater Management Program described herein. The need for a stormwater program is driven by the increased growth within the Town of Oak Island, the concern for public health, the economic dependencies on surrounding waterways, and the need to conform to state and federal laws governing water quality. 2. STORM DRAINAGE SYSTEM INFORMATION 2.1. POPULATION SERVED According to the US Census Bureau 2000 census data, the Town of Oak Island's population was 6,529 persons. The total units of structure was 6,662, with 3,076 being permanently occupied and the remaining 3,586 being vacant recreational, rental, or occasional use units. The Town estimates the seasonal population to be 3.2 times the permanent population which would be 20,893 for the year 2000. The maximum number of persons residing, vacationing, and visiting the Town of Oak Island in any one day, e.g., fourth of July, has been as high as 35,000. 2.2. GROWTH RATE In 1990, the Town of Oak Island was not incorporated as the Town of Oak Island. It consisted of the Town of Long Beach and the Town of Yaupon Beach. The total population of the two towns was 4,580 and the total housing units was 5,230. The Town of Oak Island is approximately 50% built -out and is estimated to be fully built -out by 2018 based on a population growth rate of 3.4%. The permanent population for 2005 is estimate to be 7,793 and the seasonal population will be approximately 25,000. 2.3. JURISDICTIONAL AND MS4 SERVICE AREA The jurisdictional town boundaries encompass approximately 9 square miles. There are storm drainage features throughout the area, so the MS4 area coincides with the • jurisdictional area. The town boundary is shown in Figure 2.3.1. DRAFT #2 Figure 2.3.1 - Jurisdictional Boundary for Town of Oak Island 2.4. MS4 CONVEYANCE SYSTEM There are 127 stormwater discharge locations identified within the Town of Oak Island, 59 of which discharge into the Davis Canal. A few of these are point discharges, but most are sheet flow discharges from the streets leading to the canal. The largest point discharge is located at the intersection of E. Pelican Drive and SE 401h Street. Stormwater that drains to the ditches on Pelican Drive discharges into the Davis Canal. A newly installed pinch type check valve prevents tidal water from backing into the ditch. There is a series of pipes and ditches leading to 10 discharges into ponds located between SE 59th Street and SE 715t Street. Pipes and ditches leading to the Intracoastal Waterway convey the remaining discharges. Most of these discharges are 100 to 200 feet short of the waterway, thus providing some vegetative filtering before discharging into the waterway. • There are 167drop inlets, most of which are located at the eastern end of the Town, or what was the Town of Yaupon Beach. Also in the eastern part of the Town are two manholes located on McGlamery Street, which are for maintenance of an 18-inch corrugated metal pipe conveying stormwater to the marsh adjacent to the Intracoastal Waterway. • The Town has 13.3 miles of storm drainage pipe, including road culverts, and 19.7 miles of designated storm drainage ditches. The maintenance of the conveyance system is to ensure that the ditches, swales, and pipe remain free of debris. 2.5. LAND USE COMPOSITION Land use codes are designated for each parcel. The codes are as indicated in Table 2.5.1. As can be seen from Figure 2.5.1, the major land use in terms of area is low density residential (R20). In terms of parcel count the major land use is low density residential (R6). This can be seen in Figure 2.5.2. The area land use is biased by a large tract of land north of the Intracoastal Waterway and west of the Town of St. James. The land use estimates are derived from the Town's GIS parcel coverage with zoning designations provided for each parcel. 2 DRAFT #2 r� 2500 i 2000 N U 1500 Q @ I d Q 1000-- -- J 500 - - - --- CR AD • Table 2.5.1 - Land Use Codes R-20 Low density residential district R-9 Moderate density residential district R-7500 Moderate density residential district R-7 Moderate density residential district R-6A Higher density residential district R-611 Higher density residential district R-6MF Higher density residential district R-6MH Higher density residential district CB Community business district CR Commercial recreation district C-LD Low density commercial district AD Airport district OS Open space district Figure 2.5.1: Town Land Use by Area CB CLD os R20 R6A R6B R6MF R6MH R7 R7500 9 Land Use Codes 3 D RAFT #2 isFigure 2.5.2: Town Land Use by Parcel Count on N 5 c N 7 O r 4 z 0 U 3 J W U Q a 2 0 • 0 • AD CB CLD CR OS 2.6. TMDL IDENTIFICATION R20 R6A R6B R6MF R6M H R7 R7500 R9 LAND USE CODES Section 303(d) (1) (C) of the Clean Water Act and the U.S. Environmental Protection Agency's (EPA) implementing regulations (40 CFR Part 130) require the establishment of a Total Maximum Daily Load (TMDL) for the achievement of state water quality standards when a water body is water quality -limited. A TMDL identifies the degree of pollution control needed to maintain compliance with standards and includes an appropriate margin of safety. The TMDL focuses on reducing the pollutant inputs to a level (or "load") that fully supports the designated uses of a given water body. The mechanisms used to address water quality problems after the TMDL is developed can include a combination of best management practices and/or effluent limits and monitoring required through NPDES permits. TMDL allocations have not been issued for any of the Town's receiving water bodies described in Section 3.0 below. None of these water bodies are considered "water quality -limited". Monitoring conducted in Davis Canal in the fall of 2002 indicated low levels of fecal coliform, phosphorus, nitrate/nitrite, and oil and grease. n Town of Oak Island CAMA Land Use Plan Land Classification Map Conservation Classification Conservation -Provisional 0 Limited Transition Developed -Residential Class Developed -Commercial Class /\/ Second Bridge Corridor Oak Island Town Boundaries Water //\v/ Streets and Roads Watershed Boundaries (14 digit hydrological units) 0.8. 0 0.9 1.6 1Mes — - Extra Territorial Jurisdiction NOTE: ALL CAMA DEFINED AECs REGARDLESS OF THE CLASSIFICATION SHOWN ON THE MAP ARE CLASSIFIED AS CONSERVATION. DUE TO MAP SCALE AND THE NEED FOR ON -SITE VERIFICATION BY CAMP, ALL CONSERVATION AECs ARE NOT INCLUDED ON THE MAP. THE FINAL DETERMINATION OF ALL LAND CLAS- SIFICATIONS IS MADE THROUGH CONCUR- RENCE WITH THE TEXT IN THE LAND USE PLAN, NOT THE MAP. The preparation of this map was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 197Z as amended, which is administered by the Office of Ocean and Coastal Zone Resource Management, National Oceanic and Atmospheric Administration. William B. Farris, Inc 1999 DRAFT #2 0 3. RECEIVING STREAMS The Town of Oak Island has Atlantic Ocean beachfront on the south side that runs in an east - west direction. On the north side is the Intracoastal Waterway and various areas with finger creeks and salt marshes. The major water bodies are listed in Table 3.1 below and are shown in Figure 3.1 Table 3.1 RECEIVING WATER NAME WATER QUALITY CLASSIFICATION USE SUPPORT RATING WATER QUALITY ISSUES Davis Canal SA/HQW NR NONE Davis Creek SA/HQW NR NONE Intracoastal Waterway SA/HQW NR NONE Montgomery Slough SA/HQW NR NONE Eastern Channel SA/HQW NR NONE Denis Creek SA/HQW NR NONE Elizabeth River SA/HQW NR NONE Atlantic Ocean N/A NR NONE Dutchman Creek Outlet Channel SA/HQW NR NONE • The Tidal Salt Water Quality Classifications used by the NCDENR are as follows: (1) Class SC: salt waters protected for secondary recreation, fishing, aquatic life including propagation and survival, and wildlife. All salt waters shall be classified to protect these uses at a minimum. (2) Class SB: salt waters protected for primary recreation, which includes swimming on a frequent or organized basis, and all Class SC uses. (3) Class SA: suitable for commercial shell fishing and all other tidal saltwater uses. (4) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 2H .0205, and which are landward of the mean high water line, and wetlands contiguous to estuarine waters as defined by 15A NCAC 2H .0206. All the receiving water bodies adjacent to Oak Island have an SA usage classification. Surface waters are classified according to their best intended uses. Determining how well a water body supports its uses (use supportstatus) is an important method of interpreting water quality data and assessing water quality. Surface waters are rated fuiiysupporting (FS), portiaiiysupporting (PS), or not supporting (NS). The ratings refer to whether the classified uses of the water (i.e., aquatic life protection, primary recreation, and water supply) are being met. For example, waters classified for fishing, aquatic life protection, and secondary . recreation (Class C for freshwater or SC for saltwater) are rated FS if data used to determine use support meet certain criteria. However, if these criteria were not met, then the waters would be rated as PS or NS, depending on the degree of degradation. Waters rated PS or NS are considered to be impaired. Waters lacking data, or having inconclusive data, are listed f•1 DRAFT #2 • 9 as not rated (NR). The Town of Oak Island receiving waters have not been rated to date and, therefore, are given an NR designation. 4. EXISTING WATER QUALITY PROGRAMS Section 18 of the Town of Oak Island's Code of Ordinances, included in Appendices A and B, is a set of Land Use Ordinances. Articles V and VI of that section address stormwater. They include a comprehensive set of practices and prohibitions related to stormwater management. Design standards have been developed to maximize the use of vegetative filtering to prevent any pollutants from entering the adjacent receiving water bodies. All residential and commercial construction in the Town of Oak Island is under CAMA rule constraints of 15A NCAC 07H.0209 to protect against estuarine shoreline erosion and must meet the permit requirements of the state for non -point -source stormwater drainage. M r� DRAFT #2 Figure 4.1: Oak Island Water Bodies TOWN OF OAK ISLAND SURROUNDING WATER BODIES DRAFT #2 49 5. PERMITTING INFORMATION • • The measurable goals for the Town Of Oak Island's stormwater program are directly related to the six elements of the Phase II permitting process. The responsible parties are listed in table 5.1. Table 5.1 - Responsible Parties Measurable Elements Contact Contact Phone of Phase II Person/Position Organization Voice / Fax 1. Public education and Deputy Public Public Works (910) 278-5011 / outreach on stormwater Works Director (910) 278-3400 Impacts 2. Public involvement and Deputy Public Public Works (910) 278-5011 / participation Works Director 910 278-3400 3. Illicit discharge Deputy Public Public Works (910) 278-5011 / detection and elimination Works Director 910 278-3400 4. Construction site runoff Fred Fulcher/ Chief Development (910) 278-5024/ control Code Enforcement Services (910) 278-3400 Official 5. Post -construction Fred Fulcher/ Chief Development (910) 278-5024/ stormwater management Code Enforcement Services (910) 278-3400 in new development and Official redevelopment 6. Pollution prevention / Deputy Public Public Works (910) 278-5011 / good housekeeping for Works Director (910) 278-3400 municipal operations DRAFT #2 e • • Figure 5.1 - Town of Oak Island Organization Public Works Public Works Director John Olansen. Deputy Public Works Director) Environmental Vacant EMS and Fire Dept. Fire / EMS Chief AlEssey Recreation Recreation Director Kellie Beeson Administration Town Manager Dave Oles Public Utilities Public" Utilities Director David Kelly Departmental Services Chief Code Enforcement Official Fred,Fulcher, 6. RELIANCE ON OTHER GOVERNMENT ENTITIES Police Dept Police Chief W L Ingram The North Carolina Department of Environment and Natural Resources (NCDENR) enforce erosion control and stormwater management. An erosion control plan for land disturbances larger than one acre must be filed with the state at least 30 days before beginning the land -disturbing activity and must be approved before work can begin. The Wilmington regional office of NCDENR is the enforcing agency for the Town of Oak Island for both erosion control and stormwater management. 7. STORMWATER MANAGEMENT PLAN The Stormwater Management Plan is to ensure the implementation and enforce the Stormwater Management Program (SWMP) designed to reduce the discharge of pollutants from the Town of Oak Island to the maximum extent practicable (MEP), to protect water quality, and satisfy the appropriate water quality requirements of the Clean Water Act. The goal of Town is to implement a program based on the six major elements of the NPDES Phase II general permitting requirement, which are: ■ Public education and outreach on stormwater Impacts ■ Public involvement and participation 0 DRAFT #2 ■ Illicit discharge detection and elimination • ■ Construction site runoff control ■ Post -construction stormwater management in new development and redevelopment ■ Pollution prevention / good housekeeping for municipal operations 7.1 PUBLIC EDUCATION AND OUTREACH What is Required? To satisfy this minimum control measure, the Town of Oak Island needs to: a) Implement a public education program to distribute educational materials to the community, or conduct equivalent outreach activities about the impacts of stormwater discharges on local water bodies and the steps that can be taken to reduce stormwater pollution; and b) Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? An informed and knowledgeable community is crucial to the success of a stormwater management program since it helps to ensure the following: • a) Greater support for the program as the public gains a greater understanding of the reasons why it is necessary and important. Public support is particularly beneficial when operators of small MS4s attempt to institute new funding initiatives for the program or seek volunteers to help implement the program; and • b) Greater compliance with the program as the public becomes aware of the personal responsibilities expected of them and others in the community, including the individual actions they can take to protect or improve the quality of area waters. H DRAFT #2 is Table 7.1: BMPs and Measurable Goals for Public Education and Outreach No. BMP Measurable Goals Yr Yr Yr Yr Yr Responsible 1 2 3 4 5 Position/Party PE 01 Distribute Owner's/ Produce and distribute 4000 copies X X Deputy Public Renter's Manual of the Owner's and Renter's Manual Works Director/Advisory Board Chairman PE 02 Classroom Develop an age -specific X Deputy Public Education educational program in conjunction Works Director with City of Southport for Presentations at Southport Elementary, South Brunswick middle and high schools PE 03 Commercial Develop and distribute 400 copies of X Deputy Public Outreach a one page flyer that summarizes the Works Director discharge rohibitions for businesses PE 04 Distribute flyer Develop and distribute 5000 plain X Deputy Public describing language flyers that describe the key Works Director highlights of Illicit elements of the Town's illicit Discharge discharge ordinance Ordinance PE 05 Develop Education Develop an Infrastructure resource to X X Deputy Public Resources support the public education and Works Director outreach program. Create Website links and train volunteer educators • 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION What is Required? To satisfy this minimum control measure, the Town of Oak Island must: a) Comply with applicable State, Tribal, and local public notice requirements; and b) Determine the appropriate BMPs and measurable goals for this minimum control measure. Why is it Necessary? EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal stormwater management program and, therefore, suggests that the public be given opportunities to play an active role in both the development and implementation of the program. An active and involved community is crucial to the success of a stormwater management program because it allows for: a) Broader public support since citizens who participate in the development and decision making process are partially responsible for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take Isan active role in its implementation; b) Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and increased sources in the form of citizen volunteers; DRAFT #2 • c) A broader base of expertise and economic benefits since the community can be a valuable, and free, intellectual resource; and • d) A conduit to other programs as citizens involved in the stormwater program development process provides important cross -connections and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a stormwater program on a watershed basis, as encouraged by EPA. Table 7.2: BMPs and Measurable Goals for Public Involvement No. BMP Measurable Goals Yr Yr Yr ` Yr Yr Responsible 1 2 3 4 5 Position/Party PI 01 Stormwater A Citizen Advisory board was X X X X X-a Deputy Public Advisory Board Formed November 17, 2001 and will Works Director hold a minimum of 6 meetings per year PI 02 Advisory Board Stormwater Program Plan to be X Deputy Public Review presented to the Advisory Board for Works Director Review and Comment April 28, 2003 P103 Public Hearing Town council to include Program X Deputy Public Presentation during public meeting Works Director In June 2003 PI 04 Public Comment Town will receive public comment X Deputy Public Period for two weeks following meeting Works Director PI 05 Create a Volunteer Use of volunteers for water quality X X X X--> Deputy Public Works Director organization monitoring will give citizens first- hand knowledge of the quality of local water bodies and provide a cost-effective means of collecting water quality data. The volunteer organization created will be used to help identity ouffalls, find illicit discharges and stencil storm drains, and assist with water quality monitoring. 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION What is Required? Recognizing the adverse effects illicit discharges can have on receiving waters, the final rule requires the Town of Oak Island to develop, implement, and enforce an illicit discharge detection and elimination program. This program must include the following: a) A storm sewer system map, showing the location of all outfalls and the names • and location of all waters of the United States that receive discharges from those outfalls; b) Through an ordinance or other regulatory mechanism, a prohibition (to the 12 DRAFT #2 E extent allowable under State, Tribal, or local law) on non-stormwater discharges into the MS4, and appropriate enforcement procedures and actions; c) A plan to detect and address non-stormwater discharges, including illegal dumping, into the MS4; d) The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste; and e) The determination of appropriate BMPs and measurable goals for this minimum control measure. Why is it Necessary? Discharges from MS4s often include wastes and wastewater from non-stormwater sources. A study conducted in 1987 in Sacramento, California, found that almost one- half of the water discharged from a local MS4 was not directly attributable to precipitation runoff. Significant portions of these dry weather flows were from illicit and/or inappropriate discharges and connections to the MS4. Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving water bodies. Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health. 13 DRAFT #2 • Table 7.3: BMPs and Measurable Goals for Illicit Discharge Detection And Elimination No. BMP Measurable Goals Yr Yr Yr Yr Yr Responsible 1 2 3 4 5 Position/Party ID 01 Inventory Develop and maintain a GIS-based X X X X X-+ Information Stormwater Inventory of the Town's stormwater Technology Conveyance and conveyance and discharge system. Administrator discharge System ID 02 Prepare a Storm Using the GIS, develop and maintain X X X X X Information System Map a series of map layouts that show the Technology ditches, pipes, drop Inlets, and Administrator discharge points. ID 03 Develop an Illicit Develop an enforceable illicit X Deputy Public Discharge discharge ordinance as part of the Works Director Ordinance Town's Codes and Ordinances. ID 04 Develop and Develop a monitoring strategy and X X X X X-a Deputy Public implement a map monitoring locations. Enlist a Works Director receiving water certified water quality monitoring quality monitoring laboratory to carry out the program monitoring once a year and during major rainfall events. ID 05 Train Employees Train employees In Public Works and X X Deputy Public Code Enforcement in how to Works Director recognize and report illicit dischar es. ID 06 Create Illicit Create and maintain a separate X X X X-> Deputy Public Discharge Hotline telephone line for the public to call Works Director In reports of illicit discharges. ID 07 Initial Identification Begin the process of identifying X X Deputy Public of Illicit Discharge potential sources from where illicit Works Director Sources discharges can emanate. 7.4 CONSTRUCTION SITE RUNOFF SITE CONTROL What is Required? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in stormwater runoff to their MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. The small MS4 operator is required to: a) Have an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites; b) Have procedures for site plan review of construction plans that consider potential water quality impacts; c) Have procedures for site inspection and enforcement of control measures; d) Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism); 14 DRAFT #2 C� • e) Establish procedures for the receipt and consideration of information submitted by the public; and f) Determine the appropriate BMPs and measurable goals for this minimum control measure. Why is it Necessary? Polluted stormwater runoff from construction sites often flows to MS4s and, ultimately, is discharged into local rivers and streams. Of the pollutants listed in Table 7.4.1, sediment is usually the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forestlands. During a short period of time, construction sites can contribute more sediment to streams than can be deposited naturally during several decades. The resulting siltation, and the contribution of other pollutants from construction sites, can cause physical, chemical, and biological harm to our nation's waters. For example, excess sediment can quickly fill rivers and lakes, requiring dredging and destroying aquatic habitats. Table 7.4.1 also list some erosion control measures that can be implemented to reduce pollution from stormwater runoff. Some of these control measures can be retained as post construction control measures. Table 7.4.1: Construction Site Pollution and Erosion Control Pollutants Commonly Discharged From Construction Sites Commons Types of Erosion Control Measures Sediment Rock Construction Entrances Solid and sanitary wastes Silt Fences Phosphorous (fertilizer) Inlet Protection Nitrogen (fertilizer) Diversion Ditches Pesticides Sediment Traps Oil and grease Rock Dams Concrete truck washout Sediment Basins Outlet Protection Stabilization Excelsior Mat Sod Rip Rap Lined Channels Dust Control and Sand Fences 15 DRAFT #2 0 Table 7.4.2: BMPs and Measurable Goals for Construction Site Runoff Control No. BMP Measurable Goals Yr Yr Yr Yr Yr Responsible 1 2 3 4 5 Position/Party CS 01 Town Implements Town implements and enforces X X X X X-). Chief Code Ordinance construction site stormwater runoff Enforcement and erosion control. Stormwater Official control requirements are described in Sections 18-651 through 18-662 of the Town's Ordinances. CS 02 Manual of In accordance with Section 18-660 X Deputy Public stormwater of the Town's Ordinance, a Manual Works Director management of Stormwater Management practices Practices will be developed. CS 03 Staff Training Develop a training program for X Deputy Public Code Enforcement staff to identity Works Director stormwater and erosion control violations. 7.5 POST -CONSTRUCTION RUNOFF SITE CONTROL What is Required? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in post -construction runoff to the MS4 from new development and redevelopment projects that result in the land disturbance of greater than or equal to 1 acre. The small MS4 operator is required to: a) Develop and implement strategies that include a combination of structural and/or non-structural BMPs; b) Have an ordinance or other regulatory mechanism requiring the implementation of post -construction runoff controls to the extent allowable under State, Tribal or local law, c) Ensure adequate long-term operation and maintenance of controls; d) Determine the appropriate BMPs and measurable goals for this minimum control measure. Why is it Necessary? Post -construction stormwater management in areas undergoing new development or redevelopment is necessary because runoff from these areas has been shown to significantly effect receiving water bodies. Many studies indicate that prior planning and design for the minimization of pollutants in post -construction stormwater discharges is the most cost-effective approach to stormwater quality management. There are generally two forms of substantial impacts of post -construction runoff. The is first is caused by an increase in the type and quantity of pollutants in stormwater runoff. As runoff flows over areas altered by development, it picks up one or more of the pollutants listed in table 4.1. These pollutants often become suspended in runoff 16 DRAFT #2 and are carried to receiving waters, such as lakes, ponds, and streams. Once • deposited, these pollutants can enter the food chain through small aquatic life, eventually entering the tissues of fish and humans. The second kind of post construction runoff impact occurs by increasing the quantity of water delivered to the water body during storms. Increased impervious surfaces interrupt the natural cycle of gradual percolation of water through vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving water. The effects of this process include stream bank scouring and downstream flooding, which often lead to a loss of aquatic life and damage to property. 40 Table 7.5: BMPs and Measurable Goals for Post Construction Site Runoff Control No. BMP Measurable Goals Yr Yr Yr Yr Yr' Responsible 1 2 3 4 5 Position/Party PC 01 Town Implements Sections 18-651 through 18-662 of X X X X X Deputy Public Ordinance the Town's Ordinances require that Works the developer provide a stormwater Director/Advisory management plan to show that Board Chairman stormwater runoff and erosion are controlled. PC 02 Develop a manual A manual of innovative BMPs will be X Deputy Public of Post Construction developed for Structural and Non- Works Director BMPs Structural BMPs to ensure sound Stormwater management PC 03 Developer Develop and implement a program X Deputy Public Outreach for developers on Stormwater Works Director Management Importance and BMPs 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING What is Required? Recognizing the benefits of pollution prevention practices, the rule requires an operator of a regulated small MS4 to: a) Develop and implement an operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm sewer system; b) Include employee training on how to incorporate pollution prevention/good housekeeping techniques into municipal operations, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, State or Tribe, or relevant organizations; c) Determine the appropriate BMPs and measurable goals for this minimum control measure. is Why is it Necessary? The pollution prevention/good housekeeping for municipal operations minimum 17 DRAFT #2 control measure is a key element of the small MS4 stormwater management program. is This measure requires small MS4 operators to examine and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: • • a) collects on streets, parking lots, open spaces, and storage and vehicle maintenance areas, and is discharged into local waterways; and b) results from actions such as environmentally damaging land development and flood management practices or poor maintenance of storm sewer systems. While this measure is meant primarily to improve or protect receiving water quality by altering municipal or facility operations, it also can result in a cost savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. Table 7.6: BMPs and Measurable Goals for Pollution Prevention/Good Housekeeping No. `. BMP Measurable Goals ` Yr Yr Yr Yr Yr Responsible . 1 2 3 4 5 Position/Party PP O1 BMPs for Town Develop a set of BMPs for the Town's X Deputy Public Operation and operation and maintenance. Works maintenance PP 02 Employee Training Develop and implement training to X Deputy Public Increase stormwater awareness and Works Director the Town's operational responsibilities. PP 03 Distribute flyer Develop and distribute 5,000 plain X X Deputy Public describing language flyers that describe the key Works Director highlights of Illicit elements of the Town's illicit Discharge discharge ordinance. Ordinance PP04 Information Develop and implement a program X Deputy Public Management to locate, identify, and report Works Director stormwater problem areas and Issues. PP05 Map problem Incorporate the information X Information areas collected on the Town's stormwater Technology problem areas into the Town's GIS. Administrator am DRAFT #2 • • APPENDIX A TOWN OF OAK ISLAND, NC STORMWATER MANAGEMENT ORDINANCE Appendix A - 1 DRAFT #2 Sec. 18-651. Short title. This article shall be known as the Stormwater Management Ordinance for Oak Island, North Carolina. (Ord. of 6-12-2001, ch. 4, § 1.0) Sec. 18-652. Findings of facts. The town council finds that uncontrolled drainage development of land could have a significant adverse impact upon the health, safety, and welfare of the community. More specifically: 1) Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality and effect in closures of shell -fishing waters; 2) The increase in nutrients such as phosphorus and nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna; 3) Improperly channeling water increases the velocity of runoff, thereby increasing erosion and sedimentation; 4) Construction requiring the alteration of natural topography and removal of vegetation tends to cause a loss of natural recharge areas and increase erosion; 5) Siltation of water bodies resulting from increased erosion decreases their capacity to hold • and transport water, and harms flora and fauna; 6) Impervious surfaces increase the volume and rate of Stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge; 7) Improperly managed stormwater runoff can increase the incidence of flooding and the' level of floods, which occur, endangering property and human life; 8) Improperly managed stormwater runoff can interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity; 9) Substantial economic losses result from these adverse impacts on community waters; 10) Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (Ord. of 6-12-2001, ch.4, § 2.0) • Appendix A - 2 D RAFT #2 Sec. 18-653. Objectives of article. In order to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare of the citizens of the town, this article has the following objectives: 1) Encourage productive and enjoyable harmony between humanity and nature; 2) Protect and maintain the chemical, physical and biological integrity of wetland ponds and waters of Davis Canal, the inland waterway, and Atlantic Ocean; 3) Prevent individuals and organizations from causing harm to the community by activities, which adversely affect water resources; 4) Encourage the construction of drainage systems, which aesthetically and functionally approximate natural systems; 5) Encourage the protection of natural systems and the use of them in ways which do not impair their beneficial functioning; 6) Minimize the transport of pollutants to area surface waters; 7) Maintain groundwater levels; 8) Protect and maintain natural salinity levels in estuarine areas; 0 9) Minimize erosion and sedimentation; 10) Prevent damage to wetlands; 11) Prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial; 12) Protect and maintain the habitat of fish and wildlife; and 13) Ensure the attainment of these objectives by requiring the approval and implementation of stormwater management plans for all activities, which may have an adverse impact upon community waters. (Ord. of 6-12-2001, ch. 4, § 3.0) is Appendix A - 3 F:T:Y S Sec. 18-654. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adverse impacts means any modifications, alterations, or effects on a feature or characteristic of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety, or property to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Clearing means the cutting and removal of trees and brush from the land, but shall not include the ordinary mowing of grass. Detention means the collection and storage of surface water for subsequent gradual discharge. Developermeans any person who engages in development either as the owner or as the agent of an owner of property. Developmentand development activity mean: • 1) The construction, installation, alteration, demolition or removal of a structure, impervious surface, or drainage facility; 2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or 3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise significantly disturbing the soil, mud, sand or rock of a site. Drainage facilitymeans any component of the drainage system. Drainage system means the system through which water flows from the land. It includes all watercourses, water bodies and wetlands. Erosion means the wearing or washing away of soil by the action of wind or water. Flood means a temporary rise in the level of any water body, watercourse or wetland, which results in the inundation of areas not ordinarily covered by water. Grubbing means the removal and disposal of stumps and roots of vegetation. Impervious surface means a surface, which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi -impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures, etc., but not including decking. Natural systems means systems which predominantly consist of or use those communities of plants, animals, bacteria, and other flora and fauna that occur indigenously on the land, in the soil, or in the water. Appendix A - 4 DRAFT #2 Ownermeans the person in whom is vested the fee ownership, dominion, or tide of property, i.e., the proprietor. This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant,. including a developer. Person means any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. Predeveiopmentconditions means those conditions that existed before alteration, resulting from human activity, of the natural topography, vegetation, and rate, volume or direction of surface water or groundwater flow, as indicated by the best available historical data. Receiving bodies of watermeans any water bodies, watercourses or wetlands into which surface waters flow either naturally, in manmade ditches, or in a closed conduit system. Redevelopment means any rebuilding activity which has no net increase in built -upon area or which provides equal or greater stormwater control than the previous development. Retention means the collection and storage of runoff without subsequent discharge to surface waters. Sediment means fine particulate material, whether mineral or organic, that is in suspension or has settled in a water body. Sedimentation faciiitymeans any structure or area that is designed to hold runoff water until suspended sediments have settled. Site means any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project. Stormwatermanagementpian means the detailed analysis required by section 18-656 for each activity described in section 18-655. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but shall not include fences or signs. Subdivide means to divide the ownership of a parcel of land, whether improved or unimproved, into two or more contiguous lots or parcels of land, whether by reference to a plat, by metes and bounds, or otherwise, in accordance with the town regulations. Vegetation means all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses. Waterbodymeans any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse means any natural or artificial stream, river, creek, channel, ditch canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or • banks. Appendix A - 5 DRAFT #2 Watersand community of waters mean any and all water on or beneath the surface of the ground. It includes the water in any watercourse, water body, or drainage system. It also includes diffused surface water and water percolating, standing or flowing beneath the surface of the ground, as well as coastal waters. Watershedmeans a drainage area or drainage basin contributing to the flow of water in a receiving body of water. Wetiandsmeans those areas where: 1) The soil is ordinarily saturated with water; 2) The dominant plant community is one or more of those species designated by the U.S. Army Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or 3) The presence of one or more of those plant species designated by the state division of coastal management as identifying coastal wetlands or the transitional zone of coastal wetlands. (Ord. of 6-12-2001, ch. 4, § 4.0) is 0 Appendix A - 6 DRAFT #2 is Sec. 18-655. Applicability of article provisions. 1) All development occurring after the effective date of the ordinance from which this article is derived within the Town must comply with minimum stormwater control standards. All development must provide appropriate infiltration devices to control runoff of the first 1.5 inches of rainfall or less from all impervious surfaces on site. Flow from gutters and downspouts shall be diverted to dry wells or porous drainpipes in rock envelope. For structures without gutters and downspouts, gravel infiltration beds under roof overhangs shall be provided. Typical designs of appropriate systems are provided for guidance in the manual of stormwater management practices (see Section 18-660). Applicants are encouraged to submit alternative management plans that meet the requirements of this article. 2) Unless exempted pursuant to subsection (c) of this section or granted a variance pursuant to subsection (d) of this section, a stormwater management plan must be submitted and approved before: 3) A plat is recorded or land is subdivided. 4) An existing drainage system is altered, rerouted, or deepened. 5) A building permit is issued. 6) Development is commenced. 7) Exemptions. The following development activities are exempt from the stormwater management plan requirement: 8) Agricultural activity not involving the artificial drainage of land; 9) Any maintenance, alteration, use, or improvement to an existing structure not changing or affecting quality, rate, volume, or location of surface water discharge, and meets the requirements of redevelopment. 10) Variances. The Town may grant a written variance from any requirement of this article using the following criteria: 11) There are special circumstances applicable to the subject property of its intended use; and 12) The granting of the variance will not: a) Significantly increase or decrease the rate or volume of surface water runoff; b) Have a significant adverse impact on an area "404 wetland" watercourse or water body; c) Significantly contribute to the degradation of water quality; • d) Otherwise significantly impair attainment of the objectives of this article. (Ord. of 6-12-2001, ch. 4, § 5.0) Appendix A - 7 DRAFT #2 SSec. 18-656. Contents of the stormwater management plan. 1) It is the responsibility of an applicant to include in the stormwater management plan sufficient information for the town or its agents to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on area surface waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions and explanations, and citations to supporting references, as appropriate, to communicate the information required by this section. 2) A stormwater management plan for a single-family or duplex residence shall include the following: a) Name, address, and telephone number of the owner and developer/builder. b) A sketch plan of the property showing its location with reference to such landmarks as major water bodies, adjoining roads, and subdivisions. c) Location of floodplains. d) Location of existing vegetation. e) Show new work on the sketch plan including 0 i) Areas where vegetation will be cleared or otherwise killed. ii) Areas that will be covered with an impervious surface, and description of the surfacing material. iii) Size and location of any buildings or other structures. Show in general the location of the septic tank and disposal field. iv) Show in general the direction including any channels and quantity of stormwater that will be collected on the site. v) Show the proposed infiltration system including the location, size, and volume of storage provided. 3) The stormwater management plan for commercial development and major residential development shall contain the following: a) The name, address, and telephone number of the owner and the developer. b) Legal description of the property. c) Location with reference to such landmarks as major water bodies, adjoining roads, or subdivisions, which should be identified by a map. d) The existing environmental and hydrologic conditions of the site and of receiving waters and wetlands shall be described in detail, including the following: Appendix A - 8 DRAFT #2 i) The direction, flow rate, and volume of stormwater runoff under existing conditions is and, to the extent practicable, predevelopment conditions; ii) The location of areas on the site where stormwater collects or percolates into the ground; iii) A description of all watercourses, water bodies and wetlands on or adjacent to the site or into which stormwater flows. Information regarding their water quality and the current water quality classification, if any, given them by the state division of environmental management (NCDEM) shall be included; iv) Groundwater levels, including seasonal fluctuations; v) Location of floodplains; vi) Vegetation; vii) Topography to a minimum of two -foot intervals; viii) Soils as shown on the USDA Soil Survey of Brunswick County. e) Proposed alterations of the site shall be described in detail, including: 4) Changes in topography; 5) Areas where vegetation will be cleared or otherwise killed; to6) Areas that will be covered with an impervious surface and a description of the surfacing material; 7) The size and location of any buildings or other structures; 8) Predicted impacts of the proposed development on existing conditions shall be described in detail, including: a) Changes in water quality; b) Changes in groundwater levels; c) Impacts on wetlands; and d) Impacts on vegetation. e) All components of the drainage system and any measures for the detention, retention, or infiltration of water or for the protection of water quality shall be described in detail, including: 9) The channel, direction, flow rate, volume, and quality of stormwater that will be conveyed from the site; with a comparison, compared to existing conditions and, to the extent practicable, predevelopment conditions; 10) Detention and retention areas, including plans for the discharge of contained waters, 0 maintenance plans, and predictions of water quality in those areas; Appendix A - 9 DRAFT #2 • 11) Areas of the site to be used or reserved for percolation including a prediction of the impact on groundwater quality; 12) A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance; 13) Any other information that the developer or the town or its agents believes is reasonably necessary for an evaluation of the development. (Ord. of 6-12-2001, ch. 4, § 6.0) • • Appendix A - 10 DRAFT #2 • Sec. 18-657. Procedures and fees. 1) Any person planning a development shall submit a stormwater management plan or an application for a variance to the town. 2) A permit fee will be collected at the time the stormwater management plan is submitted and will reflect the cost of administration and management of the permitting process. The town shall establish, by resolution, a prorated fee schedule based upon the relative complexity of the project. The fee schedule may be amended from time to time by the town council by resolution. 3) Within 30 days after submission of the completed stormwater management plan, the town shall approve, with or without specified conditions or modifications, or reject the plan and shall notify the applicant accordingly. If the town has not rendered a decision within 30 days after plan submission, it shall inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the town shall state its reasons. However, it is not the responsibility of the town or its designated agent to design an acceptable project. 4) The stormwater management plan shall not be approved unless it clearly indicates that the proposed development will meet the performance standards described in section 18-658 and the design standards described in section 18-659, except where a variance has been granted pursuant to section 18-655(d), or where off -site management is approved pursuant • to section 18-660. 5) No stormwater management plan may be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the town's building inspector or his designated representative for scheduling the following inspections: a) Initial inspection: Prior to approval of the stormwater management plan; b) Bury inspection: Prior to burial of any underground drainage structure; c) Erosion control inspection: As necessary to ensure effective control of erosion and sedimentation; d) Finish inspection: When all work including installation of all drainage facilities has been completed. 6) The town building inspector or his designated agent shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved stormwater management plan. The applicant shall promptly correct any portion of the work that does not comply or the applicant will be subject to the penalty provisions of section 18-662. 7) Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a properly filed application for a permit, issuance of • a written notice of violation, or an alleged failure to properly enforce this article in regard to a specific application shall have the right to appeal the action to the town council. The appeal shall be filed in writing within 30 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the Appendix A - 11 D RAFT #2 • appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under local and state statutes. (Ord. of 6-12-2001, ch. 4, § 7.0) Sec. 18-658. Performance standards. The stormwater management plan must demonstrate the proposed development or activity has been planned and designed and will be constructed and maintained to meet each of the following standards: 1) Ensure that after development, runoff from the site approximates the rate of flow, volume and timing of runoff that would have occurred following the same rainfall under existing conditions and, to the extent practicable, predevelopment conditions; 2) Maintain the natural hydrodynamic characteristics of the watershed; 3) Protect or restore the quality of groundwaters and surface waters; 4) Ensure that erosion during and after development is minimized; 5) Protect groundwater levels; 6) Protect the beneficial functioning of wetlands as areas for the natural storage of surface • waters and the chemical reduction and assimilation of pollutants; 7) Prevent increased flooding and damage that results from improper location, construction and design of structures in areas which are presently subject to an unacceptable danger of flooding; is 8) Prevent or reverse salt water intrusion; 9) Protect the natural fluctuating levels of salinity in estuarine areas; 10) Protect the integrity of natural inter-dunal trough groundwater recharge areas; 11) Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat; 12) Otherwise further the objectives of this article. (Ord. of 6-12-2001, ch. 4, § 8.0) Appendix A - 12 DRAFT #2 • Sec. 18-659. Design standards. To ensure attainment of the objectives of this article, and to ensure that performance standards will be met, the design, construction, and maintenance of drainage systems shall be consistent with the following standards: 1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead, runoff shall be routed through vegetated swales and other systems designed to increase time of concentration, decrease velocity, increase filtration, allow suspended solids to settle, and remove pollutants. 2) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized or otherwise altered. Water shall be retained or detained before it enters any natural watercourse in order to preserve the natural hydrodynamics of the watercourse and to prevent siltation or other pollution. 3) The area of land disturbed by development shall be as small as practicable. An adequate barrier from construction activity shall protect the areas that are not to be disturbed. Whenever possible, natural vegetation shall be retained and protected. 4) No grading, cutting or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, watercourses and wetlands. 5) Land that has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to revegetate the area. 6) Sediment shall be retained on the site of the development. 7) Wetlands and other water bodies shall not be used as sediment traps during development. 8) Erosion and sedimentation facilities shall receive regular maintenance to ensure that they continue to function properly. 9) Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is low enough to prevent erosion. 10) Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body, and allow for periodic flooding without damage to structures. A 30-foot buffer is required by CAMA rules (15A NCAC 07H.0209) for all coastal shorelines. 11) Intermittent watercourses, such as swales, shall be vegetated. 12) Retention and detention ponds shall he used to retain and detain the increased and accelerated runoff which the development generates. Water shall be released from detention ponds into watercourses or wetlands at a rate and in a manner approximating the • natural flow which would have occurred before development. 13) The first 1.5 inch of runoff from impervious surfaces shall be retained on the site of the development. Where site conditions, such as soil conditions and slope permit, the use of Appendix A - 13 DRAFT #2 • preserved woods and other on -site vegetated areas for on -site stormwater containment areas in lieu of construction of devices is encouraged. The vegetated area must meet the calculations contained in the Stormwater Management Manual. 14) Detention and retention areas shall be designed so that shorelines are sinuous rather than straight and so that length of shoreline is maximized, thus offering more space for the growth of littoral vegetation. 15) The banks of detention and retention areas shall slope at a gentle grade into the water as a safeguard against drowning, personal injury or other accidents, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore as water levels periodically rise and fall. 16) The use of drainage facilities and vegetated buffer zones as open space, recreation and conservation areas shall be encouraged. (Ord. of 6-12-2001, ch. 4, § 9.0) Appendix A - 14 DRAFT #2 • Sec. 18-660. Manual of stormwater management practices. n t� • 1) The town shall compile a manual of stormwater management practices for the guidance of persons preparing stormwater management plans, and designing or operating drainage systems. The manual shall be updated periodically to reflect the most current and effective practices and shall be made available to the public. 2) The manual shall include guidance and specifications for the preparation of stormwater management plans. Acceptable techniques for obtaining, calculating and presenting the information required in the stormwater management plans shall be described. 3) The manual shall include guidance in the selection of environmentally sound practices for the management of stormwater and the control of erosion and sediment. Specific techniques and practices shall be described in detail. The development and use of techniques that emphasize the use of natural systems shall be encouraged. 4) The manual shall also establish minimum specifications for the construction of drainage facilities. Construction specifications shall be established in accordance with current good engineering practices. 5) The building inspector shall submit the manual and subsequent revisions of it to the town council and planning board for review and approval. (Ord. of 6-12-2001, ch. 4, § 10.0) Appendix A - 15 DRAFT #2 • Sec. 18-661. Maintenance. The owner shall grant to the town the right to enter to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the town shall give the owner written notice of the nature of the existing defects. If the owner fails within 30 days from the date of notice to commencement corrective action or to appeal the matter to the town council, the town may take necessary corrective action, the cost of which shall become a lien on the real property until paid. (Ord. of 6-12-2001, ch. 4, § 11.0) Sec. 18-662. Enforcement of article provisions. 1) Nuisance. Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan, as required by this article, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. 2) Civil and criminal Pena/ties. In addition to or as an alternative to any penalty provided in this section or by law, any person who violates the provisions of this article shall be punished in accordance with section 1-7. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. 3) Restoration,- liens. Any violator may be required to restore land to its undisturbed condition. If restoration is not undertaken within a reasonable time after notice, the town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. 4) Notice of violation. When the town building inspector determines that development activity is not being carried out in accordance with the requirements of this article, he shall issue a written notice of violation to the owner of the property. The notice of violation shall contain the following: a) The name and address of the owner or applicant; b) The street address when available or a description of the building structure, or land upon which the violation is occurring; c) A statement specifying the nature of the violation; d) A description of the remedial actions necessary to bring the development activity into compliance with this article and a time schedule for completion of such remedial action; e) A statement of the penalties that shall or may be assessed against the person to whom the notice of violation is directed; f) A statement that the town's determination of violation may be appealed to the town council by filing a written notice of appeal within 15 days of service of notice of violation. i) Service of notice. The notice of violation shall be served upon the person to whom it is directed either personally, in the manner provided for personal service of notices by the court of local jurisdiction or by mailing a copy of the notice of violation by Appendix A - 16 DRAFT #2 certified mail, postage prepaid, return receipt requested, to such person at his last known address. ii) Determination; appeal. A notice of violation issued pursuant to this section constitutes a determination from which administrative appeal may be taken to the town council. (Ord. of 6-12-2001, ch. 4, § 12.0) Secs. 18-663--18-700. Reserved. • • Appendix A - 17 DRAFT #2 • 1-1 • APPENDIX 6 TOWN OF OAK ISLAND, NC ILLICIT DISCHARGE ORDINANCE Appendix B - 1 DRAFT #2 s April 10, 2002 April 15, 2002 Updated Billy Fincher, Stormwater Administrator Town of Oak Island Public Utilities Department 4601 East Oak Island Drive Oak Island, NC 28465 RE: Proposed Illicit Storm Water Discharge Ordinance Dear Billy Fincher: McKim & Creed 17630008 (10) I am pleased to provide you a grammatically corrected version of the Proposed Town of Oak Island Illicit Storm Water Discharge Ordinance, which has been developed and formalized through great assistance of the Public Storm Water Committee Members. Enclosed for your use are six (6) bound copies and 15 stapled copies for the ordinance. This submittal is for your submission to your Planning Department, to receive their recommendations, and subsequent continuance of Adoption protocol. By copy of this letter, 'James Rosich is provided this latest proposed document for review, and comment. The Proposed Ordinance is a result of the assistance received through the North Carolina Division of Coastal Management (DCM) Grant, Contract Number S02057, including direction from James E Rosich, AICP, DCM. This has been a pleasure working with the Committee on this notable project. Theirs and your many contributions, and readings have provided this note worthy progress. Please free to contact myself with any additional comments, or needs. I thank you for your personal investment of time and energy. Sincerely, McKim & Creed, PA Gregory J Hetzler, PE Planner -in -Charge for DCM Senior Project Manager cc: James E Rosich, AICP w/encl Linda Faulkner -Vaughn, Public Relations McKim & Creed, PA w/encl John Olansen, Director of Public Works w/encl Public Storm Water Committee Members w/encl o Sheila M Bell, Ken Scott, Michael P McCabe, Thomas C Shaynock, Jim Boney Appendix B - 2 � TOWN OF OAK ISLAND ILLICIT STORM WATER DISCHARGE ORDINANCE • 0 The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. ILLICIT STORM WATER DISCHARGE ORDIANCE TOWN OF OAn ISLAND Appendix B - 3 DRAFT #2 • SECTION PAGE CHAPTER - ILLICIT STORM WATER DISCHARGE ORDINANCE .......... 5 SECTION 1.0: SHORT TITLE..................................................................................................... 5 SECTION2.0: DEFINITIONS....................................................................................................5 SECTION3.0: FINDINGS OF FACTS...................................................................................... 8 SECTION4.0: OBJECTIVES....................................................................................................8 SECTION5.0: APPLICABILITY................................................................................................9 SECTION 6.0: RESPONSIBILITY FOR ADMINISTRATION...................................................... 10 SECTION 7.0: ULTIMATE RESPONSIBILITY........................................................................... 10 SECTION 8.0: WATERCOURSE PROTECTION..................................................................... 10 SECTION 9.0: REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES .............. 11 SECTION 10.0: PERMITTED DISCHARGE ACTIVITY.............................................................. 11 SECTION 11.0: DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE ....... 11 SECTION 12.0: MONITORING OF DISCHARGE...................................................................12 SECTION 13.0: SUSPENSION OF STORM WATER DRAIN ACCESS.....................................12 • SECTION 14.0: NOTIFICATION OF SPILLS.............................................................................13 SECTION 15.0: ENFORCEMENT............................................................................................ 13 SECTION 16.0: APPEAL OF NOTICE OF VIOLATION........................................................... 14 SECTION 17.0: ENFORCEMENT MEASURES AFTER APPEAL ............................................... 14 SECTION 18.0: INJUNCTIVE RELIEF....................................................................................... 14 SECTION 19.0: ALTERNATIVE COMPENSATORY ACTION .................................................. 15 SECTION 20.0: VIOLATIONS DEEMED A PUBLIC NUISANCE .............................................. 15 • SECTION 21.0: CRIMINAL PROSECUTION........................................................................... 15 SECTION 22.0: REMEDIES NOT EXCLUSIVE..........................................................................15 SECTION 23.0: SEVERABILITY................................................................................................15 SECTION 24.0: ADOPTION OF ORDINANCE...................................................................... 15 Appendix B - 4 TOWN OF OAK ISLAND STORMWATER PROGRAM • CHAPTER ILLICIT STORM WATER DISCHARGE ORDINANCE SHORT TITLE This ordinance shall be known as the "Illicit Storm Water Discharge Ordinance for the Town of Oak Island, North Carolina." DEFINITIONS Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most effective application. Words used in singular shall include the plural and the plural the singular, words used in the present tense shall include the future tense. The word "shall" denotes mandatory and not discretionary; the word "may" is permissive. Adverse Impacts: Any modifications, alterations or effects on a feature or characteristic of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful. Authorized Enforcement Agency: Employees or designees of the Town of Oak Island. Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. & 1251 et. seq.), and any subsequent amendments thereto. Community of Waters: See Waters. Connection: Any physical common joining including devices that are natural, constructed, installed, fabricated, shaped, redirected, sloped, pumped, drained connection including methods by artificial or natural means, and located either above surface, at surface, or sub -surface locations, and from either indoor, outside, and moveable sources of origination and including spills. Construction Activity. Activities subject to NPDES Construction Permits. These include construction permits resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Drainage Facility: Any component of the drainage system. Drainage System: System through which water flows from the land, including piping, watercourses, water bodies, and wetlands. Excluded Storm Water System Discharge Category: The following categores of potenLiar discharges to the storm water system are not to be considered as illegal discharges, except if in the judgment of the Town of Oak Island, activities under these categories, or the categories, are significant contributors of pollutants: 1. Water Line Flushing 2. Landscape and Lawn Irrigation Water 3. Diverted Stream Flows 4. Rising Ground Waters 5. Uncontaminated Ground Water Infiltration (as defined at 40 CFR 35.2005(20)) 6. Uncontaminated Pumped Ground Water 7. Discharges from Potable Water Sources • 8. Air Conditioning Condensation 9. Springs Appendix B - 5 TOWN OF OAK ISLAND STORMWATER PROGRAM 10. Water from Crawl Space Pumps 40 11. Individual Residential Car Washing 12. Flows from Riparian Habitats and Wetlands 13. De -chlorinated Swimming Pool Discharges 14. Street Wash Water 15. Foundation or Footing Drains (not including active groundwater dewatering systems) 16. Other Water Source Discharge Not Containing Pollutants 17. Discharges or Flows from Fire Fighting Activities Only Need to be Addressed Where They Are Identified as Significant Sources of Pollutants Flood: Temporary rise in the level of any water body, watercourse or wetland which results in the inundation of areas not ordinarily covered by water. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Connection: Any unlawful connection, which allows the discharge of non-stormwater to the Stormwater conveyance system or waters of the State in violation of this Ordinance, regardless of whether said conveyance system or connection had been previously allowed, permitted, or approved by the Town of Oak Island or, including whether any conveyance system or connection to the storm water drain system which has not been documented in plans, maps, or equivalent records and approved by the Town of Oak Island for a private, residential, commercial, industrial or public land use. Illegal Discharge: Any unlawful direct or indirect non -storm water discharge, disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance other than storm water into the Municipal Separate Storm Sewer System (MS4), that is not composed entirely of storm water and, except discharges pursuant to a current NPDES Permit, discharges resulting from fire fighting activities, and excluded discharge categories, such that the substance is likely to reach a storm water conveyance or the waters of the State. These Illicit Storm Water Discharges may include earth, fluid, solid, gas, or other substances, other than storm water, provided that non -storm water discharges associated with an Excluded Storm Water System Discharge Category may significantly impact water quality. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.23 (b)(14). MS4: Municipal Separate Storm Sewer System. Municipal Separate Stone Sewer System (MS4): A separate conveyance system; constructed, or nnsent to convey storm water drama e separately from other wastes systems such as sewer r_,,,,,,. , Y g � P Y Ys systems, through the use of ditches, swales, pipes, culverts, over -land drainage, surface and subsurface flows. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or a State under authority delegated pursuant to 33 U.S.C. & 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Natural Systems: Those communities of plants, animals, bacteria and other flora and fauna that occur indigenously on the land, in the soil or in the water. Non -Storm Water Discharge: Any discharge to the storm water drain system that is not icomposed entirely of storm water. Appendix B - 6 TOWN OF OAK ISLAND STORMWATER PROGRAM NPDES Phase II Regulations: Federal Register Part II 40 CFR Parts 9,122,123 and 124 the "National Pollutant Discharge System — Regulations for Revision of the Water Pollution Control Program Addressing Storm Water Discharge". Person: Person means any and all persons, includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. Pollutant Anything that causes or contributes to pollution. Pollutants may include, but are not limited to paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Receiving Bodies of Water. Water bodies, watercourses or wetlands into which surface waters flow either naturally, in manmade ditches, or in a closed conduit system. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation, regardless of amount of precipitation or time of precipitation event. Storm Water Drainage System: Facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and man-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the Maximum Extent Practicable. Wastewater. Means any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks. Water Body: Natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernable shoreline. Waters or Community of Waters: Water on or beneath the surface of the ground inc_it' ng aterrourses, water b -watercourses, or drainage systern, including diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as coastal waters. Waters of the State: Surface waters within or flowing through the boundaries of the State including any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series topographic maps. Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the State and which are not the result of impoundment of waters of the State, are not waters of the State. Wetlands: Means those areas where 0 1. The soil is ordinarily saturated with water, or Appendix B - 7 TOWN OF OAK ISLAND STORMWATER PROGRAM 2. The dominant plant community is one or more of those species designated by the U.S. Army Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or 3. The presence of one or more of those plant species designated by the North Carolina Division of Coastal Management as identifying coastal wetlands or the transitional zone of coastal wetlands. FINDINGS OF FACTS The Town Council of the Town of Oak Island finds that the discharge of non -storm water drainage to waters of the state and to the municipal storm drainage system could have significant adverse impact upon health, safety, and welfare of the community. More specifically: 1. Illicit Storm Water Discharges carry pollutants into receiving water bodies, degrading water quality and effect in closures of shell fishing waters. 2. A nutrient such as phosphorus or nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna. 3. Improper connection to the storm drain system and to waters of the State adversely impacts quality of receiving waters. 4. Septic tank discharges from non -compliant systems, washing machine discharges, and illegal dumping into the storm water drains are examples of illicit discharges. 5. The Town of Oak Island must have the authority to deter and/or stop illicit discharges to storm water drains and ditches. 6. Substantial economic losses result from these adverse impacts on community waters. 7. Illicit discharges to water bodies diminish their capacity to naturally process runoff nutrients, thereby harming flora and fauna. 8. Increase of illicit discharge to waters can percolate into the soil, thereby decreasing groundwater quality. 9. Improperly managed storm water systems can decrease the quality of property and human life. 10. Improperly managed storm water drainage systems can interfere with the maintenance of optimum estuarine areas and biological productivity. 11. Many future problems can be avoided if land is developed in accordance with an Illicit Storm Water Discharge Ordinance. OBJECTIVES The purpose of this ordinance is to provide for the health, safety, and general welfare of the people of the Town of Oak Island through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction. of pollutants into the Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. In order to protect, maintain, and enhance both the immediate and the long-term health, safety and general welfare of the Town of Oak Island, This ordinance has the following objectives: 1. To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System (MS4) by storm water discharges by any user. 2. To prohibit illicit connections and discharges to the Municipal Separate Storm Sewer System (MS4). 3. To establish legal authority to carryout all inspections, surveillances, and monitoring procedures necessary to ensure compliance with this ordinance. 4. To encourage productive and enjoyable harmony between humanity and nature. 5. To protect and maintain the chemical, physical, and biological integrity of any and all waters. Appendix B - 8 TOWN OF OAK ISLAND STORMWATER PROGRAM • 6. To prevent individuals and organizations from causing harm to the community by activities which adversely affect water resources. 7. To encourage the maintenance and construction of drainage systems which aesthetically and functionally approximate natural systems. 8. To encourage Town occupants to be aware of potential sources of illicit discharges, so they can better manage their actions in the environment. 9. To protect natural systems and their uses in ways that do not impair their beneficial functioning. 10. To increase and maintain the quality of groundwater sources. 11. To protect and maintain estuarine areas. 12. To prevent damage to Waters, including wetlands and groundwater systems. 13. To protect and maintain fish and wildlife habitats. 14. To ensure the attainment of these objectives by requiring the approval and implementation of the Illicit Storm Water Discharge Ordinance. APPLICABILITY This Ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Town of Oak Island, as an Excluded Discharge Category. Storm Water Discharge, occurring after the effective date of this ordinance within the Town of Oak Island, must comply with the Illicit Storm Water Discharge Ordinance. All persons must take appropriate actions and measures, as defined by this Illicit Stone Water Discharge Ordinance, and all other Town of Oak Island Ordinances, regulations and laws, to stop all illicit storm water discharges that may occur on their property and, if necessary, ensure appropriate corrective • measures are taken on any existing known, noted or observed non -compliant items including: discharges, connections, activities, or actions. All person shall address present non -complying illicit stonn water discharges including the following possible occurrences: 1. Connections to a storm water conveyance or storm water conveyance system, which allows the discharge of non -storm water, other than Excluded Discharge Category, are unlawful. Prohibited discharges include, but are not limited to: a. Floor drains b. Waste water from washing machines c. Waste water from sanitary sewers d. Wash water from commercial vehicle washing or steam cleaning e. Connection of drainage leaders from structures f. Failed or failing wastewater disposal fields g. Illicit discharge resulting from household pet waste h. Illicit discharge resulting from lawn care products including excessive fertilizers, lawn/landscape chemical treatments i. Disposal of household hazardous pollutants j. Abandoned water wells 2. Where such connections exist and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following application of this regulation. 3. The one (1) year grace period shall not apply to connections which may result in the • discharge of hazardous materials or other discharges which pose any immediate threat to health and safety; are likely to result in immediate injury and harm to real or personal Appendix B - 9 TOWN OF OAK ISLAND STORMWATER PROGRAM • property, natural resources, wildlife, or habitat; or were made in violation of any applicable regulation or ordinance. 4. The Town of Oak Island shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Town of Oak Island shall take into consideration: a. The quantity and complexity of the work, b. The consequences of delay, C. The potential harm to the environment, to the public health, and to public and private property, and d. The cost of remedying the damage. 5. Unless exempted pursuant to subsection (6) or granted a variance pursuant to subsection (6), a corrective plan must be submitted and corrected action to remedy an identified Illicit Storm Water Discharge taken before: a. A plat is recorded or land is subdivided; or b. An existing drainage system is altered, rerouted, or deepened; or c. A new building permit is issued. 6. Exemptions: The following development activities are exempt from the Illicit Storm Water Discharge Ordinance Plan requirement. a. Agricultural activity not involving the artificial drainage of land b. Variances: The Town of Oak island may grant a written variance from any requirement of this ordinance using the following criteria: i. There are special circumstances applicable to the subject property of its intended use; and • I The granting of the variance will not 1) Significantly increase or decrease the rate of illicit storm water discharge, or pollutants 2) Have a significant adverse impact on an area "404 wetland", watercourse or water body. 3) Significantly contribute to the degradation of water quality. 4) Otherwise significantly impair attainment of the objectives of this ordinance. RESPONSIBILITY FOR ADMINISTRATION The Town of Oak Island shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Town of Oak Island may be delegated in writing to persons or entities acting in the beneficial interest of the Town of Oak Island. ULTIMATE RESPONSIBILITY The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance byany person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. WATERCOURSE PROTECTION Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Appendix B - 10 TOWN OF OAK ISLAND STORMWATER PROGRAM • REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The Town of Oak Island will adopt requirements identifying Best Management Practices for any activity, operation, or property that may cause or contribute to pollution or contamination of storm water, the storm water drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm water drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or maybe, the source of an illicit discharge, maybe required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the storm water drain system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this Section. These BMPs shall be part of a Storm Water Management Plan as necessary for compliance with requirements of the NPDES permit. PERMITTED DISCHARGE ACTIVITY Any person subject to an NPDES storm water discharge permit (including construction activity, Land Disturbance Permit, Industrial NPDES Permit or other NPDES Permit) shall comply with all provisions of such permit. Proof of compliance with said permit maybe required in a form acceptable to the Town of Oak Island prior to the allowing of discharges to the storm water drain system. DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE • No person shall discharge or cause to be discharged into the storm water drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm water drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established bythis Ordinance. a. Rising ground water, b. Uncontaminated pumped ground water, c. Foundation or footing drains (not including active groundwater dewatering systems), d. Crawl space pumps, e. Other water source not containing pollutants. 2. Discharges specified in writing by the Town of Oak Island as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the Town of Oak Island prior to the time of the test. 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the persons and administered under the compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm water drain system. PROHIBITION OF ILLICIT CONNECTIONS The construction, use, maintenance or continued existence of illicit connections to the storm water drain system is prohibited. Appendix B - 11 TOWN OF OAK ISLAND STORMWATER PROGRAM • This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this Ordinance if the person conveys non -storm water to the storm water drain system, or allows such a connection to continue. MONITORING OF DISCHARGE This Section applies to all properties that have storm water discharges. ACCESS TO PROPERTIES 1. The Town of Oak Island shall be permitted to enter and inspect property subject to regulation under this Ordinance as often as may be necessary to determine compliance with this Ordinance. If a discharger has security measures in force, which require proper identification and clearance before entry onto property, the discharger shall make the necessary arrangements to allow access to representatives of the Town of Oak Island. 2. Existing NPDES permit operators shall allow the Town of Oak Island ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. The Town of Oak Island shall have the right to establish on any permitted property such devices as are necessary in the opinion of the Town of Oak Island to conduct monitoring and/or sampling of the storm water discharge from the property. Sampling may include turbidity, coliform, nutrients, Suspended Solids. Other testing devices of existing systems may include video recording, dye testing, etc. 4. The Town of Oak Island has the right to require NPDES permittees discharging storm water to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at their expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the property to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Town of Oak Island and shall not be replaced. The cost of clearing such access shall be borne by the person. 6. Unreasonable delays in allowing the Town of Oak Island access to a permitted property is a violation of a storm water discharge permit and of this Ordinance. A person who is the operator of a property with an NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Town of Oak Island reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Ordinance. 7. If the Town of Oak Island has been refused access to any part of the premises from which storm water is discharged, and is able to demonstrate probable cause to believe that there maybe a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Town of Oak Island may seek issuance of a search warrant from any court of competent jurisdiction. SUSPENSION OF STORM WATER DRAIN ACCESS SUSPENSION DUE TO ILLICIT DISCHARGE IN EMERGENCY SITUATIONS The Town of Oak Island may, without prior notice, suspend storm water drain discharge access to a person or business when such suspension is necessary to stop an actual or threatened discharge Appendix B - 12 TOWN OF OAK ISLAND STORMWATER PROGRAM which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm water drain system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Town of Oak Island may take such steps as deemed necessary to prevent or minimize damage to the storm water drain system or waters of the United States, or to minimize danger to persons. SUSPENSION DUE TO THE DETECTION OF ILLICIT DISCHARGE Any person discharging to the storm water drain system in violation of this Ordinance may have their storm water drain access terminated if such termination would abate or reduce an illicit discharge. The Town of Oak Island will notify a violator of the proposed termination of its storm water drain access. The violator may petition the Town of Oak Island for a reconsideration and hearing. A person commits an offense if the person reinstates storm water drain access to premises terminated pursuant to this Section, without the prior approval of the Town of Oak Island. NOTIFICATION OF SPILLS Not withstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm water drain system, or waters of the United States said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies, Town Police, Fire Rescue, and Town Offices, of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the Town of Oak Island in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town of Oak Island within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ENFORCEMENT NUISANCE Any activity that is commenced without acceptance of the Illicit Storm Water Discharge Ordinance, or is conducted contrary to an approved plan as required by this Ordinance, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. VIOLATION NOTIFICATION When the Town of Oak Island determines that an activity is not being carried out in accordance with the requirements of this Ordinance, the Town of Oak Island will issue a written notice of violation, to the owner of the property. The notice of violation shall contain: 1. The name and address of the owner or applicant; 2. The Street address when available or a description of the building structure, or land upon which the violation is occurring; 3. A statement specifying the nature of the violation; 4. A description of the remedial actions necessary to bring the development activity into compliance with this Ordinance and a time schedule for completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. The notice of violation shall be served upon the person(s) to whom it is directed either personally, in the manner provided for personal service of notices by the court of local Appendix B - 13 TOWN OF OAK ISLAND STORMWATER PROGRAM • jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at person's last known address. CIVIL AND CRIMINAL PENALTIES In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. COSTS FOR RESTORATION, CORRECTIVE ACTION, ABATEMENT, AND MONITORING Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a deadline within which such remediation or restoration must be completed. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Oak Island may take necessary corrective action, the cost of which shall become alien upon the property until paid. Costs to the property owner may include: 1. The performance of monitoring, analysis, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property, 5. Payment of costs for Town of Oak Island administrative and remediation costs; 6. Town of Oak Island's cost if they implement source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the Town of Oak Island or a contractor will do the work and the expense thereof shall be charged to the violator. APPEAL OF NOTICE OF VIOLATION A notice of violation issued pursuant to this section constitutes a determination from which administrative appeal maybe taken to the Town Council. A statement will be issued that the Town's determination of violation may be appealed to the Town Council by filing a written notice of appeal within fifteen (15) days of service of notice of violation. The decision of the Town of Oak Island or designee shall be final. ENFORCEMENT MEASURES AFTER APPEAL If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal within fifteen (15) days of the decision of the Town of Oak Island upholding the violation, representatives of the Town of Oak Island may enter upon the subject property to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, or agent in possession of any premises to refuse to allow the Town of Oak Island or their designated contractor to enter upon the premises for the purposes set forth above. INJUNCTIVE RELIEF It shall be unlawful for any person to violate anyprovisions or fail to complywith any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the Town of Oak Island may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Appendix B - 14 s TOWN OF OAK ISLAND STORMWATER PROGRAM ALTERNATIVE COMPENSATORY ACTION In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the Town of Oak Island may impose alternative compensatory action upon a violator. Alternative compensatory action will be established in equitable measures and may include items such as: 1. Community Service 2. Attendance at Compliance Workshops 3. Beach Cleanup 4. Public Education Efforts VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, maybe summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance maybe taken. CRIMINAL PROSECUTION Any person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty cost, per each day of violation, and/or imprisonment for a period of time not to exceed statutory limits. The Town of Oak Island may recover all attorney's fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. REMEDIES NOT EXCLUSIVE The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Town of Oak Island to seek cumulative remedies. SEVERABILITY Each separate provision of this Ordinance is deemed independent of all other provisions herein so that if any provision or provisions of this Ordinance were declared invalid, all other provisions thereof shall remain valid and enforceable. ADOPTION OF ORDINANCE This Ordinance shall be in full force and effect days after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. PASSED AND ADOPTED this day of , 20 , by the following vote: Appendix B - 15 Is TOWN OF OAK ISLAND STORMWATER PROGRAM SECTION 20.0: VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. SECTION 21.0: CRIMINAL PROSECUTION Any person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty cost, per each day of violation, and/or imprisonment for a period of time not to exceed statutory limits. The Town of Oak Island may recover all attorney's fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. SECTION 22.0: REMEDIES NOT EXCLUSIVE The remedies listed in this Ordinance ate not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Town of Oak Island to seek cumulative remedies. SECTION 23.0: SEVERABILITY Each separate provision of this Ordinanr;e is deemed independent of all other provisions herein so that if any provision or provisions of this Ordinance were declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 24.0: ADOPTION OF ORDINANCE This Ordinance shall be in full force and effect days after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. PASSED AND ADOPTED this 13 I day of 11 ,., , `� :. 1 , 20 0 ! by the following vote: ATTESTED: I a t, Patricia H. Brunell. CIVIC Town Clerk HORACE COLLIER . ;a 1n,ry" MAYOR 17 tt ` (SEAL} 92' C}tARTEREL) e _ 1999 ......chE:3 A[iAe - 17 Appendix B - 16