NCS000448_Weaverville Interlocal Agreement Inquiry_20220105

From:Powell, Jeanette
To:"Jennifer Jackson"
Subject:RE: [External] MS4 Compliance - Town of Weaverville
Date:Wednesday, January 5, 2022 10:56:00 AM
Good Morning,

DEQ does not provide interlocal agreement templates or examples at this time. This is because each
Council/Board typically has their own specific requirements for an agreement, and the permit
requirement is to have legal authority (which requires a joint resolution under state statutory
requirements). DEQ does not evaluate the specific conditions of the agreement beyond providing
legal authority.

Regardless of any interlocal agreement, the MS4 is ultimately responsible for compliance with the
permit/program implementation whether the agreement is fulfilled or not. Therefore, I typically
recommend that any agreement clearly define specific services, appropriate notification if the
agreement is not implemented, and recourse if the agreed upon services are not provided. I also
recommend that any agreement also include MS4-specific reporting metrics so they can be included
in the required annual report, as it is no longer acceptable to reference a county-wide report /
numbers.

The larger MS4s will typically have the most comprehensive interlocal agreements, so you could
reach out to Winston-Salem, Greensboro or High Point for specific examples.

Please let me know if you have any additional questions.

Regards,
J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw

From: Jennifer Jackson <[e-mail]>
Sent: Tuesday, January 4, 2022 1:20 PM
To: Powell, Jeanette <[e-mail]>
Subject: [External] MS4 Compliance - Town of Weaverville

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Ms. Powell – Do you have any templates or examples of interlocal agreements between a
municipality for construction site runoff and/or post-construction stormwater protocols that
provides that the county will be performing that work and that incorporate all of your requirements
and protocols. Town of Weaverville is working on these elements and would like to use a format that
has been found to be compliant if possible.

Thank you!

Jennifer O. Jackson
Town Attorney
PO Box 338
Weaverville, NC 28787
[phone]