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Amend the Soil Erosion and Sedimentation (SE&S) Control Agreement between the Town of Chapel Hill and Orange County.
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Staff:
Department:
Lance Norris, Director
Public Works
Chris Roberts, Manager of Infrastructure and Engineering
Ernest Odei-Larbi, Senior Engineer
Overview: The Town of Chapel Hill's National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) permit requires the Town to enforce Soil Erosion and Sedimentation Control measures to protect water quality. In 1986, the Town delegated enforcement of the Town's Ordinance for Soil Erosion and Sedimentation Control to Orange County.
North Carolina Department of Environmental Quality (NCDEQ) has asked all NPDES Phase II communities that are relying on another entity to implement any of the minimum measures of the NPDES permit to consider including the following specific contractual items in any service agreement:
* Clearly defined services that will be provided.
* Requirements to notify the Town if the county's delegated program is put on probation by NCDEQ.
* Reimbursement of any resulting legal defense and /or penalties for failure to implement the agreed upon program components.
Recommendation(s):
That the Council adopt the attached resolution to authorize the Town Manager to execute an amended agreement with Orange County for the continuous enforcement of the Town's Soil Erosion and Sedimentation Control Agreement and to add the contractual items recommended by NCDEQ.
Key Issues:
* The Town of Chapel Hill holds a National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) permit, which regulates stormwater runoff from the Town's stormwater conveyance system that discharge pollutants to waters of the United States. One of the six minimum measures that the NPDES permit requires the Town to enforce is "Construction Site Runoff Controls," also known as Soil Erosion and Sedimentation Control.
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