Title: Section 128-8.1 - Local government stormwater protection plans

Section 128-8.1 Local government stormwater protection plans.

(a) A local government of a town, village, or county in the
watershed may submit to the Department for review and approval a proposed
local government stormwater protection plan ("Stormwater Plan") to
undertake all or some aspects of watershed protection as set forth in
section 128-3.9 of these rules and regulations. The Stormwater Plan may be
submitted individually by a local government or jointly with one or more
adjoining local government(s) in accordance with the requirements of this
Subpart.

(1) Within 90 days of receipt by the Department of a
proposed Stormwater Plan, the Department shall review the proposed
Stormwater Plan to determine whether it meets the requirements of this
Section and notify the local government, in writing, whether the proposed
Stormwater Plan is approved;

(2) If the Department fails to notify the local
government(s) in writing of its determination within the 90 day period set
forth in paragraph (a)(1) of this subdivision, the local government(s) may
notify the Department of its failure by means of certified mail, return
receipt requested to the local Department representative who is responsible
for processing the Stormwater Plan;

(3) If the Department fails to notify the local
government(s) within ten (10) business days of the receipt of such notice
the Stormwater Plan shall be deemed approved subject to the terms and
conditions set forth in the most recent submission by the local
government(s).

(b) Pursuant to the terms and conditions of an approved
Stormwater Plan, the Department may issue a waiver from specific provisions
of section 128-3.9 of these rules and regulations, including the
prohibition of construction of an impervious surface within the limiting
distance of 100 feet of a watercourse or wetland or within the limiting
distance of 300 feet of a reservoir, reservoir stem or controlled lake, for
all applicants of projects located within some or all of the geographical
area of the local government(s). The Department may issue such waivers
after a local government(s) has an approved Stormwater Plan.

(c) An approvable Stormwater Plan shall include:

(1) The specific provision(s) of section 128-3.9 of these
rules and regulations from which the waiver is sought;

(2) A description of the metes and bounds of the
geographical area (town, village, county, or part thereof) for which the
waiver is sought, including a map of the described area;

(3) Mechanisms to be established by the local government
that are at least as protective of the watershed reservoir drainage basin
in which the waiver will be effective as the specific provisions of Section
128-3.9 of these rules and regulations from which the waiver is sought;

(4) A commitment by the local government(s) to implement
each element of the Stormwater Plan in accordance with the terms of the
Stormwater Plan and a schedule for implementation of all elements of the
Stormwater Plan;

(5) An agreement by the local government(s) to coordinate
with the Department any review by the local government(s) required under
the State Environmental Quality Review Act for regulated activities, as
defined in these rules and regulations;

(6) The rights, obligations and roles of the local
government(s) and the Department under the Stormwater Plan; and

(7) Identification of the approximate number, technical
expertise and experience of personnel and all other resources that will be
dedicated to carrying out such plan.

(d) The mechanisms to be established pursuant to paragraph
(c)(3) of this subdivision may include:

(1) Stormwater control structures, or best management
practices, that capture and treat stormwater from existing non-point
pollution sources such as areas of concentrated impervious surfaces;

(2) Mechanisms or programs that address the capture and
treatment of stormwater from future non-point pollution sources on a
community-wide basis such as the creation of a stormwater district;

(3) Land use controls, zoning, and other local laws,
ordinances and rules and regulations that will protect the quality of the
water supply, including but not limited to laws and rules and regulations
concerning wetland protection, protection of hydrologically sensitive
areas, and control of runoff from nonpoint pollution sources; or

(4) Educational programs providing information to residents
of the town, village, or county whose local government is involved in the
watershed protection plan process concerning:

(i) The challenges of protecting water quality and the
Federal, State and local requirements for watershed protection;

(ii) The water supply system as a natural resource and
source of drinking water; and

(iii) Actions that can be taken by residents and the local
government to enhance water quality protection.

(e) An annual report shall be submitted by the local
government to the Department on each anniversary of the date of the signing
of the approved Stormwater Plan. The annual report shall include, but need
not be limited to the following information:

(1) A statement by the local government of its compliance
with the terms and conditions of the approved Stormwater Plan; and

(2) A statement of future commitment of adequate financial,
personnel and other resources to continue compliance with the terms and
conditions of the approved Stormwater Plan.

(f) Once the Stormwater Plan is approved by the Department,
the Stormwater Plan shall be considered valid and effective.

(1) The local governments proposing the Stormwater Plan
may, upon written notice to the City, modify the plan at any time after it
has been agreed upon. If the Stormwater Plan is proposed to be modified,
the Department shall make a determination within 60 days of notice of the
proposed modification, whether the Stormwater Plan as modified shall
continue to be valid and effective. In making such a determination, the
Department shall consider whether the Stormwater Plan as modified, taken as
a whole, continues to be at least as protective of the watershed as the
specific provisions of Section 128-3.9 of these rules and regulations from
which the waiver applies. The Stormwater Plan shall continue to be valid
and effective during the period of the Department s review of any proposed
modification. If the Department determines that the proposed modification
would cause the stormwater plan to be not as protective as the provisions
of section 128-3.9 of these rules and regulations which are being waived,
the Department shall so notify the local government(s). The existing and
approved Stormwater Plan will then remain valid and effective until and
unless the local government(s) implemented the proposed changes to the
Stormwater Plan.

(2) If at any time the Department determines that the local
government s administration of all or part of the Stormwater Plan is not as
protective as the provisions of section 128-3.9 of these rules and
regulations which are being waived, the Department may revoke or modify the
Stormwater Plan after notice has been given to the local government and an
opportunity to meet and discuss the problem has been provided.

(3) Upon a final determination to revoke the Stormwater
Plan the waivers issued thereunder shall be void and the watershed rules
and regulations contained herein shall be applicable in the area of the
watershed that was previously exempt pursuant to the waivers issued under
the Stormwater Plan.

(4) Any Stormwater Plan agreed to shall be reviewed by the
parties agreeing to such plan fifteen (15) years after such plan becomes
effective in order to determine whether such plan has met and will continue
to meet its goals.