Secondary and Cumulative Impacts Master Management Plan - 2014

TOWN OF MORRISVILLE

(TNW) or wetlands adjacent to TNWs. Wetlands adjacent to non-TNWs are subject to jurisdiction of the CWA if: (1) the water body is a relatively permanent water (RPW), i.e. flows year-round or at least 3 months of the year, or is a wetland that directly abuts an RPW; or (2) a water body including adjacent wetlands that have a significant nexus based on the biological, physical, or chemical integrity with TNWs. 6.1.3.3 Sanitary Sewer Overflows The USEPA prohibits discharges to waters of the United States from municipal separate storm sewer systems (MS4s), unless authorized by an NPDES permit. In April 2000, the USEPA released the Compliance and Enforcement Strategy Addressing Combined Sewer Overflows and Sanitary Sewer Overflows (USEPA, 2000). In summary, each USEPA region is responsible for developing an enforcement response plan, which includes an inventory of sanitary sewer overflow (SSO) violations. State regulations (15A NCAC 2B.05.06) require municipalities and other wastewater treatment operators to report wastewater spills from discharges of raw sewage from broken sewer lines and malfunctioning pump stations within 24 hours. NCDWR adopted policies, which include strict fines and other enforcement programs, to protect surface water quality from wastewater spills. For public health, environmental, and regulatory reasons, eliminating SSOs is a high priority for the Town of Cary including the portion of its service area in the Town of Morrisville, as it is for the State of North Carolina. The Town of Cary seeks not only to comply with the minimum requirements regulating its operations, but also to eliminate SSOs in the Town system to the maximum extent feasible. The North Carolina Clean Water Bill of 1999 provides for the development of permits for collection systems that include requirements for inspections, sewer maintenance, and other operational items. The Town’s infrastructure is operated by the Town of Cary. 6.1.3.4 NPDES Stormwater Regulations NPDES stormwater discharges are controlled by the Federal NPDES regulations and enforced by NCDEMLR. The program regulates all major discharges of stormwater to surface waters. NPDES permits are designed to require the development and implementation of stormwater management measures. These measures reduce or eliminate pollutants in stormwater runoff from certain municipal storm sewer systems and industrial activities. The NPDES stormwater permitting system is being implemented in two phases. Phase I was implemented in 1991 and applied to 6 MS4s in North Carolina with populations greater than 100,000 people at that time (and thus, did not include the Town). USEPA’s Phase II rules were finalized on October 29, 1999, and published in the Federal Register on December 8, 1999. The Town was required to develop and implement a stormwater management program. In 2006, the North Carolina General Assembly enacted Session Law 2006-246 to provide for the implementation of Phase II stormwater management requirements. Session Law 2006- 246 is related to, but is not a part of, the NPDES stormwater program and recognizes that urban development can impact surface waters regardless of whether the NPDES stormwater requirements apply. The Session Law established post-construction stormwater management requirements for development activities in areas outside of municipalities that

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