A BILL TO BE ENTITLED
AN ACT to provide for implementation of federal phase II stormwater management requirements, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Phase II Stormwater Permit Application and Standards. – An application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management submitted by a local government designated as an urbanized area under the 1990 or 2000 census by the Bureau of the Census shall be deemed timely received if the application was submitted to the Department of Environment and Natural Resources in accordance with the application schedule set out in Section 6 of the temporary rule adopted by the Environmental Management Commission on 10 October 2002.  To obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management under this Section, an applicant shall develop, implement, and enforce a stormwater management plan approved by the Department that satisfies the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition).  The evaluation of the post‑construction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition) shall be conducted as provided in Section 10 of the temporary rule adopted by the Environmental Management Commission on 10 October 2002.  A municipality with a population of less than 1,000, including a municipality designated by the 1990 or 2000 census, is not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of § 33 U.S.C. 1313(d).
SECTION 2.  Phase II Stormwater Implementation Deadlines. – 
(1)	For a permit application submitted by a local government that was designated as an urbanized area under the 1990 census by the Bureau of the Census, the Department of Environment and Natural Resources shall send a draft permit decision to public notice by 1 November 2004.
(2)	For a permit application submitted by a local government that was designated as an urbanized area under the 2000 census by the Bureau of the Census, the Department of Environment and Natural Resources shall send a draft permit decision to public notice by 1 May 2005.
(3)	A local government shall adopt post‑construction stormwater management measures that become effective within 24 months after the date on which a permit is issued.
SECTION 3.  This act is effective when it becomes law.