HomeMy WebLinkAbout2010-162 Planning - Hillsborough Stormwater Program Management & Erosion Control ServicesAttachment 1 `~~
STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT
COUNTY OF ORANGE TOWN OF HILLSBOROUGH
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made as of µ('C;;1n~~- ~ , 2010, by and
between ORANGE COUNTY, a political subdivision of the State of North Cazolina (hereinafter
"County") and the TOWN OF HILLSBOROUGH, North Carolina, a municipal corporation of
the State of North Carolina (hereinafter "Town").
WITNESSETH:
WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. §160A-458 and
G.S. §160A-459, which authorize towns to adopt and enforce storm water and erosion control
ordinances, and G.S. §160A-360(d) which permits the Town to request the Boazd of County
Commissioners to exercise their powers within Town's jurisdiction, and they shall thereupon be
empowered to do so until the TOWN officially withdraws its request in the manner provided in
G.S. §160A-360(g). (1969, c. 1065, s. l; 1971, c. 698, s. 1; 1973, c. 426, s. 64; 1993, c. 232, s.3.)
WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. § 160A-461
(Interlocal Cooperation), North Carolina Statutes, which permits the Town and the County to
resolve to enter into a contract of reasonable duration to execute an undertaking within the
Town's planning jurisdiction;
WHEREAS, County maintains a Department of Planning and Inspections, which includes
an Erosion Control Division ("Erosion Control") that conducts site plan review and inspections,
administers the Orange County Soil Erosion and Sedimentation Control Ordinance and the
Stormwater Ordinance for Lands Within the Neuse River Basin, maintains administrative offices
and records;
WHEREAS, on ~-~" ~ 2010, the State of North Cazolina Department of
Environment and Natur Resources, Division of Water Quality (hereafter the "Division of
Water Quality") issued to the Town Permit No. NCS000466, effective October 1, 2010, and
expiring on midnight on October 1, 2015 (hereafter the "Permit"), authorizing the Town to
dischazge stormwater from the Town's Municipal Separate Storm Sewer System under the
National Pollutant Dischazge Elimination System (NPDES);
WHEREAS, the Town is desirous of procuring selected services of County for the
performance of Permit compliance and enforcement of the Orange County Soil Erosion and
Sedimentation Control Ordinance (hereafter the "Erosion and Sedimentation Control
Ordinance") within the municipal boundaries and/or of the Town's Extraterritorial Jurisdiction as
may be changed from time to time;
WHEREAS, County, through said Erosion Control Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth;
WHEREAS it is in the best interest of the citizens of the Town and County to promote a
sustainable community that provides for the monitoring of soil erosion, sedimentation control
and protection of water quality; and
WHEREAS approval of this Interlocal Agreement can help promote a sustainable
community;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
FULFILLMENT OF THE TERMS OF THIS INTERLOCAL AGREEMENT, THE COUNTY
AND TOWN AGREE AS FOLLOWS:
ARTICLE 1-SCOPE OF SERVICES
1.1 The Town shall be responsible for protecting the quality of storm water runoff and
surface waters in the Town to the extent required by the Clean Water Act and
associated regulations promulgated by the United States Environmental Protection
Agency and/or the State of North Carolina, and other laws and regulations that may
apply to the Town. However, on behalf of the Town, the County will fulfill during the
term of this Interlocal Agreement, and any subsequent renewal thereof, the selected
services related to the Town's Permit that are identified in the annual Workplan set forth
in section A2 of the attached Schedule A (hereafter the "Annual Workplan) as the
"County's Ministerial Responsibility" for the first and any such subsequent renewal
term (hereafter the "Services"), provided the Town fulfills the terms of this Interlocal
Agreement and each Interlocal Responsibility identified in the Annual Workplan as the
"Town's Responsibility" for the first and any such subsequent renewal term of this
Interlocal Agreement.
1.2 The County shall during the term of this Interlocal Agreement and any subsequent
renewal thereof, enforce the Erosion and Sedimentation Control Ordinance as it is
currently enacted and as it may be amended or reenacted from time to time, and
perform such other services in connection with the enforcement of the ordinance
(hereafter the "Services") described in Schedule B.
1.3 Town hereby grants County the right to go upon and otherwise access Town property,
including any drainage easements, and the rights-of--way of streets within the Town
which have been accepted for dedication by the Town, for purposes of carrying out the
Services. County shall not be required to provide Services on private property, unless
the Town provides the County with legal right of access to the same.
1.4 County through its employees shall be responsible for the performance of the Services,
including the staff of the Erosion Control Division of the County's Planning and
Inspections Department, or any successor division or department as may be designated
by the County Manager.
ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
2.1 It is specifically understood and agreed as provided in Article 1 of this Interlocal
Agreement, all rights and powers as may be vested in the Town pursuant to the
permit(s) requirement(s), laws of the State of North Carolina, or any other law or
ordinance or Charter provision of the Town, shall be retained by Town. It shall be the
responsibility of parties other than the County to perform Services not specifically
identified as Services to be performed by the County. It is further understood and
agreed that the Services to be provided by the County are not intended to include any
functions related thereto that are identified below as excluded functions, which shall
remain the exclusive responsibility of the Town (hereinafter "Excluded Functions"):
Excluded Functions
Le al Services
En ineerin
Water Mana ement
Draina a Districts
Natural Resource Protection
Other functions identified in section A3 of the Schedule A as "Excluded Functions" or
identified in the Annual Workplan (Section A2 of Schedule A) as the "Town's
Res onsibility".
2.2 In the event Town desires to have County add any Excluded Functions to the Services
hereunder, a separate agreement therefore may be entered into between Town and
County pursuant to Article 8.6 of this Interlocal Agreement.
ARTICLE 3 -COMPENSATION
3.1 Stormwater Services: The Town shall reimburse County for the expenses associated
with the Services provided by County for each Permit Year in the amounts set forth in
section Al of Schedule A. Payments for each permit year shall be due and payable to
the County in four equal installment payments of Twenty Thousand One Hundred
Seventy Five Dollars ($20,175.00) on October 1, January 1, April 1 and July 1 of the
contract year. The Town shall, within 60 days of submission of an invoice by the
County, reimburse the County for services provided in the current permit year. The
November 30th date coincides with the required submittal of the Town's annual report
to the state. Prior to issuance of the invoice the County will provide the Town a copy
of the annual report for review and upon acceptance of the annual report the invoice
will be submitted. As part of this process the County will provide the Town monthly
activity reports and quarterly expense reports. The parties shall evaluate the "annual
Fees" set forth in Schedule A on the anniversary of this Interlocal Agreement, and by
mutual written agreement adjust the fees to provide reasonable compensation to the
County for the performance of Services. In the event either party terminates this
Interlocal Agreement prior to the expiration of its term or any extension thereof, a
prorated fee will be determined by mutual written agreement and reimbursed to the
appropriate parry based on the value of Service performed till the date of termination.
3.2 Stormwater Management, New Development: County shall directly collect permit fees
to provide the Services set forth in the annual work plan in section A2 of Schedule A,
related to stormwater management plan review and approval for new development.
County shall issue stormwater management plan approvals in accordance with the fees
chazged by County, as such fees may be amended from time to time. All fees shall be
retained by County and no other reimbursement from TOWN will be required for the
provisions of Services set forth in Section 1.2 and Schedule "B" of this Interlocal
Agreement.
3.3 Erosion and Sedimentation Control: County shall directly collect permit fees to
provide the Services set forth in Section 1.2 above and on Schedule "B". Permits shall
be issued by County in accordance with the fees chazged by County, as such fees may
be amended from time to time. All fees shall be retained by County and no other
reimbursement from TOWN will be required for the provisions of Services set forth in
Section 1.2 and Schedule "B" of this Interlocal Agreement.
ARTICLE 4 -GOVERNMENTAL IMMUNITY
4.1 To the extent permitted by law, Town agrees to indemnify and hold County harmless
from and against any and all claims, liabilities, damages and expenses, including
attorney's fees, arising from the Town's operation and maintenance of the Town's
Municipal Separate Storm Sewer System and from the implementation of the Permit.
Town and County agree to indemnify and hold each other harmless from and against
any and all claims, liabilities, damages and expenses, including attorney's fees arising
from enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water
Ordinance or this Interlocal Agreement. Nothing herein is intended to serve as a
waiver of sovereign or governmental immunity by any parry to which such immunity
may be applicable. There shall be no third party beneficiaries to this Interlocal
Agreement, and nothing herein shall be construed as consent to be sued by third
parties in any matter arising out of this Interlocal Agreement or any other agreement.
ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT
5.1 The term of this Interlocal Agreement shall be for a period of one (1) year from the
date of execution thereof until midnight on October 15, 2011, unless terminated by
either party as provided for herein. The Interlocal Agreement may be renewed up to
four (4) additional one-yeaz terms upon the written agreement of both parties. If, at
the expiration of the initial one-year term or any subsequent one-yeaz term, the parties
have not renewed this Interlocal Agreement, and if the Town has not established other
means of providing the services set out in Article 1 above, the terms and conditions of
this Interlocal Agreement will continue in full force and effect for a period of ninety
(90) days from the date of the expiration of the one-year term. The purpose of this
ninety (90) day extension is to allow the Town sufficient time to establish provision of
the services set out in Article 1 above or to allow the parties sufficient time to extend
this Interlocal Agreement. Upon the expiration of the ninety (90) day extension, in no
event and under no circumstances will the County provide or be obligated to provide
further services of any kind pursuant to this Interlocal Agreement or any extension
thereof.
ARTICLE 6 - TERNIINATION
6.2 Either party may terminate this Interlocal Agreement, with or without cause, by
providing notice to the other parry of termination in writing at least 4 months prior to
the effective date of termination. This Interlocal Agreement may also be terminated by
court order upon the fmding that there has been substantial breach of this Interlocal
Agreement by the non-complaining party so as to entitle the complaining party to be
relieved of its obligations under this Interlocal Agreement.
ARTICLE 7 -NOTICES
7.2 The Town's renewal offer and any and all notices given or required under this
Interlocal Agreement shall be in writing and may be delivered in person or by United
States mail, postage prepaid, first class and certified, return receipt requested,
addressed as follows:
TO COUNTY:
TO TOWN:
Craig N. Benedict, AICP
Orange County Planning & Inspections Director
P.O. Box 8181
Hillsborough, N.C. 27278
With copy to:
Frank W. Clifton, Jr.
Orange County Manager
P.O. Box 8181
Hillsborough, N.C. 27278
Eric Peterson
Hillsborough Town Man er p
177'1~ii .,uvv~
Hillsborough, N.C. 27278
cc/Nicole Ard, Assistant Town Manager
ARTICLE 8 - NQCELLANEOUS PROVISIONS
8.1 Remedy: The parties agree that the remedy of specific performance would be an
appropriate remedy, among others, for the enforcement of this Interlocal Agreement.
8.2 Assignment: Neither party shall have the right to assign this Interlocal Agreement
without the advance written permission of the other party.
8.3 Waiver: The waiver by either parry of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Interlocal
Agreement shall not be construed as a waiver of any future or continuing similar or
dissimilar failure.
8.4 Severability: The invalidity of any provision of this Interlocal Agreement shall in no
way affect the validity of any other provision.
8.5 Entire Agreement: It is understood and agreed that this Interlocal Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein, and the parties agree that there aze no
commitments, agreements or understandings concerning the subject matter of this
Interlocal Agreement that are not contained in this document. It is further understood
and agreed that this Interlocal Agreement revokes and supersedes all prior agreement
between the parties relating to the subject matter contained herein. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
8.6 Modification: It is further agreed that no modifications, amendments or alterations in
the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
8.7 Governing Law: Any controversies or legal problems arising out of this transaction
and any action involving the enforcement or interpretation of any rights hereunder
shall be submitted to the jurisdiction of the State courts of the State of North Carolina,
the venue situs, and shall be governed by the laws of the State of North Cazolina. To
encourage prompt and equitable resolution of any litigation that may arise hereunder,
each party hereby waives any rights it may have to a trial by jury of any such
litigation.
8.8 Interpretation: This Interlocal Agreement has been negotiated and drafted by all
parties hereto and shall not be more strictly construed against any parry because of
such party's prepazation of this Interlocal Agreement.
8.9 Recording: This Interlocal Agreement may be recorded in the public records of
Orange County, in accordance with the North Carolina General Statutes.
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement
Between the County and Town for selected Services to be performed by the County on the
respective dates under each signature:
ORANGE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair or Vice Chair, authorized to execute same by Board action on the ~ of
w/d (date) and the TOWN, through its Board of Commissioners
signing by and through its Mayor, authorized to execute same by Council action on the
day of (date).
COUNTY
ATTEST:
ORANGE COUNTY
Donn S. Baker, C erk, ~°^^"~'`'`' ~ C~'~
Orange County Board of Commissioners ~~-a^flrange County Board of Commissioners
day of ~C,~~,L,~~6- , Wl gdate)
APPROVED AS TO FORM:
By
County Attorney
TOWN
Attest:
own Clerk/Directof of Adminstration
Town of Hillsborough
TOWN OF HILLSB OUGH
By s
om Stevens, Mayor,
Hillsborough Board of Commissioners
~y f (date)
By
own Manager
,2n.~1 day of PIP ,Z 0/D (date)
APPRO ED AS TO F RM:
By -
Town ttorney
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
NPDES PERMIT NCS000466
INTERLOCAL AGREEMENT
TOWN OF HILLSBOROUGH
NPDES PERMIT NUMBER NCS000466
INTERLOCAL AGREEMENT
SCHEDULE A
Al) -ANNUAL FEES
The following fees are in addition to any user fees that third parties may be required to
pay to the County for any services provided by the County to the Town.
PERMIT YEAR DATES ANNUAL FEES
1 October 1, 2010-September 30, 2011 $80,700
2 October 1, 2011-September 30, 2012 $80,700
3 October 1, 2012-September 30, 2013 $80,700
4 October 1, 2013-September 30, 2014 $80,700
5 October 1, 2014-September 30, 2015 $80,700
A2) -ANNUAL W~RKPLAN
Town of Hillsborough stormwater Management Program
Work Plan September 2010
INTRODUCTION
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Federal Clean Water Act. Phase 1 of the NPDES
stormwater program was established in 1990. It required NPDES permit coverage for
municipalities with populations of 100,000 or more.
Phase II of the NPDES stormwater program was signed into law in December 1999. The
Phase II program extended permit coverage to smaller (< 100,.000 pop.) communities
and public entities that own or operate a municipal separate storm sewer system (MS4).
It required these smaller communities to develop a stormwater program and obtain an
NPDES permit for stormwater discharges.
In North Carolina, the Department of Environment and Natural Resources, Division of
Water Quality (NCDWQ) administers the NPDES stormwater program. NCDWQ issued
the Town of Hillsborough's (Town) initial Phase II permit, on October 1, 2005. The permit
required the Town to develop, implement, and enforce a stormwater program designed
to reduce the discharge of pollutants from the MS4 to the maximum extent practicable.
The program was implemented in phases over the last five years. Pursuant to the permit
the stormwater program included the following six minimum measures or best
management practices (BMPs):
1. Public education and outreach on stormwater impacts;
2. Public involvement/participation;
3. Illicit discharge detection and elimination;
4. Construction she stormwater runoff control (Erosion Control);
5. Post-construction stormwater management for new development and
redevelopment;
6. Pollution prevention/good housekeeping for municipal operations.
Recognizing the need for assistance and the benefits of collaboration, the Town entered
into an inter-local agreement with Orange County (County) in March 2006. Under this
agreement, the County provided the Town with services to implement the Town's
stormwater Program pursuant to their NPDES Phase II stormwater permit. The County
was already implementing a similar program required under the Neuse River Basin rules
(including education, post-construction stormwater, and illicit discharge requirements),
as well as a locally delegated erosion control program. This agreement not only
benefited the Town, but also benefited the County by essentially implementing one
program that satisfies both the Town's Phase II stormwater requirements and the
County's Neuse River Basin stormwater program requirements. By collaborating, both
entities satisfied requirements more economically.
The Town's stormwater Program operates as a division of the Public Works
Department. The Assistant Town Manager oversees the program and works closely with
the County stormwater staff. The stormwater program is implemented by Orange
County's Erosion Control Division.
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Town of Hillsborough stormwater Management Program
Work Plan September 2010
STORMWATER MANAGEMENT PROGRAM
The following sections describe the Town's stormwater management program and
measurable goals for each BMP. Measurable goals are based on the Town's current
NPDES Phase II permit, original stormwater management plan, and mod cations
needed to best meet the objectives of the Town's stormwater Program during its initial
implementation. While the six BMPs are not expected to change over the life of this
stormwater management plan, measurable goals may be mod~ed, removed, or new
goals added. Changes may be necessary to meet permit renewal requirements,
changes in resources, or to be more effective in reducing impacts to the MS4.
Modifications to these goals will be documented within the required annual report.
1. Public Education and Outreach
The Town's stormwater public education and outreach program includes
dissemination of educational materials, stormwater newsletter, school programs
centered on earth day celebrations, stormwater best management practices (BMPs)
demonstration site at Stillhouse Creek, and membership in the Clean Water
Education Partnership.
Measurable Goals
• Develop and Distribute Materials
Develop educational materials or modify/utilize existing materials available from
other agencies. Distribute educational materials through educational programs,
local events (such as Hog Day, Eno River Festival, Last Friday's, etc.) and place
informational flyers at Town Hall, the Orange County Library, and the Orange
County Planning and Inspections Department.
• stormwater Newsletter
Write articles and publish The stormwater Almanac a local newsletter developed
by Orange County stormwater staff, two to four times annually. Paper copies of
the newsletter will be distributed at various events and educational programs.
Work with the Town's public information officer to post the newsletter on the
Town's website and send a not cation when a new issue is available to those
subscribed to the Town's email notification list.
• School Programs
Partner with other local government departments conducting environmental
education to conduct school programs. This includes participation in established
Earth Day and Earth Walk programs coordinated by Orange Soil and Water
Conservation District (OSWCD). Support other departments such as Orange
County Parks and Recreation and Environment and Resource Conservation
Department (ERCD) that also conduct school programs. Continue support of the
"eco-classroom" at C.W. Stanford and Orange High Schools, which has a strong
stormwater education component.
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Town of Hillsborough stormwater Management Program
Work Plan September 2010
• Stillhouse Creek Program
Continue collaboration with OSWCD, ERCD, and Hillsborough's Public Works
department on the stormwater BMP demonstration project. Since this is a highly
visible location, staff will continue developing an educational program centered
on this area. This may include a rain garden workshop(s) and possibly other
outreach events promoting these stormwater BMPs. Educational materials will be
installed within the information kiosk that is part of the demonstration project.
• Additional Educational Programs
The Town of Hillsborough is a member of the Clean Water Education Partnership
(CWEP). CWEP leverages resources from multiple local governments to conduct
educational and outreach programs geared towards reducing stormwater runoff
pollution and clean water. Programs include mass media campaigns such as
television, radio, intemet, and printed materials. Orange County stormwater staff
will continue representing the Town's interests on the CWEP steering committee.
Continue providing educational programs to scouts groups, homeowner
associations, and other civic groups as requested. Provide educational
information to local business, and evaluate the feasibility of conducting
workshops for local business targeting illicit discharge and good housekeeping
practices.
2. Public fnvotvement and Participation
The Town's stormwater public involvement and participation program includes
maintaining an informational website with contact information, participation in local
events and festivals, participation in NC Big Sweep, volunteer stream monitoring at
two locations, input from the Town board, and a rain garden program.
Measurable Goals
• Public Meeting
The Town of Hillsborough will conduct one public meeting to allow local citizens
to review and provide input on the stormwater management plan.
• Informational Website and Hotline
Provide stormwater content and information for the Town maintained website.
Include contact information for citizens to report concerns or make requests.
Respond to citizen request as warranted.
• Outreach Events/Festivals
Participate in various local events and festivals. This may include Hillsborough's
Hog Day Festival, Eno River Festival, Last Friday's, H2Orange meetings, and
other eventsffestivals. Hand out information to the public regarding stormwater
impacts and answer citizen questions.
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Town of Hillsborough Stormwater Management Program
Work Plan September 2010
• NC Big Sweep
Coordinate the Town's participation in the annual NC Big Sweep event each fall.
• Volunteer Stream Monitoring
Currently there are three volunteer groups conducting stream monitoring within
the Town's jurisdiction. A local Boy Scout Troop is conducting monitoring of
Stillhouse Creek; Triangle Fly Fishers a local Trout Unlimited and Federation of
Fly Fishers affiliate, has recently started monitoring a section of the Eno River;
and another volunteer group made up from students at CW Stanford middle
school has began monitoring the stream flowing through their eco-classroom.
Continue providing assistance to volunteer groups can-ently conducting stream
monitoring. Assistance may include training, providing materials (as resources
allow), and review collected data to determine possible water quality trends. As
part of this goal, information will be disseminated to other volunteer groups
interested in starting a stream monitoring program.
• Town Board and Planning Board Input
Once annually, present an update to Hillsborough's Town Board regarding the
stormwater program and seek input on pertinent issues. Once annually, present
information to the Town's Planning Board and/or Board of Adjustment regarding
stormwater impacts from development.
• Rain Garden Program
Distribute handouts and information on rain gardens to local citizens through
events, festivals, and information requests. Conduct a rain garden workshop,
centered on the rain garden at Stillhouse Creek. Coordinate with other local staff
to promote installation of rain gardens, and provide technical expertise in
designing and constructing rain gardens as needed anti as time and resources
allow.
3. Illicit Discharge Detection and Elimination
The Town's stormwater illicit discharge detection and elimination program is outlined
in its Illicit Discharge Detection and Elimination Plan (IDDEP). This IDDEP details
measures that Town staff follows to find and eliminate illicit discharges and
connections to the MS4. Under their new permit, the IDDEP shall an enforcement
response plan describing actions to be taken for common violations. Other
components of this program include employee cross-training, updating mapping, and
evaluating funding sources to expand the program.
Measurable Goals
• Procedures for Illicit Discharge Detection and Elimination
Continue implementing the Town's IDDEP. This includes identifying at least one
new priority area annually and conducting dry weather inspections of the area
identified. Maintain information in a database or other appropriate mechanism.
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Town of Hillsborough stormwater Management Program
Work Plan September 2010
• Enforcement Response Plan
Update the IDDEP to contain appropriate enforcement response procedures
describing actions to address common violations of the IDDEP.
• Conduct Employee Cross-training
Conduct at least one training session for Town employees during the permit
cycle. Provide information regarding appropriate training sessions provided by
other entities. Identify other Town employees that can be cross-trained.
• Update Mapping
Update the GIS stormwater mapping system to reflect changes to the MS4 as
necessary. This may include updating stormwater system components for new
development, repairs, and maintenance, in addition to updating stream data
based on surface water identification requests. Mapping updates of the MS4 is
solely the Town's responsibility.
• Local Stream Monitoring
Complete current stream sampling project, assess results and provide a report
summarizing the data and possible implications. Evaluate the need for additional
stream sampling/monitoring. Identify possible partnerships for collaborative
sampling/monitoring efforts.
• Public Education and Reporting
Generally, this portion of the stormwater management plan is included in
sections 1 and 2 above and will include distribution of an illicit discharge fact
sheet to residences and businesses through events described above.
• Explore funding
Provide input to the Town so that funding sources and funding options can be
fully explored. Discuss funding options with the Town Board. Ultimately, it is the
Town's responsibility to fund their stormwater program.
4. Construction-Site stormwater Runoff Control
Orange County implements and enforces construction site stormwater runoff control
for the Town of Hillsborough's through its erosion control program. Orange County
has local delegated authority from the state to implement an erosion control program.
This work plan is part of a legal agreement allowing Orange County to enforce the
Orange County Soil Erosion and Sedimentation Control Ordinance within the Town's
jurisdiction.
Measurable Goals
• Plan Review
Review and approve erosion control plans for proposed new development
projects within the Town's jurisdiction to ensure compliance with the Orange
County Erosion Control Ordinance.
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Town of Hillsborough Stormwater Management Program
Work Plan September 2010
• Inspections
Inspect permitted construction sites within the Town's jurisdiction to ensure
compliance with approved erosion control plans. As needed, request corrective
actions, issue notice of violations and stop work orders as outlined in Orange
County's Erosion Control Ordinance.
5. Post-Construction Stormwater Management
The Town's post-construction stormwater program includes four primary
components: new development review, stormwater BMP inspection, education and
outreach, and retro-fit opportunities. Legal agreements are in place allowing Orange
County to implement and enforce the Town of Hillsborough's post-construction
stormwater regulations.
Measurable Goals
• New Development Review
Review and approve proposed new development projects to ensure compliance
with the Town's stormwater post-construction requirements.. This includes
addressing nutrient loading since the Town is within an NSW (Neuse Basin and
Falls Lake Watershed).
• BMP Inspections
Inspect new structural stormwater BMPs at the time the project is complete to
ensure compliance with approved plans. Map new BMPs using GPS/GIS
technology. Review required annual inspection reports submitted by the BMP the
owner. Conduct follow-up 'inspections as warranted and provide inspection
reports to owner outlining follow up actions. issue notice of violations if
warranted.
• Education/Outreach
This portion of the post-construction stormwater management program is part of
the overall education/outreach component described in items 1 and 2 above.
Primarily this includes providing information to businesses, home owner
associations and other stormwater BMP owners about maintenance and
inspection requirements.
• Retro-fit Opportunities
Identify at least one new possible stormwater retro-fit location annually. Evaluate
sites already identified based on land availability, willing ownership, potential for
pollution reductions, and other pertinent variables. Rank these sites and evaluate
grant availability and/or other funding sources to implement retro-fits. Identify
potential partnerships to develop and fund retro-fit projects.
• Regulatory Support
Provide input to the Town's Planning Department regarding regulatory
requirements for the Falls Lake Nutrient Management Strategy rules and the
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Town of Hillsborough Stormwater Management Program
Work Plan September 2010
portion of the Town's Unified Development Ordinance process that pertains to
stormwater. Input will consist of review of proposed regulations to ensure
compliance with the Town's NPDES stormwater permit.
6. Pollution Prevention/Good Housekeeping for Municipal Operations
The Town's pollution prevention/good housekeeping program includes four primary
components: evaluate Town operations, corrective action, employee training, and
public awareness. The following facilities are owned by the Town and included in the
Good Housekeeping plan:
1. Community Policing Center
2. Cemetery
3. Motor Pool
4. Police Department
5. Public Parking Lot
6. Gold Park
7. Public Works
8. Town Hall
9. Town Hall Annex
10. Tumip Patch Park
11. Water Treatment Plant
12. Waste Water Treatment Plant
13.Orange County Museum
14. Water Distribution
Measurable Goals
• Evaluate Town Operations
Conduct annual Good Housekeeping inspections at each of the Town's facilities
listed above and maintain inspection information in a database. Provide
inspection reports to the Town's Assistant Manager and Public Works
Supervisor. Provide input during the budget process as necessary to address
stormwater runoff management at Town facilities being considered for capital
improvements.
• Corrective Action
Correct deficiencies noted during the Good Housekeeping inspections. The Town
is solely responsible for corrected deficiencies noted. Conduct follow-up
inspections to ensure corrective actions have been completed.
• Employee Training
Conduct Good Housekeeping training for new employees and provide "refresher"
training to employees as warranted. As staff time and resources allow, expand
Good Housekeeping training to all Town employees, even those not directly
involved with Good Housekeeping requirements.
• Public Awareness
This portion of the Town's Good Housekeeping Plan will continue to be part of
the public outreach and education component described above.
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Town of Hillsborough stormwater Management Program
Work Plan September 2010
ANNUAL REPORTING AND EVALUATION
to order to help evaluate the effectiveness of the Town's NPDES Phase II stormwater
program, NCDWQ requires the submittal of an annual report. The annual report
submitted to NCDWQ is an online report that quantifies program elements completed in
the previous permit year. Additionally, Orange County stormwater staff will prepare a
narrative annual report containing the same information as submitted online, but with
details that include changes and updates to the stormwater management plan. This
written annual report becomes a part of the Town's stormwater management program
and provides a summary of completed tasks and action items for the subsequent permit
year. The scope of this task will include the following components:
• Track necessary data for the annual report using the County's Permit Plus
database software, Good Housekeeping inspection database, and an Excel
spreadsheet based log.
• Asses progress toward each measurable goal to determine whether it was
completed. Determine effectiveness of each measurable goal and make
modifications for following year as warranted. Document goals not completed
and reason (i.e. lack of resources, staff time, etc.).
• Evaluate effectiveness of current tracking mechanisms and develop a
streamlined, central tracking system for all 6 components of the Town's
stormwater program.
• Fill out and submit NCDWQs annual online report as required by the Town's
permit.
• Draft a narrative report concurrently and submit the Town, including presenting
the report to the Hillsborough Town Board.
• Update the Town's stormwater Management Plan based on changes in
measurable goals and accomplishments.
IMPAIRED WATERS AND TMDL
Presently, no waters within the Town's jurisdiction are listed as impaired. Likewise, no
waters have been determined to contain a Total Maximum Daily Load (TMDL). However,
the Town's NPDES permit does contain requirements should a water within the Town's
jurisdiction become impaired or if a TMDL is developed for a given water body. The
tasks associated with these requirements are beyond the scope of this work plan.
Should these requirements become necessary, an updated work plan will be developed
and associated fees for these services determined.
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Town of Hillsborough
Work Plan
Stormwater Management Program
September 2010
STORMWATER PROGRAM BMP SUMMARY TABLES
The following tables summarize the six program elements, BMPs, measurable goals and
responsible entity. Abbreviations used in the following tables include:
OCED -Orange County Erosion Control Division staff
OSWCD -Orange Soil and Water Conservation District staff
SRO - Stormwater Resource Officer with the Orange County Erosion Control Division
Hillsborough -Town of Hillsborough, Assistant Town Manager has primary responsibility
PW -Town of Hillsborough Public Works staff
UD -Town of Hillsborough Utility Department staff
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Town of Hillsborough Stormwater Management Program
Work Plan September 2010
1. Education and Outreach
..
Develop educational materials or modify existing materials as needed
..
SRO
Develop and
l
i
M
t
ib Distribute educational materials through educational programs and local events SRO, OCED
er
a
s
a
Distr
ute
Place informational flyers at appropriate locations
SRO, OCED
Write articles and publish The StormwaterAlmanac two to four times annually. SRO
Stormwater Distribute paper copies of newsletter at various events and educational programs OCED
Newsletter
Post newsletter on the Town s website; send notification when a new issue is
available via the Town's email notification list
Hillsborough
Partner with other local government departments to conduct school programs OCED
Work with OSWCD to expand existing educational programs SRO
School Programs
Develop additional educational programs based on interest from local schools
SRO
Support of the "eco-classroom" at C.W. Stanford and Orange High Schools SRO
Continue developing an educational program centered on Stillhouse Creek SRO, OSWCD
Stillhouse Creek place educational materials within the kiosk that is part of the demonstration project SRO, OSWCD
Program
Periodically hold workshops or other events highlight the project
SRO, OSWCD
Maintain membership in CWEP Hillsborough
Represent the Town's interests on the CWEP steering committee OCED -SRO
Additional Educational Provide educational programs to civic groups as requested OCED -SRO
Programs Provide educational information to local businesses OCED -SRO
Evaluate the feasibility of workshops for local business targeting illicit discharge and
good housekeeping practices; if feasible develop and hold workshop(s) OCED -SRO
Evaluation Assess progress towards each measurable goal listed above. Track information and
data towards completion of each measurable goal. Report progress each year in the
annual report to the state.
SRO
Page 19 of 27
Town of Hillsborough
Work Plan
2. Public Involvement and Participation
stormwater Management Program
September 2010
• .. .. ~.
Maintain and update a stormwater informational website and helpline Hillsborough
Informational Website
and Helpline provide content and updates for the website SRO
Respond to citizen request for assistance through the website/helpline SRO, OCED, PW
Outreach Participate in local events and festivals and hand out information to the public SRO
OCED
EventslFestivals regarding stormwater impacts and answer citizen questions ,
NC Big Sweep Coordinate the Town's participation in the annual NC Big Sweep event each fall SRO
Assist current volunteer groups in monitoring efforts SRO
Volunteer Stream
Monitoring Disseminate information to other civic groups, schools and business to expand SRO
OCED
volunteer stream monitoring program ,
Once annually, present an update to Hillsborough's Town Board regarding the SRO
Town Board and stormwater program and seek input on pertinent stormwater issues
Planning Board Input Once annually, present information to the Town's Planning Board and/or Board of SRO
Adjustment regarding stormwater impacts from development
Distrubute handouts and information on rain gardens to local citizens through events, SRO
OCED
festivals, and information requests ,
Rain Garden Program promote installation of rain gardens at local government buildings, business and SRO, OCED
private residences
Provide technical information and expertise in designing and constructing rain SRO
gardens for local citizens, as needed and as time and resources allow
Assess progress towards each measurable goal listed above. Track information and
Evaluation data towards completion of each measurable goal. Report progress each year in the SRO
annual report to the state.
Page 20 of 27
Town of Hillsborough
Work Plan
3. Illicit Discharge Detection and Elimination
stormwater Management Program
September 2010
.. .. ..
Continue implementing the Town's Illicit Discharge Detection and Elimination Plan. OCED, PW, UD
e
it Di
har
Illi
g
sc
c
Detection and Identify one new priority area annually and conduct dry weather inspections. SRO
Elimination Conduct dry weather inspections of identified priority area OCED
Identify other Town employees that can be cross-trained. Hillsborough
Conduct Employee
Cross-Training
Conduct at least one training session for Town employees annually, or provide
SRO
information regarding appropriate training sessions provided by other entities.
Local Stream Orange County stormwater staff will evaluate the need for additional stream SRO
Monitoring sampling/monitoring.
Public Education and This portion of the stormwater management plan is included as part of the overall SRO, OCED
Reporting education and outreach program
Provide input to the Town so that funding sources and funding options can be fully SRO
Explore funding explored.
Follow-up on recommendations and implement funding Hillsborough
Update Mapping Update the GIS stormwater mapping system to reflect changes to the MS4 as Hillsborough
necessary
Assess progress towards each measurable goal listed above. Track information and
data towards completion of each measurable goal as detailed in the Town's "Illicit SRO
Evaluation Discharge Detection and Elimination Plan. Report progress each year in the annual
report to the state.
Page 21 of 27
Town of Hillsborough
Work Plan
4. Construction-Site Stormwater Runoff Control
Stormwater Management Program
September 2010
- .. .. .. -
Review and approve erosion control plans for new development projects within the
Town's Jurisdiction
Implement Erosion Inspect permitted construction sites to ensure compliance with approved erosion OCED
Control Program control plans
Request corrective actions, issue notice of violations and stop work orders as
necessary.
Evaluation Maintain a database and inspection reports on each permitted construction site. Track
information regarding number of sites, acreage of disturbance, compliance, notice of OCED
violations, and enforcement actions. Include this information in the annual report to
the state for sites within the Town's jurisdiction.
Page 22 of 27
Town of Hillsborough Stormwater Management Program
Work Plan September 2010
5. Post-Construction Stormwater Management
• .. ..
-- .. •
New Development Review proposed new development projects to ensure compliance with the Town's SRO
Review stormwater post-construction requirements
Inspect new structural stormwater BMPs at the time the project is complete to ensure SRO
OCED
compliance with approved plans ,
Map new BMPs using GPS/GIS technology SRO, OCED
BMP Inspections Review required annual inspection reports submitted by the BMP the owner SRO
Conduct follow-up inspections as warranted and provide inspection reports to owner SRO
OCED
outlining follow up actions ,
Issue notice of violations if warranted SRO, Hillsborough
Education/Outreach This portion of the post-construction stormwater management program is part of the SRO
OCED
overall education/outreach component described in items 1 and 2 above ,
Identify at least one new possible stormwater retro-fit location annually SRO
Evaluate sites already identified based on land availability, willing ownership, potential SRO
for pollution reductions, and other pertinent variables
Retro-fit Opportunities Rank these sites and evaluate grant availability and/or other funding sources to SRO
implement retro-fits
Provide this information to the state and identify potential partnerships to develop and SRO
fund retro-fit projects
Through an inter-local agreement, the Orange County Erosion Control Division
reviews and approves stormwater management plans for new development. An
electronic database is maintained on each permitted site including inspection reports.
Evaluation Information regarding number of plans reviewed, BMP inspections and other pertinent OCED
information is tracked and will be included in the annual report to the state for
development within the Town's jurisdiction. Orange County also provides this
information to NCDWQ pursuant to their Neuse stormwater program.
Page 23 of 27
Town of Hillsborough
Work Plan
6. Pollution Prevention/Good Housekeeping for Municipal Operations
Stormwater Management Program
September 2010
..
Conduct annual Good Housekeeping inspections at each of the Town's facilities OCED
Maintain inspection information in a database SRO
Evaluate Town Provide inspections reports to the Town's Assistant Manager and Public Works
SRO
Operations Supervisor.
Provide input during the budget process to address stormwater runoff management at SRO
Town facilities being considered for capital improvements
Correct deficiencies noted during the Good Housekeeping inspections. Hillsborough
Corrective Action
Conduct follow-up inspections to ensure corrective actions have been completed.
OCED
Conduct Good Housekeeping training for new employees or provide information on SRO
training opportunities provided by other entities
Employee Training provide "refresher" training to employees as warranted SRO
Expand training to all Town employees (as staff time and resources allow) SRO, Hillsborough
This portion of the Town's Good Housekeeping Plan will continue to be part of the OCED
SRO
Public Awareness public outreach and education component described above. ,
Maintain facility inspection data in an electronic database, including corrective actions
Evaluation completed and those pending. Report number of facilities inspected, number of OCED
inspections conducted and corrective actions taken in the annual report to the state.
Page 24 of 27
A3) -EXCLUDED FUNCTIONS
Notwithstanding any provision of the Interlocal Agreement, or the provisions of the Annual
Workplan, the .Services to be provided by the County shall not include the following:
1. LEGAL MECHANISIMS TO IMPLEMENT PERMIT -COUNTY will NOT be
responsible for the adoption of legal mechanisms, such as regulations, ordinances,
policies and procedures to prohibit illicit connections, spills and illegal dumping into the
Towns Municipal Separate Storm Sewer System or to otherwise implement the
provisions of the Permit.
2. MAINTENANCE OF ADEQUATE FUNDING AND STAFFING -COUNTY will NOT
be responsible for the TOWN's responsibility under the Permit to maintain adequate
funding and staffing to implement and manage the provisions of the Permit.
3. STORM DRAIN SYSTEM INVENTORY -COUNTY will NOT be responsible for
maintaining an inventory of the Town's storm drain system. However, the County WILL
provide updated data, including GPS locations of the Town's storm drain system (if
available) as part of its routine duties described in the work plan. This may include
mapping locations of stormwater BMPs approved through the new development process
and outfalls found during illegal discharge inspections.
4. STORM DRAIN SYSTEM MAPPING -COUNTY will NOT be responsible for
developing a map containing the location of pipes, outfalls, basins, or other storm water
treatment or conveyance devices, nor their receiving waters. However, the County WILL
maintain this data on the County GIS database and updated it as information is obtained
through routine completion of duties described in the work plan.
5. STORM DRAIN SYSTEM MAINTENANCE -COUNTY will NOT be responsible for
installation or maintenance of any pipes, outfalls, basins, or other storm water treatment
or conveyance devices, nor their receiving waters.
6. SOIL EROSION & SEDIMENTATION CONTROL FOR PUBLICLY FUNDED
PROJECTS -All publicly funded projects fall under the jurisdiction of the North
Carolina Division of Land Resources, Land Quality Section.
7. IMPLEMENTATION OF RECOMMENDED STORMWATER BEST MANAGEMENT
PRACTICES FOR TOWN FACILITIES -COUNTY will NOT be responsible for the
installation, maintenance, or execution of any stormwater management structures or
practices.
8. LAB COSTS ASSOCIATED WITH SAMPLING THAT MAY BE NECESSARY FOR
ILLICIT DISCHARGE ELIMINATION AND DETECTION -COUNTY will NOT be
responsible for any water quality sample collection or analysis costs, unless it is
determined by both parties to be feasible as part of its routine duties described in the
work plan.
9. MODIFICATIONS TO THE PERMIT -COUNTY will NOT be responsible for any
implementation provisions of the Permit that result from modification of the Permit by
the Town or by the North Carolina Division of Water Quality, unless County agrees to
such modification in writing pursuant to Article 8.6 of the Interlocal Agreement.
SCHEDULE B
ENFORCEMENT OF THE ORANGE COUNTYSOIL EROSIONAND SEDIMENTATION
CONTROL ORDINANCE, AS ADOPTED ON DECEMBER 30,1975 AND AMENDED
THEREAFTER
Amendments to the Soil Erosion and Sedimentation Control Ordinance:
DATE REFERENCE
December 30, 1975 Ordinance Adopted
December 6, 1978 Sections 3, 6, 9, 13, 17, 18, and 22
September 1, 1979 Sections 17 and 21
Apri18, 1980 . Sections 7, 9, and 19
December 7, 1983 Sections 2, 3, 6, 7, 8, 9, 11, 13, 15, 17, and 18
June 6, 1984 Sections 6, 17, and 18
December 2, 1985 Sections 2, 3, 4, 8, 9, 13, 15, 17, 18, 19, 21, and 22
February 24, 1986 Sections 3, 6, 6.1, 7, 13, 15, 17, 19, and 20
January 3, 1989 Sections 5, 6, 17, 18, 15.1, and 22
October 2, 1989 Sections 18, 18.1, 22
May 21, 1991 Sections 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 19, 21, 22, 26
December 7, 1992 Sections 3, 8, 9, 15, 17, 22, 25
June 27, 2002 Sections 2, 3, 6, 8, 9, 11, 15, 17, 18
September 16, 2003 Sections 3, 6, 7, 17
October 23, 2007 Sections 8, 9, 18, 21, 22
Orange County Erosion Control Fee Schedule as of July 1, 2001
Erosion Control Plan Review Fee: THERE IS NO MAXIMUM FEE!
Rural Disturbance: $158.00 per acre of disturbance
Urban Disturbance: $272.00 per acre of disturbance
Intense Urban Disturbance: $507.00 per acre of disturbance
Land-disturbing Permit Fee: THERE IS NO MAXIMUM FEE!
Rural Disturbance: $310.00 per acre of disturbance
Urban Disturbance: $646.00 per acre of disturbance
Intense Urban Disturbance: $1,241.00 per acre of disturbance