Title 12, Chapter 5, Section 582
( 12-5-582)
(a) Within one year after May 1, 2001, unless such time period is
extended by majority vote of the board, the district shall prepare
for public comment one or more model ordinances for local
governments designed to provide for effective storm-water
management. Such model ordinances shall also include minimum design
and development standards for local development as it may affect
storm-water run-off quality and storm-water conveyance and
infrastructure standards applicable to local governments. Upon
receipt of public comment, the district shall finalize the model
ordinances and publish the same. (b) Within two years after May 1, 2001, unless such time period is
extended by majority vote of the board, the district shall prepare
for public comment a district-wide watershed management plan
containing elements common to all watersheds within the district and
containing within it watershed-specific components for watershed
management. The plan shall build upon and be coordinated with
existing watershed planning efforts undertaken by local governments
and other entities in the district area and plans otherwise
developed under this title. After receipt of public comment, the
district shall approve the plan which shall meet all standards
established by the director and shall include the following
elements: (1) Appropriate standards and methodologies for monitoring water
quality and maintaining and organizing an inventory of collected
water quality data; (2) Descriptions of current pollutant loads by source categories,
subsource categories, and specific sources where identifiable; (3) Forecasts of potential future pollutant load increases by
virtue of new development, growth, or other changes in watershed
activities; (4) Identification of streams or bodies of water within the
applicable watershed having or requiring total maximum daily loads
under applicable federal regulations; provisions for incorporating
into the watershed-specific plan any implementation plan for total
maximum daily loads as established by the director; and provisions
to ensure that the watershed-specific plan conforms to
requirements for implementation plans for streams requiring total
maximum daily loads, such that said watershed-specific plan could
be readily utilized by the director to meet applicable federal
requirements for implementation plans for total maximum daily
loads; (5) Establishment of priorities for protecting watershed resources
and for obtaining pollutant load reductions or preventing future
pollutant load increases, or both, and an explanation of the
rationale for such priorities; (6) Identification of specific effective control programs and
strategies including specific regulatory or voluntary actions to
attain and maintain applicable water quality standards, including
any pollutant load reductions mandated by implementation plans for
total maximum daily loads; identification of specific public or
private organizational responsibility for carrying out such
control programs or voluntary actions, including without
limitation instances where control programs require coordination
among multiple jurisdictions, such that there are reasonable
assurances that applicable water quality standards will be
attained or maintained, or both; (7) The model ordinances established under subsection (a) of this
Code section and any recommended additions or modifications to
such model ordinances, if appropriate, to provide additional
measures to improve storm-water run-off quality, including without
limitation, requirements to retrofit or modify existing
developments in order to improve storm-water run-off quality; (8) Recommended changes to state or local laws, regulations, or
ordinances necessary to implement the plans; (9) A timetable for implementation of necessary elements of the
plans for each jurisdiction including description of annual,
measurable milestones for determining whether identified measures
are being implemented; (10) Estimates of costs and identification of potential sources of
funding necessary for implementation of the plans; (11) Education and public awareness measures regarding watershed
protection; and (12) Establishment of short-term and long-term goals to be
accomplished by the plan and measures for the assessment of
progress in accomplishing such goals and plan. (c) The district shall review the watershed management plan and its
implementation annually to determine whether there is a need to
update such plan and shall report to the director the progress of
implementation of its goals, and in any case the district shall
prepare an updated watershed management plan no less frequently than
every five years after finalization of the initial plan. (d) The district shall hold public meetings concerning any plan or
updated plan developed by the district under subsection (a), (b), or
(c) of this Code section and shall publish for public notice and
comment any proposed approval, disapproval, or conditional approval
of any such plan. (e)(1) Local governments within the district shall implement the
provisions of the district plans that apply to them. Should any
jurisdiction fail to do so, the director shall exercise his or her
powers pursuant to this chapter. (2) Upon the district's approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5-179 and any NPDES Phase I or Phase II General Stormwater permits to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 or any NPDES Phase I or Phase II General Stormwater permit the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the permitted water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, or any NPDES Phase I or Phase II General Stormwater permit, unless such local government is in compliance with the applicable provisions of the plan or the director certifies to the board that such local government is making good faith efforts to come into such compliance. (4) Any local government that fails to adopt substantially the
applicable model storm-water ordinance developed by the district
under subsection (a) of this Code section, or something at least
as effective as said model ordinance, and any local government
that fails to adopt and implement the applicable plans developed
by the district under this Code section shall be ineligible for
state grants or loans for storm-water related projects determined
by the director to be inconsistent with the terms of such model
ordinance or such plans. The determination of the director may be
appealed by the local government to the board, whose decision by
majority vote shall be final. (f) The watershed management plan shall be approved by the district
only after certification by the director that the proposed plan is
consistent with standards established by the director for such plan. (g) Upon publication of the model ordinance of subsection (a) of
this Code section, the district will coordinate a program to be
administered by the Environmental Protection Division of the
Department of Natural Resources to train local elected officials and
other local personnel in uniform standards for the reduction or
elimination of nonpoint source pollution. To the extent authorized
by law, the Environmental Protection Division of the Department of
Natural Resources shall ensure local government compliance with the
model ordinance or equally effective ordinances. |