§ 160A-459. Stormwater control.
§ 160A‑459. Stormwatercontrol.
(a) A city may adoptand enforce a stormwater control ordinance to protect water quality and controlwater quantity. A city may adopt a stormwater management ordinance pursuant tothis Chapter, its charter, other applicable laws, or any combination of thesepowers.
(b) A federal, State,or local government project shall comply with the requirements of a citystormwater control ordinance unless the federal, State, or local governmentagency has a National Pollutant Discharge Elimination System (NPDES) stormwaterpermit that applies to the project. A city may take enforcement action tocompel a State or local government agency to comply with a stormwater controlordinance that implements the National Pollutant Discharge Elimination System(NPDES) stormwater permit issued to the city. To the extent permitted byfederal law, including Chapter 26 of Title 33 of the United States Code, a citymay take enforcement action to compel a federal government agency to complywith a stormwater control ordinance.
(c) A city mayimplement illicit discharge detection and elimination controls, constructionsite stormwater runoff controls, and post‑construction runoff controlsthrough an ordinance or other regulatory mechanism to the extent allowableunder State law.
(d) A city that holds aNational Pollutant Discharge Elimination System (NPDES) permit issued pursuantto G.S. 143‑214.7 may adopt an ordinance, applicable within its corporatelimits and its planning jurisdiction, to establish the stormwater controlprogram necessary for the city to comply with the permit. A city may adopt anordinance that bans illicit discharges within its corporate limits and itsplanning jurisdiction. A city may adopt an ordinance, applicable within itscorporate limits and its planning jurisdiction, that requires (i) deedrestrictions and protective covenants to ensure that each project, includingthe stormwater management system, will be maintained so as to protect waterquality and control water quantity and (ii) financial arrangements to ensurethat adequate funds are available for the maintenance and replacement costs ofthe project.
(e) Unless the cityrequests the permit condition in its permit application, the EnvironmentalManagement Commission may not require as a condition of a National PollutantDischarge Elimination System (NPDES) stormwater permit issued pursuant to G.S.143‑214.7 that a city implement the measure required by 40 Code ofFederal Regulations § 122.34(b)(3)(1 July 2003 Edition) in its extraterritorialjurisdiction. (2006‑246,s. 17(b).)