§ 143‑214.14. Cooperative State‑localcoalition water quality protection plans.
(a) Definitions. The following definitions apply in thissection:
(1) "Basin" means a river basin as defined in G.S. 143‑215.22Gor any subbasin or segment thereof.
(2) "Coalition plan" means a water quality protectionplan developed by a coalition of local governments for water quality protectionof a basin.
(3) "Local government" means a city, county, specialdistrict, authority, or other political subdivision of the State.
(4) "Water quality protection" means management ofwater use, quantity, and quality.
(b) Legislative Findings. This section establishes a frameworkto encourage State‑local pollutant reduction strategies for basins underthe supervision and coordination of the Commission. The General Assembly findsthat:
(1) Water quality conditions and sources of water contaminationmay vary from one basin to another.
(2) Water quality conditions and sources of water contaminationmay vary within a basin.
(3) Some local governments have demonstrated greater capacitythan others to protect and improve water quality conditions.
(4) In some areas of the State artificial alteration ofwatercourses by surface water impoundments or other means may have asignificant effect on water quality.
(5) Imposition of standard basinwide water quality protectionrequirements and strategies may not equitably address the varying conditionsand needs of all areas.
(6) There is a need to develop distinct approaches to addresswater quality protection in basins in the State, drawing upon the resources oflocal governments and the State, under the supervision and coordination of theCommission.
(c) Legislative Goals and Policies. It is the goal of theGeneral Assembly that, to the extent practicable, the State shall adopt waterquality protection plans that are developed and implemented in cooperation andcoordination with local governments and that the State shall adopt waterquality protection requirements that are proportional to the relativecontributions of pollution from all sources in terms of both the loading andproximity of those sources. Furthermore, it is the goal of the General Assemblyto encourage and support State‑local partnerships for improved waterquality protection through the provision of technical and financial assistanceavailable through the Clean Water Management Trust Fund, the EcosystemEnhancement Program, the Ecosystem Restoration Fund, water quality planning andproject grant programs, the State's revolving loan and grant programs for waterand wastewater facilities, other funding sources, and future appropriations.The Commission shall implement these goals in accordance with the standards,procedures, and requirements set out in this section.
(d) The Commission may, as an alternative method of attainingwater quality standards in a basin, approve a coalition plan proposed by acoalition of local governments whose territorial area collectively includes theaffected basin in the manner provided by this section. The Commission mayapprove a coalition plan proposed by a coalition of local governments whoseterritorial area or water quality protection plan does not include all of anaffected basin if the Commission determines that the omission will notadversely affect water quality.
(e) A coalition of local governments choosing to propose acoalition plan to the Commission shall do so through a nonprofit corporationthe coalition of local governments incorporates with the Secretary of State.
(f) The Commission may approve a coalition plan only if theCommission first determines that:
(1) The basin under consideration is an appropriate unit forwater quality planning.
(2) The coalition plan meets the requirements of subsection (g)of this section.
(3) The coalition of local governments has formed a nonprofitcorporation pursuant to subsection (e) of this section.
(4) The coalition plan has been approved by the governing boardof each local government that is a member of the coalition of local governmentsproposing the coalition plan.
(5) The coalition plan will provide a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices in the affected basin.
(g) A coalition plan shall include all of the following:
(1) An assessment of water quality and related water quantitymanagement in the affected basin.
(2) A description of the goals and objectives for protection andimprovement of water quality and related water quantity management in theaffected basin.
(3) A workplan that describes proposed water quality protectionstrategies, including point and nonpoint source programs, for achieving thespecified goals and objectives; an implementation strategy including specifiedtasks, timetables for action, implementation responsibilities of State andlocal agencies; and sources of funding, where applicable.
(4) A description of the performance indicators and benchmarksthat will be used to measure progress in achieving the specified goals and objectives,and an associated monitoring framework.
(5) A timetable for reporting to the Commission on progress inimplementing the coalition plan.
(h) A coalition plan shall cover a specified period. Thecoalition plan may provide for the phasing in of specific strategies, tasks, ormechanisms by specified dates within the period covered by the plan. TheCommission may approve one or more successive coalition plan periods. Thecoalition plan may include strategies that vary among the subareas orjurisdictions of the geographic area covered by the coalition plan.
(i) If a local government chooses to withdraw from a coalitionof local governments or fails to implement a coalition plan, the remainingmembers of a coalition of local governments may prepare and submit a revisedcoalition plan for approval by the Commission. If the Commission determinesthat an approved coalition plan no longer provides a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices, the Commission maysuspend or revoke its approval of the coalition plan.
(j) The Commission may approve one or more amendments to acoalition plan proposed by a coalition of local governments through itsnonprofit corporation with the approval of the governing board of each localgovernment that is a member of the coalition of local governments that proposedthe coalition plan.
(k) With the approval of the Commission, any coalition of localgovernments with an approved coalition plan may establish and implement apollutant trading program for specific pollutants between and among pointsource dischargers and nonpoint pollution sources.
(l) The Commission shall submit an annual progress report onthe implementation of this section to the Environmental Review Commission on orbefore 1 October of each year. (1997‑493, s.1; 2005‑386, s. 3.7.)
§ 143‑214.14. Cooperative State‑localcoalition water quality protection plans.
(a) Definitions. The following definitions apply in thissection:
(1) "Basin" means a river basin as defined in G.S. 143‑215.22Gor any subbasin or segment thereof.
(2) "Coalition plan" means a water quality protectionplan developed by a coalition of local governments for water quality protectionof a basin.
(3) "Local government" means a city, county, specialdistrict, authority, or other political subdivision of the State.
(4) "Water quality protection" means management ofwater use, quantity, and quality.
(b) Legislative Findings. This section establishes a frameworkto encourage State‑local pollutant reduction strategies for basins underthe supervision and coordination of the Commission. The General Assembly findsthat:
(1) Water quality conditions and sources of water contaminationmay vary from one basin to another.
(2) Water quality conditions and sources of water contaminationmay vary within a basin.
(3) Some local governments have demonstrated greater capacitythan others to protect and improve water quality conditions.
(4) In some areas of the State artificial alteration ofwatercourses by surface water impoundments or other means may have asignificant effect on water quality.
(5) Imposition of standard basinwide water quality protectionrequirements and strategies may not equitably address the varying conditionsand needs of all areas.
(6) There is a need to develop distinct approaches to addresswater quality protection in basins in the State, drawing upon the resources oflocal governments and the State, under the supervision and coordination of theCommission.
(c) Legislative Goals and Policies. It is the goal of theGeneral Assembly that, to the extent practicable, the State shall adopt waterquality protection plans that are developed and implemented in cooperation andcoordination with local governments and that the State shall adopt waterquality protection requirements that are proportional to the relativecontributions of pollution from all sources in terms of both the loading andproximity of those sources. Furthermore, it is the goal of the General Assemblyto encourage and support State‑local partnerships for improved waterquality protection through the provision of technical and financial assistanceavailable through the Clean Water Management Trust Fund, the EcosystemEnhancement Program, the Ecosystem Restoration Fund, water quality planning andproject grant programs, the State's revolving loan and grant programs for waterand wastewater facilities, other funding sources, and future appropriations.The Commission shall implement these goals in accordance with the standards,procedures, and requirements set out in this section.
(d) The Commission may, as an alternative method of attainingwater quality standards in a basin, approve a coalition plan proposed by acoalition of local governments whose territorial area collectively includes theaffected basin in the manner provided by this section. The Commission mayapprove a coalition plan proposed by a coalition of local governments whoseterritorial area or water quality protection plan does not include all of anaffected basin if the Commission determines that the omission will notadversely affect water quality.
(e) A coalition of local governments choosing to propose acoalition plan to the Commission shall do so through a nonprofit corporationthe coalition of local governments incorporates with the Secretary of State.
(f) The Commission may approve a coalition plan only if theCommission first determines that:
(1) The basin under consideration is an appropriate unit forwater quality planning.
(2) The coalition plan meets the requirements of subsection (g)of this section.
(3) The coalition of local governments has formed a nonprofitcorporation pursuant to subsection (e) of this section.
(4) The coalition plan has been approved by the governing boardof each local government that is a member of the coalition of local governmentsproposing the coalition plan.
(5) The coalition plan will provide a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices in the affected basin.
(g) A coalition plan shall include all of the following:
(1) An assessment of water quality and related water quantitymanagement in the affected basin.
(2) A description of the goals and objectives for protection andimprovement of water quality and related water quantity management in theaffected basin.
(3) A workplan that describes proposed water quality protectionstrategies, including point and nonpoint source programs, for achieving thespecified goals and objectives; an implementation strategy including specifiedtasks, timetables for action, implementation responsibilities of State andlocal agencies; and sources of funding, where applicable.
(4) A description of the performance indicators and benchmarksthat will be used to measure progress in achieving the specified goals and objectives,and an associated monitoring framework.
(5) A timetable for reporting to the Commission on progress inimplementing the coalition plan.
(h) A coalition plan shall cover a specified period. Thecoalition plan may provide for the phasing in of specific strategies, tasks, ormechanisms by specified dates within the period covered by the plan. TheCommission may approve one or more successive coalition plan periods. Thecoalition plan may include strategies that vary among the subareas orjurisdictions of the geographic area covered by the coalition plan.
(i) If a local government chooses to withdraw from a coalitionof local governments or fails to implement a coalition plan, the remainingmembers of a coalition of local governments may prepare and submit a revisedcoalition plan for approval by the Commission. If the Commission determinesthat an approved coalition plan no longer provides a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices, the Commission maysuspend or revoke its approval of the coalition plan.
(j) The Commission may approve one or more amendments to acoalition plan proposed by a coalition of local governments through itsnonprofit corporation with the approval of the governing board of each localgovernment that is a member of the coalition of local governments that proposedthe coalition plan.
(k) With the approval of the Commission, any coalition of localgovernments with an approved coalition plan may establish and implement apollutant trading program for specific pollutants between and among pointsource dischargers and nonpoint pollution sources.
(l) The Commission shall submit an annual progress report onthe implementation of this section to the Environmental Review Commission on orbefore 1 October of each year. (1997‑493, s.1; 2005‑386, s. 3.7.)
§ 143‑214.14. Cooperative State‑localcoalition water quality protection plans.
(a) Definitions. The following definitions apply in thissection:
(1) "Basin" means a river basin as defined in G.S. 143‑215.22Gor any subbasin or segment thereof.
(2) "Coalition plan" means a water quality protectionplan developed by a coalition of local governments for water quality protectionof a basin.
(3) "Local government" means a city, county, specialdistrict, authority, or other political subdivision of the State.
(4) "Water quality protection" means management ofwater use, quantity, and quality.
(b) Legislative Findings. This section establishes a frameworkto encourage State‑local pollutant reduction strategies for basins underthe supervision and coordination of the Commission. The General Assembly findsthat:
(1) Water quality conditions and sources of water contaminationmay vary from one basin to another.
(2) Water quality conditions and sources of water contaminationmay vary within a basin.
(3) Some local governments have demonstrated greater capacitythan others to protect and improve water quality conditions.
(4) In some areas of the State artificial alteration ofwatercourses by surface water impoundments or other means may have asignificant effect on water quality.
(5) Imposition of standard basinwide water quality protectionrequirements and strategies may not equitably address the varying conditionsand needs of all areas.
(6) There is a need to develop distinct approaches to addresswater quality protection in basins in the State, drawing upon the resources oflocal governments and the State, under the supervision and coordination of theCommission.
(c) Legislative Goals and Policies. It is the goal of theGeneral Assembly that, to the extent practicable, the State shall adopt waterquality protection plans that are developed and implemented in cooperation andcoordination with local governments and that the State shall adopt waterquality protection requirements that are proportional to the relativecontributions of pollution from all sources in terms of both the loading andproximity of those sources. Furthermore, it is the goal of the General Assemblyto encourage and support State‑local partnerships for improved waterquality protection through the provision of technical and financial assistanceavailable through the Clean Water Management Trust Fund, the EcosystemEnhancement Program, the Ecosystem Restoration Fund, water quality planning andproject grant programs, the State's revolving loan and grant programs for waterand wastewater facilities, other funding sources, and future appropriations.The Commission shall implement these goals in accordance with the standards,procedures, and requirements set out in this section.
(d) The Commission may, as an alternative method of attainingwater quality standards in a basin, approve a coalition plan proposed by acoalition of local governments whose territorial area collectively includes theaffected basin in the manner provided by this section. The Commission mayapprove a coalition plan proposed by a coalition of local governments whoseterritorial area or water quality protection plan does not include all of anaffected basin if the Commission determines that the omission will notadversely affect water quality.
(e) A coalition of local governments choosing to propose acoalition plan to the Commission shall do so through a nonprofit corporationthe coalition of local governments incorporates with the Secretary of State.
(f) The Commission may approve a coalition plan only if theCommission first determines that:
(1) The basin under consideration is an appropriate unit forwater quality planning.
(2) The coalition plan meets the requirements of subsection (g)of this section.
(3) The coalition of local governments has formed a nonprofitcorporation pursuant to subsection (e) of this section.
(4) The coalition plan has been approved by the governing boardof each local government that is a member of the coalition of local governmentsproposing the coalition plan.
(5) The coalition plan will provide a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices in the affected basin.
(g) A coalition plan shall include all of the following:
(1) An assessment of water quality and related water quantitymanagement in the affected basin.
(2) A description of the goals and objectives for protection andimprovement of water quality and related water quantity management in theaffected basin.
(3) A workplan that describes proposed water quality protectionstrategies, including point and nonpoint source programs, for achieving thespecified goals and objectives; an implementation strategy including specifiedtasks, timetables for action, implementation responsibilities of State andlocal agencies; and sources of funding, where applicable.
(4) A description of the performance indicators and benchmarksthat will be used to measure progress in achieving the specified goals and objectives,and an associated monitoring framework.
(5) A timetable for reporting to the Commission on progress inimplementing the coalition plan.
(h) A coalition plan shall cover a specified period. Thecoalition plan may provide for the phasing in of specific strategies, tasks, ormechanisms by specified dates within the period covered by the plan. TheCommission may approve one or more successive coalition plan periods. Thecoalition plan may include strategies that vary among the subareas orjurisdictions of the geographic area covered by the coalition plan.
(i) If a local government chooses to withdraw from a coalitionof local governments or fails to implement a coalition plan, the remainingmembers of a coalition of local governments may prepare and submit a revisedcoalition plan for approval by the Commission. If the Commission determinesthat an approved coalition plan no longer provides a viable alternative methodof attaining equivalent compliance with federal and State water qualitystandards, classifications, and management practices, the Commission maysuspend or revoke its approval of the coalition plan.
(j) The Commission may approve one or more amendments to acoalition plan proposed by a coalition of local governments through itsnonprofit corporation with the approval of the governing board of each localgovernment that is a member of the coalition of local governments that proposedthe coalition plan.
(k) With the approval of the Commission, any coalition of localgovernments with an approved coalition plan may establish and implement apollutant trading program for specific pollutants between and among pointsource dischargers and nonpoint pollution sources.
(l) The Commission shall submit an annual progress report onthe implementation of this section to the Environmental Review Commission on orbefore 1 October of each year. (1997‑493, s.1; 2005‑386, s. 3.7.)
