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(A) It is the purpose of this chapter to protect, maintain and enhance the environment of the town, and the short-term and long-term public health, safety and general welfare of its citizens, by establishing requirements and procedures to control the potential adverse effects of increased stormwater runoff associated with both future development and existing developed land. Proper management of stormwater runoff will minimize damage to public and private property, insure a functional drainage system, reduce the effects of development on land and stream channel erosion, attain and maintain water quality standards, enhance the local environment associated with the drainage system, reduce local flooding, reduce pollutant loading to the maximum extent practicable, and maintain to the extent practicable the pre-development runoff characteristics of the area, and facilitate economic development while mitigating associated pollutant, flooding and drainage impacts.
(B) It is further the purpose of this chapter to comply with the federal and corresponding state stormwater discharge (NPDES) regulations (40 C.F.R. § 122.26 and S.C. Regulation 61-9.122.26) developed pursuant to the Clean Water Act, and to assure the town of the authority to take any action required by it to obtain and comply with its NPDES permit for stormwater discharges. Among other things, these regulations require the town to establish legal authority that authorizes or enables the town, at a minimum, to:
(1) Control the contribution of pollutants and the quality of stormwater discharges to the Mount Pleasant Municipal Separate Storm Sewer System (“MS4"), and stormwater discharges associated with residential, commercial, industrial and related facilities activity, in order to achieve compliance with all applicable state NPDES permit requirements to the maximum extent practicable;
(2) Prohibit illicit discharges to the Town MS4 and receiving waters;
(3) Control spills, dumping or disposal of materials other than stormwater to the Town MS4 and receiving waters;
(4) Control, through intergovernmental agreements, contribution of pollutants from one municipal stormwater system to another;
(5) Require compliance with conditions in ordinances, permits, contracts or orders;
(6) Ensure adequate long-term operations and maintenance of best management practices (BMPs); and
(7) Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions, including the prohibition on illicit discharges to the Town MS4 and receiving waters.
(C) The application of this chapter and the provisions expressed herein shall be the minimum stormwater management requirements, and shall not be deemed a limitation or repeal of any other powers granted by statute. In addition, if site characteristics indicate that complying with these minimum requirements will not provide adequate designs or protection for local property or residents, it is the owner and operator's responsibility to exceed management practices, control techniques and systems, design and engineering methods, and such other programs and controls as may be required to meet all applicable construction quality, water quantity, and water quality regulations and requirements.
(D) This chapter is to be construed to further its purpose of controlling and reducing pollutant discharges to the Town MS4 and to the waters of the state, to assure the obligations under its NPDES permit issued by DHEC as required by 33 U.S.C. § 1251 and 40 C.F.R. § 122.26.
(Ord. 07045, passed 8-14-07)