(A) It is the purpose of this chapter to protect, maintain, and enhance the environment of York County and the short-term and long-term public health, safety, and general welfare of the citizens of York County 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 help to minimize damage to public and private property, ensure 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 localized flooding, reduce pollutant loading to the maximum extent practicable, maintain to the extent practicable the pre-developed 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 CFR 122.26 and S.C. Regulation 61-9.122.26) developed pursuant to the Clean Water Act and to ensure that York County has the authority to take any action required to obtain and comply with its NPDES permit for stormwater discharges. Among other things, these regulations require York County to establish legal authority which authorizes or enables York County at a minimum to:
(1) Control the contribution of pollutants to the York County MS4 and receiving waters by stormwater discharges associated with residential, commercial, industrial, and related facilities activity and the quality of stormwater discharged from sites of residential, commercial, industrial, and related facilities activity;
(2) Prohibit illicit discharges to the York County MS4 and receiving waters;
(3) Control the discharge to the York County MS4 and receiving waters of spills, dumping or disposal of materials other than stormwater;
(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) Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions including the prohibition on illicit discharges to York County MS4 and therefore to the receiving waters of the MS4 system.
(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 responsibility of the owner and the operator to provide appropriate management practices, control techniques, system design, engineering methods and such other programs and controls as are required by York County’s NPDES permit.
(D) This chapter is to be construed to further the purpose of controlling and reducing pollutant discharges to the York County MS4 and thus to the waters of the state in order to assure the obligations of York County under its NPDES permit issued by DHEC as required by 33 USC 1342 and 40 CFR 122.26.
(Ord. 2819, passed 6-17-19)