42-313. Henderson County Water Quality Administrator

  1. Powers and Duties Pursuant to This Chapter. The Water Quality Administrator shall have the following duties with respect to this Chapter, to be carried out in accordance with the terms of this Chapter:
    1. Interpretation. To interpret the terms and provisions of this Chapter related to water supply watershed protection and stormwater management. Any person may request a stormwater management interpretation by submitting a written request to the Water Quality Administrator, who shall respond in writing within 30 days.
    2. To enforce the provisions of this Chapter related to water supply watershed protection and stormwater management regulations including properly investigating complaints from persons who allege that violations of this Chapter have occurred and initiating appropriate action as necessary to prevent, enjoin, abate or remove any violations found. The Water Quality Administrator, or his/her duly authorized representative, may enter any building, structure or premises, as provided by law, to perform any duty imposed upon him/her by this Chapter.
    3. Record of Written Interpretation. To keep on file a record of all written interpretations of provisions of this Chapter related to stormwater
    4. Staff Support. To provide staff support to the Water Quality Board.
    5. Application Requirements. To establish requirements for the content and form of all applications; amend and update application requirements from time to time; establish schedules for submittal and review of applications and appeals; review and make recommendations to the Water Quality Board.
    6. Submission Schedule. To establish a submission schedule with deadlines by which complete applications must be submitted for the purpose of ensuring there is adequate time to review applications, and that the various stages in the review process are accommodated.
    7. Stormwater Management Permits. To grant stormwater management permits as authorized by this Chapter.
    8. Watershed Permits. To administer the provisions of this Chapter relating to water supply watershed and grant water supply watershed use permits, watershed protection compliance permits, and watershed high-density development permits.
    9. Record of Watershed Permits. To keep a record of all permits on file and available for public inspection during regular office hours of the Water Quality Administrator.
    10. Watershed Compliance Inspections. To administer the provisions of this Chapter relating to watershed compliance inspections.
    11. Bonuses and Allocations. To review requests for natural drainage and filtering system
    12. Plan Review. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to the stormwater management regulations of this Chapter.
    13. Stormwater Management Inspections. To enter and inspect any land, building, structure, or premises to ensure compliance with the stormwater management regulations of this Chapter, upon presentation of proper credentials.
    14. Amendments to Water Supply Watershed Protection Regulations. To provide copies of all amendments to the water supply watershed protection regulations of this Chapter (upon adoption) to the North Carolina Division of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ).
    15. Record of Water Supply Watershed Protection Amendments. To keep records of all amendments pertaining to water supply watershed
    16. To administer the provisions of this Chapter relating to Watershed Variances.
    17. Record of Variances. To keep a record of variances to the sections of this Chapter dealing with water supply watershed This record shall be submitted for each calendar year to the NCDENR DWQ on or before January 1 of the following calendar year and shall provide a description of each project receiving a variance and the reasons for granting the variance.
    18. Monitoring Land Use Activities. The Water Quality Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. Where such activities are found, the Water Quality Administrator shall take any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.
    19. Stormwater Management Administrative Manual. To compile the application requirements, submission, schedule, fee schedule, a copy of the regulations, and information on how and where to obtain the Stormwater BMP Manual in a Stormwater Management Administrative Manual, which shall be made available to the public and persons filing applications required under the stormwater management regulations of this Chapter.
    20. To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of the stormwater management regulations of this Chapter.
    21. Additional Powers and Duties. Such additional powers and duties as may be set forth for the Water Quality Administrator elsewhere in this Chapter and in other laws and regulations.