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1. Can the Town choose not to participate in National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) program?

No, it is a federal requirement and the Town cannot opt out of compliance.

2. When did the Town adopt the post-construction stormwater ordinance?

It was adopted in July 2007. For details on the evolution of the ordinance, click here.

3. When did the Town get its first NPDES permit?

2010

4. How can I pay my stormwater utility bill?

1. You may pay online here.
2. You may mail a check to the Water Department, 160 Midland Avenue, Black Mountain, NC 28711. Checks must be made payable to the Town of Black Mountain.
3. You may stop by the Water Department in person to pay with either check, cash, or card.

5. Why do I have to pay the stormwater utility if I live on a NCDOT road?

• The stormwater utility fee is primarily used to ensure that the Town is in compliance with its NPDES MS4 permit, which is federally mandated and administered by the NC Department of Environmental Quality. 
• The fee is used to pay for staff to implement the requirements of the NPDES MS4 permit as well as to implement the Town's two NCG08 General Industrial Stormwater permits. 
• The stormwater utility fee applies to every developed parcel within Town boundaries to pay for the Town to be compliant.
• In addition to compliance, which is required and has heavy fees if the Town is not compliant, the Town is using the stormwater program to provide services to residents. 
• One of these is offering site visits to investigate stormwater issues in the right-of-way along both Town roads and DOT roads. 
• Issues with DOT roads are referred by staff and any maintenance issues on Town roads are remedied by Public Works.

6. Why do I have to pay the utility fee when I do not have ditches or stormwater drains on my street?

• The stormwater utility fee is issued to any developed parcel within Town boundaries.
• Developed parcels contribute to stormwater runoff that must be managed by the Town.
• The Town is also responsible through the NPDES MS4 permit to continually reduce the amount of pollution (chemical, thermal, sediment) that enters the MS4.
• The stormwater utility fee is not for direct contribution of stormwater from a parcel to the MS4, but rather for maintaining the Town's system as a whole to ensure that we are in compliance with our NPDES MS4 permit. 

7. Do I have to comply with a post-construction stormwater permit? Can I be grandfathered?

• The Town adopted a post-construction stormwater permit in July 2007.
• If your construction project triggered a post-construction stormwater permit from July 2007 forward, you must meet the requirements of the permit.
• The permit requires regular inspections of the Stormwater Control Measure (SCM) by an engineer or landscape architect and a complete, recorded Operations and Maintenance (O & M) agreement to be on file with the Buncombe County Register of Deeds.
• If your construction project required a post-construction stormwater permit, you are required to continue to fulfill the requirements of the permit.
• You are not able to be grandfathered since your project required a post-construction stormwater permit.
• If you have questions about either of these requirements, please contact stormwater@tobm.org.
• The Town did not have dedicated stormwater staff to ensure these requirements were being met before the Stormwater Program was formed in 2021.

8. Can I dig into a stream bed or stream bank or otherwise alter a stream or creek?

• There are many types of work that can be performed for different reasons alongside or in streams.
• The Army Corps of Engineers regulates work around streams.
• Permits may be required by the Corps and/or by the NC Division of Water Resources.
• PRIOR TO ANY IN-STREAM WORK or STREAM BANK restoration or vegetation removal, please contact stormwater@tobm.org so that we may reach out to the Corps on your behalf or you may contact them directly to find out if and what kind of permit your project will require.
• All watersheds in the Town of Black Mountain are considered Trout Watersheds.
• This means that no in-stream or stream bank work can be done during the trout moratorium (Oct 15 - April 15).
• If you have questions, reach out to stormwater@tobm.org.