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New DuPage County Stormwater
Rules Take Effect
The revised DuPage County Stormwater Ordinance was approved by the DuPage County Board on April 24, 2012 and went into effect the next day.
The new Ordinance contains some fundamental revisions to the regulations, clarifying some and easing others. Some of the big changes include the following:
- A reduction in the stormwater requirement for development of previously developed or brownfield properties;
- A reduction in the stormwater requirement for park and naturalized restoration projects with limited impervious areas;
- An elimination of the "Riparian Environment" section in favor of a "Buffer" section, resulting in a simpler, clearer evaluation of area function (including a reduction from 10 to five functions to evaluate);
These changes are expected to facilitate and, in some cases, encourage development compared with the prior Ordinance. Please click here for a comprehensive review of changes to the Ordinance.
For more information, please contact Tom Slowinski at (630)729.6285 or tslowinski@v3co.com.
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Will Early Warm Weather Burn You?
The average recorded temperature for March 2012 at O'Hare Airport was 53.5 degrees Fahrenheit, topping the 1910 and 1945 record of 48.6 degrees. Between March 14 and 22, our region experienced nine straight days of record highs.
Typically native plants that are indigenous to this region begin growing when soil temperatures reach 55 degrees. With the average temperature of 53.5 degrees and a string of record high temperatures -- including six days at or above 80 degrees in March -- everything had a 4-to-6-week jumpstart on the growing season. We don't typically see these temperatures or "greening" until May.
As much as we enjoyed that balmy run, two months later you have to ask the question: Will the early spring weather adversely affect my natural areas and open spaces?
Early Weed Control: Those pesky cool season weed species tend to beat the native species to the sun almost every year. But this year they got a head start. If you haven't already started your early season weed control, it's time to get going. By now you also may have missed some of the worst offenders such as garlic mustard.
Short Prescribed Burn Window: The high temperatures, coupled with high winds and quickly greening vegetation, created difficult burning conditions for most area sites. Chicago even had several unusual Red Flag Warnings issued by the National Weather Service in early April due to low humidity and gusty winds. Once the native species start to green and grow, you run the risk of harming them (along with the early season weeds) from a hot burn.
For answers to any questions you may have regarding how this affects your natural area, please contact Greg Wolterstorff at (630) 729-6334 or gwolterstorff@v3co.com. |
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New Ruling Alters Clean Water Act Enforcement
In a recent unanimous decision, the United States Supreme Court weakened the impact of compliance orders issued by the United States Environmental Protection Agency (USEPA) for alleged violations of Section 404 of the Clean Water Act. The Court ruled that such allegations can be challenged in court prior to the landowner having to comply with the orders. Previously, an alleged violator would need to comply with the violation order, often having to pursue corrective actions and/or face often hefty fines.
The case, Sackett v. EPA, No. 10-1062, began when USEPA issued a compliance order, claiming the Sacketts had placed dirt on their vacant residential lot in Idaho. USEPA alleged that the property contained jurisdictional wetlands and ordered them to remove the dirt and restore the wetlands or pay penalties of at least $32,500 per day and face subsequent denial of a Section 404 permit.
The Sacketts did not believe that their property contained jurisdictional wetlands and requested a hearing, which was denied by USEPA. They subsequently filed suit and the U.S. District Court and Ninth Circuit appellate court both ruled that the Clean Water Act did not allow for judicial review of a compliance order, effectively forcing the Sacketts to comply with the order or wait for USEPA to file suit to enforce it.
In the decision by the US Supreme Court, Associate Justice Samuel Alito stated, "until EPA sues them, they are blocked from access to the courts, and the EPA may wait as long as it wants before deciding to sue," adding that potential fines could reach millions of dollars by that time. Although the decision did not directly address the scope of federal jurisdiction over wetlands and other jurisdictional waters, it has the potential to expedite the process for recipients of Clean Water Act compliance orders to question federal determinations.
For answers to any questions you may have regarding these changes, please contact
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