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SESWA ForeCast July E-Newsletter |
We hope you enjoy this month's newsletter featuring articles from many of our member-states, highlights of the Annual Conference and more! If you would like additional employees to receive this newsletter or other information from SESWA, please email the contact information to the Membership Director. |
| Association News |
Tour of Local Stormwater Projects featured at the Annual Conference
The SESWA Annual Conference will be held September 30th through October 2nd at the Augusta Marriott on the Savannah River. In addition to great workshops, keynote speakers and exhibits, the Conference features a four-hour pre-conference tour of innovative stormwater projects in the Augusta area on September 30th. See the Mullins Pond water qualtiy improverment project by Reed Creek in Columbia County, Brick Pond Park wetland restoration along the Savannah River and the pre-construction Betty's Branch stream erosion project site. Be sure to select the tour early as seating is limited.
2009 Southeast Stormwater Utility Survey
 The Southeast Stormwater Utility Survey Report was distributed to 186 member-organizations and contributors last week. Over 85 Reports on CDs were also distributed to organizations that responded to a research survey to identify those jurisdictions with a stormwater utility or an interest in establishing one. The Report will also be available to SESWA members on the members' section of our website. Thanks to our Survey Sponsors for their support!
SESWA Membership Directory
The SESWA Membership Directory is distributed in October - be sure your renewal is in to the SESWA office by October 1st to be included in the 2009-10 edition! |
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| Alabama |
MS4 AuditsEPA Region 4 has begun conducting onsite audits of MS4 Phase 1 permit holders. The Shelby County audit was completed January 14, 2009. This permit holder has 4 co-permittees. The Storm Water Management Authority (SWMA) onsite audit was completed July 15, 2009. SWMA is a regional agency formed in 1997 by local governments to provide a cost effective way for MS4s to comply with the Clean Water Act. SWMA has 24 co-permittees within Jefferson County, some will undergo the audit process on their own. Download the MS4 Evaluation Guidance to prepare for an audit or conduct an internal audit on your own.
Storm Drain MarkingWithin the past six months, SWMA has implemented storm drain marking projects in the cities of Vestavia Hills and Center Point. SWMA will implement storm drain marking projects in two more cities, Clay and Pinson, over the next few months. SWMA custom designed and purchased 150 markers for each jurisdiction. SWMA staff worked closely with the mayors, city councils and the public works departments to determine the project area, conducted field reconnaissance to identify storm drain locations, provided detailed maps of the storm drains within the project area for volunteers to follow when placing the markers, and helped publicize the project. SWMA also provided educational brochures for distribution to residents near the project areas to further explain the importance of keeping storm drains clean. The vinyl markers carry a ten-year warranty and meet industry standards for safety and durability. |
| Florida |
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Florida Stormwater Association Files Designated Use Petition
On Monday, July 20, 2009 the Florida Stormwater Association (FSA) filed a petition with the Florida Environmental Regulation Commission asking that rulemaking be initiated to revise Florida's system of classifying waterbodies and determining their use. FSA had urged the Florida Department of Environmental Protection (FDEP) to examine revisions to the 40-year-old classification system beginning in 2005 and FDEP subsequently created a Policy Advisory Committee (PAC) on that subject. The PAC met several times and had adopted a series of preliminary recommendationsbefore further activities of the PAC were deferred. Although the activities of the PAC have been dormant for two years, the need for a comprehensive, science-based review of Florida's system of classifying waters is more important than ever. The progression of the TMDL program and Florida's recently-initiated rulemaking efforts to adopt numeric nutrient criteria have heightened the need for a system of classifying waters and determining their use that makes sense, especially in these times of fiscal constraints. |
| Georgia |
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Stormwater Fees Challenged
Stormwater fees levied by several jurisdictions within the southeast are being questioned by federal agencies. The fundamental question surrounding the issue is whether the charges are in fact legitimate fees or whether they are taxes. A good illustration of the issue is found in decisions involving the City of Huntington, West Virginia. A 1996 decision of the State Supreme Court (473 S.E.2d 743) held that the City's municipal service fee for fire protection and flood control was use fee (not tax) and the local School Board was authorized by statute to pay such fees. However, in an earlier decision, the United States had brought action to enjoin the City from assessing or collecting fees against federal agencies owning property in the City.
In a 1993 decision of the United States Court of Appeals (999 F.2d 71) the Court held that the fees levied by the City arose from federal agencies' status as property owners, not from their use of city services, so they were immune from liability for both the fire and flood protection fees, although the federal agencies had waived immunity for the purposes of the fire protection fee. The Court found that they were "...unable to discern any relevant difference between the square-footage method of assessment and the ad valorem method. The service fee is a thinly disguised tax, and, as such, the USPS and GSA are immune from liability for it."
The USPS and other Federal agencies are currently claiming immunity from the City of Decatur and Gwinnett County's (Georgia) stormwater fees, based on the Huntington case.
SESWA is monitoring the issue of whether federal agencies are claiming immunity or otherwise refusing to pay legitimate fees for stormwater management. Please provide any information you may have to SESWA staff, including all written correspondence on this topic. |
| North Carolina |
| Environmental Legislation
H 1100: Establishes stormwater control best management practices for composting operations and for mulch operations that are permitted by the Division of Water Quality, Department of Environment and Natural Resources. Most existing operations are grandfathered in Any such operation currently established will be allowed to continue until 2012.
H 239: An Act to provide for improvements in the management of the Jordan watershed in order to restore water quality in the Jordan Reservoir. Originally titled "An Act to Disapprove the Jordan Water Supply Nutrient Strategy Rules" the Bill has undergone two major revisions.
H 749: Authorizes the state building code to permit the use of cisterns to provide water for flushing toilets and for outdoor irrigation in the construction or renovation of residential or commercial buildings or structures and to prohibit any state, county, or local building code or regulation from prohibiting the use of cisterns for these uses.
H 789/S 586: Requires the filing of notice of pending litigation for actions seeking injunctive relief regarding sedimentation and erosion control for any land-disturbing activity that is subject to the requirements of state law.
H 1099: Amends various environmental laws and includes provisions to extend the deadline by one year for the development and implementation of a nutrient management strategy for certain drinking water supply reservoirs. |
| South Carolina |
Agricultural Pre-emption Legislation - S 0453
Legislation to preempt stormwater fees for agricultural or undeveloped lands passed this Session of the Legislature and was approved by the Governor | |
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Please share your comments on our newsletter by emailing us at SESWA@ksanet.net.
Sincerely,
The Southeast Stormwater Association
(850) 561-0904
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