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September 2009 |
Vol 4, Issue 5 |
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SESWA ForeCast September 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. |
| SESWA Annual Conference - Early Bird Deadline is September 16th |
The 2009 SESWA Annual Conference will be held September 30th through October 2nd at the Augusta Marriott in Augusta, GA. In addition to the Conference, Principles of Establishing a Stormwater Utility will be offered as a pre-conference seminar on September 30th from 2:00 p.m. to 5:00 p.m. The seminar will provide local governments with a practical guide to developing a stormwater utility. Stomwater utilities allow the cost of many stormwater management services to be shifted out of the general fund to a user fee or assessment. Join presenters Scott McClelland, VP, CDM, Steve Lienhart, VP, URS Corporation, Larry Kaiser, President of Collaborative Infrastructure Services and Heather Encinosa, Esquire, Nabors, Giblin and Nickerson for a "how to" concerning stormwater utilities and learn methods most commonly used to identify and apportion costs. |
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| Annual Conference Quick Links |
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| Florida |
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Numeric Nutrient Criteria
Although Florida Department of Environmental Protection had initiated a process to develop numeric nutrient criteria three years ago, Earthjustice filed suit last year against EPA arguing that the development of such criteria was a mandatory duty of the Agency. The lawsuit sought to force EPA to develop such criteria for Florida. For the past several months, FDEP has been working with EPA in a greatly accelerated process to develop such criteria. However, EPA has recently entered into a settlement agreement with Earthjustice essentially specifying that EPA will review the criteria itself. While the EPA-specified criteria have not yet been released, it is generally assumed by all parties involved in the process that the EPA criteria will be much more stringent than the draft criteria prepared by FDEP and will recognize variability in Florida's soil types and waterbodies to a much lesser extent. The scientific basis of the criteria and their attainability (given current technologies) are being widely questioned; the fiscal impact on both local governments and the private sector will be enormous. |
| Georgia |
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Are State Agencies Exempt from Stormwater Utility Fees?
Recent interpretations of an Opinion from the Georgia Attorney General have resulted in confusion over whether local governments have the power to charge reasonable fees to state agencies for stormwater management services. See Regulatory Fee or User Fee Charge for more information. Stormwater Past-Due Fee Collection Rockdale County's Stormwater Management Division is considering several options to collect on past due Stormwater Utility fees that are approaching an accumulated $1 million since the program began five years ago. Rockdale Citizen Article
Dougherty County Considers Stormwater UpgradesDougherty County is considering spending $2M on storm system upgrades in 48 problem areas after flooding in March and April. Albany Herald Article |
| Kentucky |
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Louisville MSD Walks the Green Talk - Rain Garden 
It can be said that one test of a rain garden is the first big storm. If that is the case, then Louisville MSD's rain garden, installed at its main office, received its test August 4, 2009 when over 6 inches of rain fell in under 80-minutes. Louisville MSD's nearly completed (but not quite) rain garden was designed to manage rooftop flows for the first two inches of rain and bypass the rest.
Prior to the morning of the deluge, the garden's two cells had been excavated and amended with engineered soil, the overflow bypass drainage installed and the mulch covering placed. The adjacent disturbed areas were covered with sod two days prior and about 25% of the plantings had been installed the day before. Building a Rain Garden without Getting Washed Away
Kentucky Permitting Updates
MS4s into Waters of the Commonwealth
The Kentucky Division of Water (KDOW) will be reissuing the general permit that pertains to pollutants in stormwater discharge for all Phase II communities. The revised permit (still in draft form) will address the water quality of stormwater runoff. One of the most significant criteria of this permit is addressing post-construction stormwater management (MCM 5) in new developments and redevelopments. Water quality standards will be implemented to treat eighty percent of the anticipated annual rainfall for new development.
Stormwater Discharges Associated with Construction Activities As of June, 2009, the Kentucky Division of Water (KDOW) has reissued their construction general permit, or KRY10, that deals with stormwater discharge associated with construction activity disturbing one or more acres of land. The new KRY10 creates a new Notice of Intent exclusively for construction activities (NOI-SWCA). The revised permit requires a minimization of disturbance, as well as maintaining a buffer between receiving waters and disturbed areas for all projects. |
| South Carolina |
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South Carolina Law Restricts Stormwater Fees on Agricultural Land
S 0453 was passed into law during the 2009 Legislative Session. The law applies to all agricultural, forestlands and undeveloped lands, providing that county governments may not impose a fee on such areas for the cost of stormwater management, sediment or erosion control. The legislation also exempts places of worship for such fees.
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Beaufort County Plans Stormwater Ordinance RequirementsBeaufort County, SC is planning Stormwater Ordinance requirements for control of Stormwater volume based on Federal Energy Independence and Security Act (EISA) of 2007. This law sets requirements for stormwater management from federal projects. This requirement is "... use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume and duration of flow." The county will be using draft guidance on this requirement to develop ordinance changes and BMP design to meet volume reductions. Five BMPs are being explored with one being a commercial flat roof evaporation system, with cisterns and spray systems for the roof. For more information contact Dan Ahern, Stormwater Manager for Beaufort County at dahern@bcgov.net. |
| SESWA Membership Renewal |
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Remember to send in your SESWA membership renewal dues in before October 1st to be included in the 2009-10 Directory!
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Don't see news from your state? Please contact us with your news or 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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