The 2010 Annual Conference Call for Presentation Papers has been released! The deadline for submittals is January 29, 2010.  Mark your calenders for the Annual Conference October 6-8, 2010!

EPA intends to propose a rule to strengthen regulations concerning stormwater from, at minimum, newly developed and redeveloped sites, and to take final action no later than November 2012.  In order to support its rulemaking effort, EPA is proposing to require three separate questionnaires focusing on gathering data about current stormwater management practices from three groups: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories. The draft survey would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.  EPA is requesting comments on the proposed questionnaire but is NOT requesting completion of questionnaires at this time.

The comment period on the draft questionnaire will close in late December 2009.  Questions concerning the survey or rulemaking should be directed to Holly Galavotti at (202) 564-1489 or galavotti.holly@epa.gov. 

Search EPA's Section 319 Nonpoint Source Grants Database

Florida Federal Court Rules on Numeric Nutrient Criteria
A federal trial court has ruled that a proposed Consent Decree between Earthjustice and EPA is a fair and reasonable compromise.  However, a separate, procedural challenge to the agreement was allowed to move forward.
 
Florida, like most states, has narrative criteria for nutrients.  It had been developing numeric criteria for several years but its highly variable soils and geology, and numerous different types of waters and watersheds, proved the task of developing criteria that were protective (but not overly protective) to be very difficult.
 
Earthjustice and other environmental organizations had filed suit in federal court last year arguing that the development of such criteria was a mandatory duty of EPA; that neither the State nor EPA had developed such criteria for Florida; and, that EPA must develop the criteria for Florida in order to further the objectives of the Clean Water Act.
 
Initially, EPA argued that the development of such criteria was not a mandatory duty.  The Florida Stormwater Association (FSA) and other parties moved to intervene on EPA's behalf and were granted the right to intervene.  EPA later changed its position and entered into a Consent Decree which essentially provides that EPA will be developing the criteria for Florida. 
 
The Intervenors then requested a Fairness Hearing, arguing that the proposed Decree would have very significant impacts on the State of Florida and its local governments, economy and the private sector, and should therefore be rejected or modified.  The Intervenors also filed a cross-claim, alledging that EPA failed to follow proper procedural rules when adopting the Consent Decree. 
 
On November 16th the Court found that the Consent Decree was a fair and reasonable compromise, and did not reject the proposed agreement based upon its potential impacts.  However, the cross-claim challenging the Decree based on whether proper procedures were followed was allowed to move forward.  That case will likely be argued in January 2010.
 
The litigation is important for SESWA members because it will likely set a precedent for the development of numeric nutrient criteria in other states. 

House Bill 316 Exempting State Agencies from SWU Fees
HB 316 was introduced in the Georgia House in February 2009 and could potentially be reintroduced in 2010.  If passed, the legislation will exempt all State agencies and departments from paying stormwater fees imposed by local governments.  The impact could be far reaching in as much that local school boards and other groups will likely seek similar exemptions under this bill.  The ability of local governments to provide stormwater management services, flood control and water quality improvements will be adversely affected.  Georgia members of SESWA should contact the members of your legislative delegations to express your opposition to the bill.  SESWA members from other states should watch HB 316 because it could set an example for other legislatures to follow.

Qualified Personnel for Inspections
The North Carolina Sedimentation Control Commission met November 12th and passed a resolution recommending that the NC General Assembly investigate and consider enacting legislation requiring qualified personnel to perform inspection of erosion and sedimentation control measures.  Draft language for the proposed legislation has not yet been finalized.  

 

Jordan Lake Nutrient Management Strategy
The new Jordan Lake Nutrient Management Strategy is a comprehensive set of rules designed to reduce nutrient over-enrichment in Jordan Lake and restore it to full use.  The Jordan Lake watershed contains large portions of the populous Triangle and Triad regions as well as significant amounts of pasture and other agricultural lands in North Carolina. On August 31, 2009 the NC General Assembly officially enacted the "Jordan Rules."  Affected jurisdictions must submit a Stage 1 Adaptive Management Program for Existing Development by December 31st of this year.

 

Perry Creek Watershed TMDL
The NC Division of Water Quality placed the draft TMDL for the Perry Creek watershed on the Division's website and accepted comments through November 27, 2009. This draft TMDL is the second written in North Carolina to address impairment due to biological integrity. The first NC TMDL for Biological Impairment was written for the Swift Creek watershed earlier this year and approved by the EPA in March. Both TMDLs use the Impervious Cover Method (ICM) as a surrogate indicator for biological integrity. NPDES Permit holders responsible for the water quality of these creeks, both located in the Neuse River watershed, will have to mitigate impervious cover conditions to show an effective impervious cover of 9%. Visit the NC DWQ website to view the TMDLs.

Beaufort County Adopts Stormwater Volume Controls
On October 26, 2009 the county formally adopted Storm Water Volume controls mirroring new federal criteria of "Maximum Extent Technically Feasible."  This will require new development to retain and utilize the excess stormwater generated from rain events up to 1.95 inches.   Proposed BMP manual changes to implement controls are expected by the end of November.  Articles concerning these actions can be viewed by clicking here.

 

Correction
In the September Forecast, the South Carolina article "South Carolina Law Restricts Stormwater Fees on Agricultural Land" stated that S 0453 included places of worship as exempted from stormwater fees.  S 0453 does not exempt places of worship.

Nominate your Stormwater Website to be Featured on SESWA's Homepage!
Your website can be highlighted on the SESWA website homepage.  Each month a different state will be featured.  If you would like your stormwater website featured, email a link to seswa@ksanet.net with a short paragraph describing your jurisdiction for the month that features your state. The featured state for January is Tennessee.  Monthly featured states will be on the SESWA home page.
 
Beaufort County, SC website volunteered to kick off the program for December.  Check it out!