January 2010                                                               

  Vol 5, Issue 1
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ForeCast
 
President's Corner
                                
THEY JUST PASSED WHAT?
As we move into 2010, State Legislatures are either in session already or will soon convene.  We must be ever aware of proposed laws that will affect our ability to successfully manage stormwater.  Some of these laws are good, some not so much.  As we all know when a significant piece of legislation is passed, other states look at it to see if can be adopted into their laws. As the premier stormwater organization in the southeast we rely on you, our members, to keep us all informed as to what is going on in your particular state.  If you know of a proposed piece of legislation let us know and the SESWA staff can disseminate the information to the rest of the membership.  We want to support good laws and show our opposition to bad ones.
 
As a reminder, this is your association. SESWA was created to serve local governments and private sector stormwater professionals. If I, the Board of Directors, or the SESWA staff can be of any assistance, please do not hesitate to contact us.
 
I look forward to seeing you at the spring seminar in Atlanta!

April Seminar

SESWA 2010 April Seminar
"Creative Alternatives for Stormwater Funding"
April 23, 2010 9:00am - 4:30pm
In This Issue
President's Corner
April Seminar
News You Can Use from Region 4
Alabama
Florida
Georgia
North Carolina
South Carolina
SESWA AddsToll-Free Number for Members
   You can now call the SESWA office toll-free at 1-866-for-SESWA!
1-866-367-7379 
Quick Links
Model Stormwater Management Ordinances 
News You Can Use from Region 4

NPDES Construction Rule
The US Environmental Protection Agency published the NPDES Construction Rule in December 2009. The rule goes into effect for each state based on when their existing general construction permit for stormwater expires - see the table below (based on webcast from CWP).

States

Expiration Year

South Dakota, Maine, Alabama, Michigan, Indiana, North Dakota, Pennsylvania, North Carolina

2009 or

already expired

Connecticut, New York, Tennessee, Oregon, Washington

2010

Delaware, Wyoming, South Carolina, Vermont, Wisconsin, Arkansas, Kansas, Montana, New Hampshire, New Mexico, Idaho, Massachusetts

2011

Missouri, New Jersey, Colorado, Oklahoma, Nevada, Iowa, Hawaii, West Virginia, Nebraska

2012

Arizona, Ohio, Texas, Utah, Georgia, Illinois, Minnesota, Rhode Island, Maryland

2013

Florida, Kentucky, Virginia, California, Louisiana

2014

Source: Webcast 5: Erosion and Sediment Control, Center for Watershed Protection. December 15, 2009.

Alabama

Environmental Groups Want EPA to Revoke Alabama DEM Authority 
A coalition of environmental groups has asked the federal government to take away the Alabama Department of Environmental Management's (ADEM) regulatory control. The groups are claiming that ADEM did not enforce parts of the federal Water Quality Act established by the EPA.View the article

Fleet Management Recycling Program - Saving Money
The Fleet Management Division of the Roads and Transportation Department of the Jefferson County Commission has developed many programs that minimize detrimental impacts to the environment and save money.  The programs include refrigerant recycling, a scrap metal program, and a designated area for vehicle washing with BMPs in place to separate oil and water. In addition 37,076 quarts of oil and 702 batteries were recycled during the 2008-09 Permit-year. Contact Zhaleh McCullers for more information.
Florida
Numeric Nutrient Criteria Set for Florida
In what will certainly be a precedent-setting action for the rest of the nation, the US Environmental Protection Agency has issued numeric nutrient criteria for waters in the State of Florida.  Numeric criteria have been common for other types of pollutants but narrative criteria have always been used to determine the health of a waterbody in Florida.  The switch to numeric criteria will have far-reaching impacts on the State, its local governments and the private sector. Background and Proposed Rules.
Georgia
House Bill 316 Exempting State Agencies from Stormwater Utility Fees
House Bill 316, which exempts certain State agencies in Georgia from paying local utility fees, has recently been under legislative debate. With the Georgia Legislature now in session, this is the time for Georgia members of SESWA to contact their representatives and express their opposition to the bill.  If you are interested in writing to your local legislators please see the attached example.
North Carolina 
2008 Review of the 303(d) list of Impaired Waterbodies
The North Carolina 2008 303(d) list of Impaired Waterbodies was under review until January 25, 2010. The Federal Clean Water Act, Section 303(d), requires that each state develop a list of waters not meeting water quality standards. View North Carolina's 2008 revised draft.
How Can You Stay Informed?
Subscribe to the North Carolina Department of Water Quality Rules Listserv.
or
E-mail Glenn Barnes to subscribe to the North Carolina stormwater listserv. Be sure to include "Subscribe Stormwater" in the subject line.
 
Falls Lake Rules
Last month the North Carolina Division of Water Quality (DWQ) released a draft of proposed rules for Falls Lake. The Raleigh City Council supports the "one lake, two stages" concept of implementing the proposed Falls Lake Rules in two phases. However, the City Council is concerned about the proposed time frame it will take to restore the lake's water quality.  The final Falls Lake stakeholder meeting was held January 21, 2010, and the draft Rules will be presented to the Water Quality Committee and the full Environmental Management Committee at its March 10-11, 2010 meeting.  The rules will then be available for public comments beginning the Administrative Procedures Act process.  The DWQ expects to complete rulemaking by January 15, 2011, as required by State Law 2009-486. 
 
Proposed Phase II Candidates
Comments have been received by the North Carolina Department of Environment and Natural Resources (NCDENR) staff on the proposed Stormwater Phase II Community Candidates. Several of these communities are expected to implement more stringent controls to prevent stormwater pollution. These candidate areas include communities in the Broad, Chowan, Pasquotank and Neuse river basins.
 
High Court Excludes Charlotte from Water Suit    
The City of Charlotte will not be allowed to join a lawsuit to defend itself against South Carolina's appeal to get more water from the Catawba River. The US Supreme Court on Wednesday (January 20th) denied the city's bid to become a party in the suit between North and South Carolina over water rights.  View the article.
South Carolina
Proposed Okatie River Fecal Coliform TMDL
The South Carolina Department of Health and Environmental Control (DHEC) scheduled a Public Meeting  for their proposed Okatie River Fecal Coliform (FC) TMDL on January 26, 2010.  The Okatie River is a State Outstanding Resource Water that has its Shellfish Harvesting use impaired due to elevated FC levels. The TMDL is expected to call for percentage reductions of up to 50% in various sub-watersheds of the river. The increase of fresh water going into this watershed is a suspected cause of the elevated FC levels. The state is aiming for approval of the TMDL around June 2010.
SESWA's Homepage

Nominate your Stormwater Website to be Featured on SESWA's Homepage!
Your website can be highlighted on the SESWA 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.

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
(866) 367-7379
 
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