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November 2011 | Vol 6, Issue 6 |
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| National |
EPA Issues Memo on Integrated Municipal Stormwater and Wastewater Planning
On October 27, 2011 EPA issued a memo to all EPA Regional Administrators entitled "Achieving Water Quality Through Integrated Municipal Stormwater and Wastewater Plans." The memo was issued jointly from the offices of Water (OW) and Enforcement and Compliance Assurance (ECA). Acknowledging the current economic hardships that many City's and County's are facing, along with the sometimes overlapping and competing Clean Water Act requirements placed on Stormwater and Wastewater programs, the proposed Integrated Planning Framework seeks to streamline and prioritize work required under various NPDES permits. The approach, as described in the memo, seeks to assess the financial abilities of the local government and to balance all the local government's clean water obligations, to provide the best water quality outcomes possible.
As a first step in bringing about this change in approach, EPA has stated its intention to develop an Integrated Planning Approach Framework which will identify:
1) The essential components of an integrated plan;
2) Steps to identify municipalities that might benefit from the approach; and
3) A description of how the approach will be implemented and coordinated.
EPA has signaled that once the framework is developed it will request feedback from affected groups. They did not indicate a date by which the framework would be available for comment.
It is expected that Green Infrastructure guidelines will be incorporated into the framework and was offered by EPA as a tool that can provide multiple benefits to communities.
SESWA will continue to follow this issue and will report back to members as more information becomes available and when the framework document is released for comment. Click here for more information and to obtain a copy of the memo. |
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| National | |
Washington DC's New "Green Infrastructure" MS4 Permit
EPA announced on October 5, 2011 that it had approved new performance standards within the renewed MS4 NPDES permit for Washington DC. This permit requires the implementation of Green Infrastructure and other sustainable practices. EPA generally exercises more significant control over permits in D. C., so their permit may be an indicator of things to come for other parts of the country.
The permit requirements include:
- A minimum of 350,000 square feet of green roofs on District properties;
- Planting at least 4,150 trees annually and developing a green landscaping incentives program;
- Retaining 1.2 inches of stormwater on-site from a 24-hour storm for all development projects of at least 5,000 square feet;
- Developing a stormwater retrofit strategy to reduce pollutants, and implementing those retrofits to treat runoff from 18 million square feet of impervious surfaces;
- Developing consolidated implementation plans for restoring the impaired waterways of the Anacostia and Potomac Rivers, Rock Creek, and the Chesapeake Bay; and
- Preventing more than 103,000 pounds of trash annually from being discharged to the Anacostia River.
In finalizing the D.C. MS4 permit, EPA prepared responses to 21 individual comment letters received during the 45-day public comment period which closed on June 4, 2010, as well as approximately 50 separate form letters from area residents. Click here to access the permit.
National Stormwater Rule Update
As you are aware, EPA had originally intended to release its draft National Stormwater Rule for public comment in September 2011. This was delayed until early December and the draft rule is now not expected before mid-December, 2011. SESWA will continue to keep an eye on this important rulemaking effort and will be asking members for feedback once the draft rule is released so that SESWA can collate and prepare a response on behalf of our membership. EPA's Stormwater Rule website can be accessed here.
EPA Sends OMB Revised Effluent Guidelines for Stormwater Runoff from Construction Sites
Submitted by Margaret Doss, Columbia County, GA
On November 16, EPA sent to the Office of Management and Budget (OMB) a revised construction and development effluent limitations guidelines (ELG) that will set numeric turbidity limits for stormwater runoff based on new data on treatment performance. The ELG revisions are closely tied to EPA's construction general permit (CGP) for stormwater discharges because the permit relies on the ELG technology-based limits. In July 2011, EPA extended the expiration date for its current CGP to February 15, 2012 to provide time to revise and finalize the ELG in order to include this limit in the CGP following industry concern that it is difficult to provide meaningful comments on a new proposed CGP without knowing the associated ELG turbidity limit. Another industry concern is that a nationally applied numeric standard is problematic due to differences in terrain, geography, soil properties, vegetation and precipitation patterns and characteristics across the country. WEF voiced similar concerns in comments submitted on July 11, 2011 on the CGP. |
| Florida | |
Florida Moving Ahead with State NNC
The Florida Environmental Regulation Commission (ERC) is scheduled to adopt numeric nutrient criteria proposed by the Florida Department of Environmental Protection on December 8, 2011. Several amendments to the proposed rules continue to be revised, including one providing that ditches and canals will remain subject to narrative criteria unless a Total Maximum Daily Load or Site Specific Alternative Criteria is implemented via a numeric expression. Rules approved by the ERC must be ratified by the Florida Legislature and then approved by the Environmental Protection Agency.
Florida Stormwater Association (FSA) files Brief with US Supreme Court
FSA has filed a "Friend of the Court" brief with the U.S. Supreme Court in support of an appeal by Los Angeles County, California. Los Angeles has petitioned the Supreme Court to hear its appeal of a decision of the Court of Appeals for the Ninth Circuit. That decision found the County's flood control district to be responsible for reducing stormwater discharges containing pollutants at levels in excess of water quality limits, even though those pollutants originated outside of the county's municipal separate storm sewer system. Further, the Ninth Circuit's decision ignored the Clean Water Act's provisions on compliance to the "maximum extent practicable." A decision by the Supreme Court on whether it will hear the County's request should be made by January 2012. |
| Georgia | |
Update on GA DOT MS4 NPDES Permit Issuance
Submitted by Steve Leo, Gwinnett County, GA
The Georgia Environmental Protection Division (GA EPD) has taken additional steps toward the issuance of an MS4 NPDES permit to the Georgia Department of Transportation (GA DOT). A copy of the draft permit is available here. The period for public comment closed on November 4th and a Hearing and Public Meeting were held that same day. EPD reports that they received approximately five comments during the public comment period. These comments are being reviewed by EPD and have been forwarded to GA DOT. It is understood that some minor adjustments to the permit will be recommended based on the comments. EPA has already reviewed and accepted the permit language. It is anticipated that the permit will be issued by GA EPD within the next 60 days.
In addition to roads, the permit will also govern relevant activities at maintenance facilities, storage yards and rest areas. The permit contains some significant new requirements which will affect the way GA DOT manages runoff from roads and other DOT facilities. One such change is the requirements for Post Construction Stormwater Management on all road construction and reconstruction, major widenings, interchange construction and improvement, bridge construction or replacement. Maintenance and safety improvement activities such as repaving, shoulder paving and sign installation, are excluded.
New Industrial Stormwater General Permit Meeting Announcement
Submitted by William Hodgins, City of Savannah, GA
The Georgia Environmental Protection Division (GA EPD) and the City of Savannah will be holding a meeting on Tuesday January 10, 2012 at theCoastal Georgia Center from 8:15 am - 3:00 pmto discuss thenew Industrial Stormwater General Permit (GAR050000) to include the new requirements for coverage under the Industrial General Permit (IGP) and changes from the 2006 IGP. This free training is geared toward existing industrial permittees, MS4 permit managers, local regulators and industrial trade associations. Click here for more information. |
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Kentucky | |
TMDLS and Permit Updates
Submitted by Eric Larson, City of Georgetown, KY
Kentucky, like the rest of the region, is contemplating the proposed permit changes by the EPA. TMDL development is an emerging trend in Kentucky and language in current general permits will tie TMDLs to future monitoring programs. All these changes are on the horizon while several communities are just now beginning to establish the programs needed to meet the 2003 roll out of Phase II permits. Kentucky is in the second year of the second 5 year Phase II permit cycle. Lexington, one of the two Phase I communities in the State, received their permit renewal in 2009. Louisville's permit was approved this year.
Kentucky Stormwater Association Elects New Board
Submitted by Eric Larson, City of Georgetown, KY
The Kentucky Stormwater Association just celebrated its two year anniversary and successful completion of the second annual conference. With a grant from the Kentucky Water Resources Research Institute, KSA was able to offer the conference free to all MS4 coordinators. There were over 120 participates and 20 sponsors and exhibitors. Conference topics included Green Infrastructure, Volume Based requirements, Storm Water Utilities, and Elected Officials / New Managers workshop. The conference also marked the first change in elected leadership since its inception of the organization. The new officers are Chad McCormick - President, Matt Powell - Vice President / Secretary, Eric W. Larson - Treasurer, and Vicki Brackett Meredith and Samantha Brown - Conference Committee Co-Chairs. |
| North Carolina | |
NPDES Permit Updates
Submitted by Louise Slate, AMEC, NC
Recent changes in legislation have removed the Authorization to Construct (ATC) requirements for wastewater treatment and disposal systems at industrial facilities with discharge permits. Session Law 2011-394 (Section 9) discontinued the ATC requirements as of July 1, 2011. As these changes affect the review process for the NCG020000 (Mining Activities), NCG140000 (Ready Mixed Concrete), and NCG240000 (Composting Operations) General Permits, the Stormwater Permitting Unit will be revising and posting more specific information and guidance in the coming weeks. Click here for more information regarding stormwater updates.
On-going Water Quality Issues
Submitted by Jacquelyn K. Corbin, CDM, NC
In mid April, 2011 The News and Observer released three consecutive articles in the Research Triangle aleigh-Durham area) of North Carolina involving ongoing water quality issues. The titles of the articles, in the order in which they were released are, "State spends $140 million on faulty water projects", "Pollution hurts triangle; compensation goes elsewhere" and "For state streams, restoration just starts the costs." The series of articles explain the economics behind treating water quality and emphasize that although pollution is prevalent in the Triangle, tax dollars go to improving water outside of the Triangle. The articles further explain that the water quality improvement projects completed may be deficient. The issues are causing a growing heat among homeowners, developers, and legislators alike and are expected to result in major changes to legislation in the near future.
NPDES Permit Phase II Renewals
Submitted by Mike MacIntyre, City of Charlotte, NC
76 NPDES Phase II permits scheduled for renewal have now been issued by the North Carolina Division of Water Quality (DWQ). Click here to view the permits. Highlights included in the permits are special rules for sensitive watersheds, consideration for low impact development and, in some cases, retrofit opportunities. Six Phase I permit renewal applications (Charlotte, Durham, Fayetteville, Greensboro, Raleigh and Winston-Salem) are due to DWQ by the end of the year.
Charlotte Approves Post Construction Controls Ordinance
Submitted by Mike MacIntyre, City of Charlotte, NC
In October, the Charlotte City Council approved an amendment to the City's Post Construction Controls Ordinance allowing the option of paying a fee in lieu of providing onsite water quality improvements for redeveloping sites that do not increase the impervious coverage. In some limited cases, volume and peak controls may also be waived with the payment of a fee. Prior to the approval of this amendment, payments were only allowed for sites where increased density is desired along transit corridors and the center city according to city land use and economic planning maps. Providing the flexibility for developers to pay a fee for redevelopment projects encourages the reuse of land that is already impervious by reducing developer costs and avoiding underground utilities and other conflicts.
All collected fees are used to construct regional best management practices designed to provide equal or greater water quality and quantity benefits than what would be provided by the individual redevelopment projects. Performance measures of the payment-in-lieu program are impervious acreage treated, pounds of total suspended solids (TSS) removed, and cost/pound TSS removed compared to the payment rate. The improvements made with mitigation fee contributions play a part in the City's strategy to recover impaired watersheds in a cost-effective and proactive program.
Projects not meeting the geographic or redevelopment criteria are still responsible for providing water quality, volume and peak controls. |
| South Carolina |
DHEC General Permit StatusSubmitted by C. Jarman, Charleston County, SCThe current construction general permit expired. The new Construction General Permit is currently out for public comment. The comment period ends November 28, 2011. The permit contains major changes from the last permit.
MS4 General Permit
Submitted by C. Jarman, Charleston County, SC
The current MS4 general permit has expired. SC DHEC has indicated that they received a large number of comments when the permit was placed on public notice. They intend to wait until the new draft rules are published to proceed with their revision. They indicated that they would be incorporating the new rules into the permit. They do not anticipate the MS4 permit being issued until after the new rules are finalized in 2012.
Public Education Website
Submitted by Cary Gaffney, Hilton Head Island, SC
The Coastal Waccamaw Stormwater Education Consortium has launched a newly designed website to help local residents, businesses and organizations play a role in keeping area waterways clear of pollution. The website includes information on the effects of stormwater pollution, user-friendly tool kits to help prevent stormwater pollution, and volunteer and involvement opportunities. Click here to visit the website.
New Link for Stormwater Answers
Submitted by Cary Gaffney, Hilton Head Island, SC
In response to an increasing number of requests from citizens looking for solutions, Clemson University Extension has launched a stormwater pond-management website to help communities manage their stormwater ponds. |
| Tennessee | |
Permit Updates
Submitted by David Mason, CDM, TN
The State of Tennessee is in the process of issuing the next cycle of NPDES Phase I MS4 permits to the Cities of Chattanooga, Nashville, Memphis and Knoxville. Chattanooga has been issued a final permit while the Nashville permit is currently in the public comment period. The Cities of Memphis and Knoxville expect to receive draft permits in the first quarter of 2012. As expected, the NPDES Phase I permit language mirrors much of what was included in the Phase II Small MS4 permits issued by the State last year. Several concerns with the permit have been raised by the big four municipalities in the State, including the requirement to capture, harvest and/or infiltrate runoff from the first 1" of rain, increased requirements for monitoring that may not produce statistically significant results and provisions related to the protection of endangered species. |
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Mark Your Calendar - SESWA Upcoming Events | |
Green Infrastructure Webinar - Parking, Zoning, and Standard Street Details Oh My!Georgia EPD has required all Phase I MS4 Permittees to review and revise local building codes, ordinances and other regulations to identify and remove barriers to green infrastructure; however, little guidance was provided on how to conduct this review. With many analysis options available, this session will examine the tools and methodology the City of Atlanta took to conduct a review of codes and ordinances and begin implementation.
Julie Todd, Environmental Compliance Manager
City of Atlanta, GA
January 25, 2012 - 10:30 AM - 11:30 AM Registration opens January 3rd.
Help bring quality education to our members by sponsoring the webinar! Click here to find out how.
April 20, 2012
SESWA's Spring Seminar - Details coming soon! |
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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,
Southeast Stormwater Association
(866) FOR-SESWA (367-7379)
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