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January 2012 | Vol 7, Issue 1 |
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President's Corner |
 | | Aylin Lewellan SESWA President |
Welcome to 2012... and what I believe will be a "watershed" year for SESWA! This is an exciting time to be in the stormwater business, and I am very proud to be part of our growing SESWA family. This upcoming year is likely to have many regulatory changes and new challenging issues, such as:
- Pending Federal US EPA draft stormwater rules scheduled to be out this year for comments;
- Many new state MS4 permits for our cities and counties, as well as for other affected groups such as State DOTs and industrial permit holders;
- Green infrastructure and sustainability (becoming household terms) creeping into MS4 permits and regulations;
- Asset management approaches to our stormwater infrastructure, BMPs, and even stream restoration projects are becoming an increasing focus to better manage our systems as well as become even more cost-effective; and,
- More and more technological improvements to monitor, track, and regulate stormwater at the local government level.
These issues and many others are routinely covered in our committee meetings, newsletter articles, webinars, spring seminar, and annual conference. Our organization is a unique, valuable tool to help our members learn and share about Region IV stormwater issues. Our organization can only be as strong as the membership allows it to be!
My challenge to everyone during 2012 is simple - get more involved in SESWA and make it better!! Here's how you can help:
- Talk with your colleagues, clients, and co-workers about the networking benefits that SESWA provides. Spread the word and invite potential members to the April Seminar!
- Join a committee and participate as much as your time allows.
- Attend a Webinar! Webinars are sponsored so these sessions are free to our membership. Please participate, ask questions, and provide input on new learning sessions for the future. The first webinar was January 25th with more planned for this spring!
- Spring Seminar support and participation. Please join us in Atlanta this April and encourage your colleagues to join us too! The more that attend the full day event, the more valuable it is for everyone!
- Annual Conference - join the conference committee, submit a paper, register to attend, exhibit, sponsor.... Join us in Chattanooga this October!!!
If you have ideas for other ways to help SESWA be more valuable to our members, please let SESWA staff, myself, or any Board member know about it. So: Get involved, stay involved, and help make 2012 a great year! |
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SESWA's 3rd Annual Member Photo Contest | | Remember to email photos of your stormwater projects to SESWA@ksanet.net by Friday, February 24th! The top 3 winning photos will be displayed on the SESWA homepage with additional photos used throughout the website! |
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| National | |
Los Angeles County vs. NRDC
The US Supreme Court has asked the US Solicitor General to submit comments to the Court on the Los Angeles County's petition concerning its MS4 permit. The County had petitioned the Court to hear its appeal of a decision of the U.S. Ninth Circuit Court of Appeals which found that the primary permit holder (Los Angeles County) was responsible for reducing pollutant levels leaving its system and flowing into waters of the US, even if the County had no control over much of that which enters its system. Further, the Ninth Circuit ignored the Clean Water Act's provision that MS4 permittees comply with permit conditions to the maximum extent practicable ("MEP").
The Solicitor General is the primary lawyer representing the federal government in court. The fact that the Supreme Court has asked the Solicitor General for comments indicates that the Court understands the significance of the Los Angeles case and is giving serious consideration to the County's request.
EPA Stormwater Regulations
US EPA's proposed revision to national stormwater regulations on post-construction that was due to be released last year has been delayed again.
The original concept of the proposal was to expand the types of communities required to obtain stormwater permits, make the permit conditions for Phase 2 MS4's more similar to those for Phase 1 permit holders and to add new "green infrastructure" or low impact development conditions. Concerns expressed by many sectors and some members of Congress have resulted in the many delays of the draft revisions. The most recently-reported extension has now moved to May of 2012.
Non-Payment of Stormwater Utility Fees by Federal Agencies
Members may recall that S. 3481 was signed by the President on January 4, 2011. This new law amended section 313 of the Clean Water Act (CWA) for the purpose of clarifying that federal government facilities are responsible for paying reasonable stormwater service charges. Initially it seemed clear that this law would remove any doubt that Stormwater Utility fees charged after January 4, 2011 would be paid by federal agencies. However, it has come to the attention of SESWA that some jurisdictions continue to have problems in obtaining payment for fees charged after the President signed this amendment to the CWA into law. In addition, there remains some contention over whether fees charged prior to the passage of S. 3481 should also be paid. In fact, this question is the subject of a lawsuit between the United States and the cities of Renton and Vancouver in Washington State (see SESWA Forecast July 2011 article for background). Stormwater Utilities have argued that S. 3481 simply clarified a legal obligation that existed in the CWA prior to the amendment and that federal facilities have always been obligated to pay stormwater charges, including those amounts due prior to 2011. As an update, this lawsuit is progressing but is still in its early stages. It is anticipated that a decision may be reached by mid year. SESWA will keep members informed on any updates to this suit. If your stormwater utility has experienced problems in obtaining payment for stormwater utility fees from federal agencies, and specifically those levied after January 4, 2011, it would be appreciated if you would contact Steve Leo with Gwinnett County Stormwater Management Division with some details regarding your experiences. |
| Florida | |
EPA and NNC Update
Submitted by Sam Amerson, City of Stuart
With all of the federal and state regulations and proposed legislation that are creating a future of uncertainty and anxiety for the regulated community in the stormwater arena, some positive news comes out of Florida.
The Florida Department of Environmental Protection (FDEP) has been working for several years on the development of numeric nutrient criteria (NNC) based on "good science" and an extensive water quality sampling program throughout the state. But in 2009, the US Environmental Protection Agency (EPA) was sued by Earthjustice for not implementing numeric nutrient criteria in Florida.
On December 8, 2011, the Florida Environmental Regulation Commission (ERC) passed FDEP's version of the NNC, including an amendment to provide that narrative criteria will continue to apply to ditches, canals and urban stormwater conveyance systems (concrete lined ditches), and an amendment to limit the ability of EPA to "pick and choose" which provisions of the Florida rules to accept or reject.
The FDEP rules are expected to easily pass a requirement for ratification by the Florida Legislature. After that, US EPA must still approve the new criteria.
City of Key West SWU Decision
Submitted by SESWA Staff
Florida's Third District Court of Appeal has ruled against the City of Key West and rejected its stormwater utility fee as applied to a community college. The court found that the community college received no benefit from the City's stormwater system or fee (a matter of disputed fact at the trial court level that should have been decided during the trial) and that there was not an implicit (nor explicit) waiver of sovereign immunity by the state concerning stormwater utility fees.
Key West will appeal the decision to the Florida Supreme Court. The Florida Stormwater Association had filed an amicus curiae ("Friend of the Court") brief in support of the City at the District Court level and will file a similar brief with the Florida Supreme Court. |
| Georgia | |
EPA Workshops: Integration of Stormwater and Wastewater CSO Strategies
Submitted by Julie Todd, City of Atlanta
EPA is holding a series of five workshops to solicit stakeholder input on the use of integrated municipal stormwater and wastewater plans to meet the water quality objectives of the Clean Water Act. The workshops are intended to assist EPA in developing an integrated planning approach framework that could be used to help municipalities prioritize their infrastructure investments in order to maximize water quality benefits and consider various innovative approaches, such as green infrastructure, that may be more sustainable.
The workshops will include a facilitated discussion with representatives of interested stakeholder groups, including those organizations that represent local government administrators, publicly owned treatment works, state National Pollutant Discharge Elimination System permitting authorities, and nonprofit environmental groups. Interested members of the public are invited to observe and offer verbal comments at designated times during the workshop or submit written comments to the Agency. The workshop will be held in Atlanta on January 31, 2012, from 10:00 AM to 3:00 PM at the EPA Region 4 Office, 61 Forsyth Street, SW. Please pre-register to attend the workshops.
For additional information and to register for the workshop, please visit EPA's Integrated Municipal Stormwater and Wastewater Plans website or contact Kevin Weiss, Office of Water, Office of Wastewater Management by phone at: 202-564-0742.
New Draft Flood Insurance Rate Maps Issued for Georgia
Submitted by Susan Rutherford, City of Atlanta
The Upper Chattahoochee River Basin Mapping Project will assess and re-map flood risks along a 107-mile stretch of the Chattahoochee River, an area encompassing seven counties in Metro Atlanta. The project is being conducted through a joint effort involving Georgia Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA), with participation by county and municipal governments.
DNR has issued draft Flood Insurance Rate Maps (dFIRMs), and the public comment period has begun. These draft maps will be available online for review. Affected property owners who disagree with their proposed designation will have the opportunity to appeal the re-designations. Final maps will be issued in Fall 2012.
Georgia DOT Issued MS4 Permit
Submitted by Laurie Hawks, Brown and Caldwell
The Georgia EPD finalized the new MS4 permit for Georgia Department of Transportation (GDOT) recently. The GDOT is required to have a MS4 permit to discharge stormwater as a "look alike" system under 40 CFR 122.26(b)(16). Most MS4 permits are issued to municipal urban areas. There are five other "look alike" permits issued in Georgia, which are all Department of Defense facilities.
The GDOT MS4 permit was issued 12/15/2011 and became effective 1/3/2012, and expires in five years. The permit is similar to MS4 permits issued to municipal governments and urban areas. The permit requires GDOT to devleop six minimum control measures to reduce stormwater pollution The six measures must be documented in a Stormwater Management Plan, submitted to and approved by Georgia EPD. An annual report is also required. The GDOT permit applies only to GDOT facilities within existing MS4 urban areas. Facilities included in the permit include: roadways, sand/salt yards, Welcome Centers/Rest Areas, detention ponds, bridges, and other areas that have potential pollutant runoff.
The six Minimum Control Measures include: Some public education and outreach, public involvement/participation, illicit discharge detection and elimination (including mapping all outfalls); construction site stormwater runoff control, post-construction stormwater management in new development and redevelopment, and pollution prevention/good housekeeping for DOT municipal type facilities. A feasibility study of low impact development/green infrastructure is also required.
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Kentucky | |
Focus on Public Education and Outreach
Submitted by Eric Larson, City of Georgetown
Kentucky Stormwater Association (KSA) has begun a campaign to train Stormwater coordinators on communications with public officials, the public, and the media, and implementing those skills to education them. At the January quarterly statewide meeting, Tad Long, with the Kentucky League of Cities, taught coordinators how to "Clarify with Clarity." His presentation, entitled "Lost in Translation," explained how the non-Stormwater audience perceives our needs much differently than we do and how the Stormwater coordinator must change the message to be effective.
In addition, the Board of Directors of the KSA have developed a "road show", directed at Public Officials, and are offering it to any MS4 that needs help delivering the message. Finally, the Kentucky Division of Water is building a MS4 website that will serve as a central point for educational information, MS4 programs, and FAQ for the citizens and public officials.
Partnering to Grow
Submitted by Eric Larson, City of Georgetown
The Kentucky Stormwater Association has developed an informal partnership with the Ohio Stormwater Association. On the onset, the two states intend to share resources and trade services, such as volunteering on present projects and serve on discussion panels at each other's annual conference. The vision is that the partnership will grow membership for both organizations through the addition of vendors and trade groups. |
| North Carolina | |
North Carolina Proposes to Fast Track Low Density Projects
Submitted by Jeff Corley, City of Concord
The North Carolina Division of Water Quality has released a new stormwater general permit for public comment. The permit, SWG060000 - Low Density Development, is designed to fast track the stormwater review and permitting process for low density development to allow for increased compliance inspections in the field. The process proposes the technical review audit of only 10% of the plans submitted. This fast track process will allow for a five day express review and a 30 day regular review period. The program is being modeled after the existing sewer fast track permitting program. Comments must be received by the Division before February 13, 2012. The final permit is expected March 1, 2012.
Mitigation Legislation UpdateSubmitted by Jacquelyn Corbin, CDM Smith
In North Carolina, Session Law 2009-337 has been amended with Session Law 2011-343, changing state mitigation requirements for "streams, wetlands, isolated wetlands and streams, buffers and nutrient loading." Any private or governmental developer seeking mitigation credits from the state are now required to first utilize credits from mitigation banks within the hydrologic unit in which the majority of development is to occur. If there are no mitigation banks within the Hydrologic unit then an In-Lieu Fee Program may be used or, lastly, Permittee-Responsible Mitigation.
For more information, including regulatory language and exceptions to the amendment, please see the North Carolina Ecosystem Enhancement Program webpage.
BMP Manual UpdatesSubmitted by Louise Slate, AMEC Environment & Infrastructure The Division of Water Quality (DWQ) is currently updating Chapter 18: Permeable Pavement of the North Carolina BMP Manual. These updates will allow permeable pavement to be used statewide with appropriate design modifications for lower permeability soils. In addition, the DWQ will update the design and regulatory credit for this device statewide to reflect the advancements that have been made in the field of permeable pavement. This update will be placed on public notice in May 2012 and workshops will be offered by North Carolina State University in cooperation with the Division of Water Quality during June and July 2012 to present the updated chapter to the design community and solicit feedback. The public notice memo and link to the existing chapter can be found on the DWQ website.
The DWQ is open to suggestions about the new chapter from the design community. To submit suggestions, please contact Boyd Devane or Annette Lucas. |
| South Carolina |
Phase II General Permit
Submitted by Brian Bates, Woolpert
South Carolina continues to be in a holding pattern when it comes to issuing a phase II MS4 general NPDES permit. The permit was drafted with the input of a focus group made up of representatives from permitted MS4s. However, it is based on the Permit Improvement Guide as directed by EPA. Since parts of the Improvement Guide are not supported by the 1999 Federal Register (for phase II permits), the State is waiting for the National Rulemaking to be released in hopes that it supports the current draft language.
Construction General Permits
Submitted by Brian Bates, Woolpert
As opposed to the Phase II MS4 permit, the SC Department of Health and Environmental Control (SCDHEC) has continued a steady schedule to draft and issue general permits related to construction activities. The Construction General Permit (CGP) for the State has gone through the public notice process and is being edited for issuance this spring. There is also a CGP for SCDOT construction activities that is in the final stages of drafting and is expected to be released for public comment in February. |
| Tennessee | |
MS4s Begin Green Infrastructure Planning Using the EPA Water Quality Scorecard
Submitted by Mary Halley, AMEC Environment & Infrastructure
All Tennessee small MS4s are currently reviewing their local codes and ordinances using the EPA Water Quality Scorecard. This review is a requirement of the State of Tennessee's small MS4 permit and must be completed by each small MS4 within one year of obtaining permit coverage. The use of the Scorecard will allow the jurisdiction to understand the hurdles to, and potential opportunities for, the implementation of green infrastructure practices that may currently exist in their local regulations, building codes and covenants. The requirement to complete the Scorecard is a precursor to the more significant permit condition to implement a runoff reduction performance standard using green infrastructure practices within 48 months of permit coverage. The performance standard requires every new development or redevelopment to have management measures that control the first 1-inch of rainfall through evapo-transpiration, harvest and reuse, or infiltration.
The EPA Water Quality Scorecard is gaining in popularity in the southeast United States as a preliminary community planning tool. It was recently highlighted by Julie Todd in SESWA's Webinar entitled Evaluating Barriers to Green Infrastructure. Click here for more information as well as a copy of the Scorecard.
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Spring Seminar | |
Stormwater Solutions for Your Jurisdiction
April 20, 2012 from 8:30 AM - 4:00 PM
Westin Atlanta Perimeter North
The Seminar will present a comprehensive overview of two of the primary methods to improve surface water quality and meet regulatory requirements in your jurisdiction - stormwater Best Management Practices and Low Impact Development. Fees include all course materials, morning coffee, lunch and an afternoon snack. Registration will be limited to avoid an overcrowded room so onsite registrations will only be accepted if seats are available! Register Today! |
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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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