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New Stormwater Control Requirements
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January 2009
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Greetings!
In our continued efforts to share information that we hope will be helpful to our clients and colleagues, this latest alert from Douglas Herring & Associates (DHA) provides a brief update on the stormwater management requirements for new development, with links to more detailed information. As always, I hope you'll feel free to share useful information or insights of your own, or to contact us if you have a project requiring our expertise or help.
Sincerely,
Doug Herring, AICP
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 New Hydrograph Modification Requirements
We'd like to share with you an update to our previous white paper on Provision C.3 stormwater requirements emailed to DHA clients and colleagues. (You can obtain a copy of the original memo at: Stormwater Treatment.) In February 2003 the San Francisco Bay Regional Water Quality Control Board (RWQCB) added Provision C.3 to the National Pollutant Discharge Elimination System (NPDES) stormwater permits issued to the municipalities under its jurisdiction. The C.3 provisions required new developments to treat stormwater runoff prior to discharging it into municipal storm drains or downstream waterways. The requirements were phased in over a number of years, with the threshold triggering the onsite treatment requirements dropping to 10,000 square feet of new or replacement impervious surfaces on August 15, 2006.
With the RWQCB poised to reissue stormwater permits currently held by Alameda, Contra Costa, Santa Clara, and San Mateo counties--as well as the cities of Fairfield, Suisun City, and Vallejo--as a single regionwide permit, now seems like a good time to review the Hydrograph Modification Requirements that began applying to certain development applications deemed complete on or after October 12, 2006 (or later in some jurisdictions). Since this time, in addition to providing onsite treatment of stormwater runoff, many projects creating or replacing 1 acre or more of impervious surface area must also provide flow control features so that post-project runoff does not exceed the estimated pre-project rates and durations of runoff. Project sponsors have several options for complying with this requirement, depending on the nature of the project and the project location. For additional details, read the update memo at: Hydrograph Modification Requirements.
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 New Fish & Game Department CEQA Fees
Effective January 1, 2009, the California Department of Fish & Game (CDFG) has increased the fees it collects for reviewing Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs) prepared pursuant to the California Environmental Quality Act (CEQA). California Fish & Game Code Section 711.4 authorizes the agency to collect fees to defray the costs of managing and protecting California's vast fish and wildlife resources, including consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, and developing monitoring programs. Payment of the fees, which are not contingent on the amount of review warranted by a particular project, must be made at the time a Notice of Determination (NOD) is filed with the County Clerk.
FEE INCREASES
On January 1, 2009 the CDFG filing fee for NDs and MNDs will increase from $1,876.75 to $1,993.00. The fee for EIRs will increase from $2,606.75 to $2,768.25. The CDFG fee will be waived if a project will have no effect on fish and wildlife or if a project is statutorily or categorically exempt from CEQA. In addition to these fees, there is a $50 County Clerk Processing Fee applicable to all NOD filings.
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Who Is Douglas Herring & Associates?
Douglas Herring & Associates (DHA) works with public agencies, developers, and other businesses in California to expertly obtain the environmental and planning approvals needed to move projects from the conceptual stage to physical, benefit-generating reality in an efficient and cost-effective manner. Since 1997, DHA has helped dozens of California cities and counties and scores of other businesses and organizations save money while obtaining high-quality planning and environmental analysis services necessary to get their projects expeditiously approved and built. Learn more on our website: Douglas Herring & Associates.
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