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Greetings!

Just when I started to feel like I learned something in 2009, things begin changing again.  There are many of pending ordinances, regulations and laws being considered at federal, state and local levels that will effect the way we develop and manage land in the future.  Articles covering these changes are outlined below with useful links that you can use to follow the issues.  If you don't have time to follow the issues, don't worry, ENCAP will make every effort to keep you informed.
In This Issue
Clean Water Restoration Act
Green Infrastructure Act
MWRDGC Ordinance
Clean Water Restoration Act
ENCAP Green MachineThe Clean Water Restoration Act(CWRA) initially introduced in 2007 was reintroduced by the 111th congress last year to "clarify jurisdiction of the United States" and establish the CWA's application to U.S. waters, including interstate wetlands, tributaries, territorial seas, "intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds."   The bill is in reaction to two U.S. Supreme Court decisions, Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (531 U.S. 159, 2001) and Rapanos v. United States (547 U.S. 715, 2006). 

Many feel that the referenced supreme court rulings were victories for the land development community.  Others blame the rulings for permitting delays, increased costs, and more litigation.

Most people agree that it is important to protect water quality, the debate is over the level of bureaucracythat centers around this issue.  In a nut shell, the CWRA would return regulation over isolated wetlands and waters to the federal government.  It will be interesting to see how the act will effect county stromwater ordinances that have been passed to regulate isolated waters since 2001.

You can follow the status of the act at Source Watch.

You can download and review the act here.
Green Infrastructure Act

Green Infrastructure

Last year, the Illinois Legislature took a significant step toward statewide sustainable water policy by passing the Green Infrastructure for Clean Water Act, SB 1489. The bill directs the Illinois Environmental Protection Agency (IEPA) to consider standards that prioritize natural drainage approaches known as green infrastructure.  Click here for a map of the Chicago Wilderness Green Infrastructure Vision.

The development of Green Infrastructure Planning for Illinois is in response to several triggers - the focus of the American Recovery and Reinvestment Act of 2009 (ARRA) on green infrastructure including the availability of funds, Illinois stormwater programs and Public Act 096-0026.  The Illinois EPA has directed staff to develop a Green Infrastructure Planning project to include all of Illinois.  For this effort, the focus will be on stormwater management - particularly in urban areas. The Bureau of Water is partnering with the University of Illinois - Chicago (UIC), Illinois Department of Natural Resources (IDNR), The Center for Neighborhood Technology (CNT), Chicago Metropolitan Agency for Planning (CMAP), Indiana-Illinois Sea Grant, the Capital Development Board (CDB), and Department of Transportation (IDOT) to implement a green infrastructure planning process. 

Download the full text of the bill here.

Follow the progress of the planning process at the Center for Neighborhood Technology,

 



MWRDGC Ordinance
MWRD

The Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) has developed a new Stormwater Ordinance, supporting technical guidance document, and administrative rules for stormwater managment. This far-reaching ordinance will impact the entire county.

The comprehensive ordinance will include new standards on floodplains, water quality, wetlands and riparian standards.

                          A draft of the proposed Ordinance can be found at this link.

Next month we will cover some of the practical "on the ground" green infrastructure measures that some of our clients have implemented and that you can apply projects for the future.  Let's stay on top of the changes together and make 2010 a great year!

Sincerely,
 

Carl Peterson
ENCAP, Inc.
Upcoming Events
Winter Scene

January 28-30
Illinois Park and Recreation Association
Soaring to New Heights Conference
Stop by the ENCAP exhibit at the Hilton Chicago!

Click Here for Details

February 11-12
Wisconsin Wetlands Association
15th Annual WWA Wetland Science Conference
Eau Claire, WI.

Click Here to Register

February 18
Beyond The Basics: Green Infrastructure for Clean Water
The Conservation Foundation BMP Design Seminar
Signature Events
6440 Double Eagle Drive
Woodridge, IL


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February 16-20, 2010

IECA Annual Conference
Environmental Connection
The World's Largest Soil and Water Event

Hilton Anatole Hotel
Dallas, Texas, USA
Click Here for Details

 MARCH 3-5, 2010
 
2010 Annual Professional Improvement Conference
of the Wisconsin Association of Land Conservation Employees
 
Click Here for Details

MARCH 6, 2010

Yorkville
2nd annual Environmental Fair

Yorkville Rec. Center
202 E. Countryside Pkwy.
Yorkville IL, 60560

Email Cheryl Lee for More Information

cldesignbuild@aol.com

 
 

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