SESWA ForeCast

March 2016                                                                                        Volume 11, Issue 2   
Thanks to Our Communications Sponsors!
                                   
In This Issue

SESWA Board of Directors

Executive Committee

President:

Jeff Corley, PE, CSM

City of Concord, NC

Vice President:
Buddy Smith, EPSC II
Hamilton County, TN

Secretary-Treasurer:
Hillary Repik
Town of Mount Pleasant, SC

Immediate Past President:
Steve Leo
Gwinnett County, GA

Board Representative:
Thomas Miller
City of Birmingham, AL




Board Members


Sam Amerson, PE
City of Stuart, FL

Tracey Barrow
Sumner County, TN

Sean Blake
Sanitation District #1, KY


Patrick Blandford, PE
HDR


Kenneth Carper, PE, CFM
Stantec Consulting Services

Hal Clarkson, PE, CFM
Woolpert

Joe Fersner, PE
Bowman Consulting Group

Ebenezer Gujjarlapudi
Mecklenburg County, NC

Kyle Hall
City of Charlotte, NC

Laurie Hawks
Brown and Caldwell


Scott Hofer
Jefferson County DOH, AL 

Robert Kjelland, PG, CHMM
University of Kentucky

David Mason, PE, DWRE
CDM Smith

Thomas Miller
City of Birmingham, AL
 

Jennifer Norton
City of Chattanooga, TN


Kevin Osbey
Clayton County Water Authority

Jacques Palmer
Columbia County, GA

Frank Pandullo
Charleston County, SC

Judy Wortkoetter, PE
Greenville County, SC

Jack Wright, PE
Warren County, KY

Executive Director
Kurt Spitzer
KSA/AMP 
President's Corner
Jeff Corley  
There are many people that work countless hours behind the scenes to keep SESWA moving forward. I want to take a moment to thank the staff, our board, our committee members, as well as all of you who have actively participated in the past. We are always working to increase the value of your membership. With that in mind, I would like to hear from you. I am interested in learning more about what you want as a member. Have an idea for a new service that SESWA could provide? Have an idea that might improve your annual conference experience? Let me know what's on your mind.

We again have some exciting events taking shape this year!  Hopefully, you are already registered for our Spring Seminar in Atlanta on April 15th. This single-day seminar offers an outstanding opportunity to learn from experts presenting a comprehensive overview of stormwater-specific Best Management Practices, Low Impact Development techniques and Green Infrastructure policies. We have a great day planned.

Also, please plan to attend the Southeast Regional Stormwater Conference in Birmingham, Alabama this October. Registration will open for this event in May. I have seen some of the papers submitted and I promise this will be another great event!

I want to sincerely thank you for partnering with SESWA! 
Association News
Regional Stormwater Seminar
It's not too late to register!  SESWA's Southeast Regional Stormwater Seminar will be held in Atlanta on April 15th.  It offers an outstanding opportunity to learn from experts and network with your peers throughout the southeast!  A comprehensive overview of stormwater-specific Best Management Practices, Low Impact Development techniques and Green Infrastructure policies will be presented by recognized experts.  The Seminar will guide stormwater professionals from both large and small jurisdictions on topics such as:
  • BMP & LID types, selection criteria, monitoring and pollutant removal calculations
  • Case Studies from both large and small jurisdictions
  • New Development v. Retrofitting considerations
  • NPDES and TMDL programs and how they affect BMPs/LID decision-making
Only a limited number of seats are still available, so REGISTER NOW!
Southeast Regional Stormwater Conference   
Make plans to attend the best-of-the-best in regional stormwater education in historic Birmingham, Alabama on October 19-21, 2016!  The 11th Annual Regional Stormwater Conference will focus on Stormwater Solutions in Region 4.  The Agenda has been developed by your peers throughout the southeast, you can learn about the latest technologies in an outstanding Exhibit Hall and take advantage of the best networking opportunities with stormwater professionals in the southeast!  Registration opens in May.  MARK YOUR CALENDARS for October 19-21, 2016! 
National/Regional News
WOTUS Rules Challenge
Kurt Spitzer, SESWA 
Several procedural developments have occurred in the challenge by SESWA and others to the rules of EPA and the ACOE revising the definitions of waters of the United States or "WOTUS."  On February 22nd a three-judge panel of the Sixth Circuit Court of Appeals (Ohio) ruled that they had jurisdiction over challenges to the WOTUS rules (i.e. that the district courts were not the proper venue for such challenges).  The Sixth's ruling was unusual in that it was actually three separate opinions.  In the 2 to 1 decision, one judge wrote the prevailing opinion and another wrote a dissent.  But the third judge wrote an opinion largely concluding that the Circuit Court did NOT have jurisdiction but felt compelled to follow what he believed to be a precedent setting decision of years ago.  As expected, numerous Petitions for a rehearing in front of the full Sixth Circuit Court have already been filed.  The full Court can overturn the decision of the three judge panel and send the matter to the district courts, which is where SESWA has always thought the matter should be litigated.  In fact, briefs had already been filed in the 1st District Court for North Florida (Tallahassee) on this matter. See SESWA's Advocacy Page for more information.
EPA Publishes Report on GI Lessons Learned
Steve Leo, Gwinnett County, GA

EPA has recently released a Report entitled "Tools, Strategies and Lessons Learned from EPA Green Infrastructure Technical Assistance Projects". The Report summarizes successes and lessons learned during the implementation of Technical Assistance Projects involving Green Infrastructure over the last four years. 
SESWA Comments on Proposed Rules for Small MS4s
Kurt Spitzer, SESWA
SESWA has submitted comments to EPA concerning the Agency's proposed revisions to regulations for small Phase 2 MS4 permits.  EPA had "noticed" three different options for potential revisions to the Phase II rules but only specifically detailed one option in the rule itself, thus making it impossible for stakeholders to definitively comment on the options because of a lack of specific language in the proposed rules.  SESWA did recommend that EPA approve an option that would afford the states and permitted entities the greatest degree of flexibility in implementing the MS4 program.  The draft revisions stem from lawsuits first brought against EPA by the Natural Resources Defense Council 13 years ago.  That suit argued that "general permits" used by most states for small Phase 2 MS4s allowed the MS4s to design stormwater pollution control programs without adequate regulatory and public oversight, thus violating the Clean Water Act because the process did not require EPA to review the content of the MS4's Notices of Intent to discharge.  EPA is required to sign a final rule for publication by November 17, 2016.  SESWA leadership and staff will continue to monitor the development of the proposed regulations. 
Urban Sustainability Studies Options
Jennifer Norton, City of Chattanooga, TN
The UREx (Urban Resiliency to Extremes) Sustainability Research Network is seeking infrastructure solutions for cities to be resilient to increasingly extreme floods, storms, droughts and heat waves.  Combining the expertise of multiple disciplines across multiple metros, this National Science Foundation supported project is exploring best options for infrastructure function and governance that is flexible and adaptable to climate change for collaborative and improved stormwater management, ecological services, and social and community function and wellbeing.  The project is starting with nine network cities in the US and Latin America that are home to over thirty five million residents. 
Technical Report - Protecting from Effects of Flow Alteration
Mark Wyzalek, Macon Water Authority, GA 
On March 1, 2016 EPA and the USGS published a Draft Technical Report: Protecting Aquatic Life From Effects of Hydrologic Alteration.  The Report is intended to provide information to help states, water resource managers and other stakeholders responsible for the maintenance of hydrologic flow regimes to quantify flow targets for the preservation of aquatic life and habitat and is a nonprescriptive framework that can be used to quantify targets for flow regime components that are protective of aquatic life and their habitats. Flow targets can help stakeholders prepare for changes in historic flow patterns that can result from climate change.  Comments concerning the Draft Report will be accepted through May 2, 2016.
BMPs, Green Infrastructure
Creative Green Infrastructure Financing
Laurie Hawks, Brown and Caldwell

The City of Roswell, Georgia has launched a creative financing of green infrastructure program to protect local impaired streams and provide an option for developers to purchase stormwater treatment credits. The City is currently installing a pervious paver demonstration area in a rapidly developing part of the City.  The pavers are being installed in the City owned road right-of-way.  The stormwater treatment detention and infiltration area created by the gravel reservoir is being made available to developers within the sub-basin for purchase. Funds from developers will be used to install additional green infrastructure practices thereby creating a self-funding program. For more information contact Danelle Murray, Senior Technical Analyst, City of Roswell or Laurie Hawks, Water Resources Leader, Brown and Caldwell.
Regulatory, Policy, Permits
Legislation to Restrict Stormwater Requirements
David Mason, CDM Smith

After 18 months of unsuccessful negotiations with state permit writers, the Tennessee Home Builders Association drafted legislation (HB 1892 and SB 1830) that would restrict the State of Tennessee from issuing Post Construction Stormwater Requirements through NPDES permits that exceed Federal minimum standards. The bill also includes language that would require local governments to justify in writing any attempts to pass local ordinances that exceed the Federal minimum standards. The Home Builders' effort is in response to the State's current NPDES requirement for on-site retention of the first 1" of rainfall. Despite opposition by TDEC staff, many local governments, environmental groups and the Tennessee Municipal League, the proposed bill has cleared both the Senate and House subcommittees and is likely to pass prior to the end of this legislative session.
Draft 303(d) Listing Released in North Carolina
Jeff Corley, City of Concord, NC

Every two years, states are required by Section 303(d) of the federal Clean Water Act to list those streams, rivers and other bodies of water that do not meet water quality standards and require development of a Total Maximum Daily Load (TMDL).  The North Carolina Division of Environmental Quality has recently released the draft 303(d) listings and updates for 2016.  Public comment was accepted through March 29, 2016. 
TDEC Issues NPDES Phase II MS4 Permit
Dave Mason, CDM Smith

On February 25th, TDEC placed the NPDES Phase II MS4 General Permit renewal on public notice. A statewide public hearing will be held on April 27th and the comment period will close on or around May 10th. The revised permit includes significant modifications to the Post Construction Stormwater requirements, increased monitoring requirements and enhanced stream buffer requirements.

South Carolina DHEC Releases Updates
Hillary Repik, Town of Mount Pleasant, SC & Joe Fersner, Bowman Consulting

The South Carolina Department of Health and Environmental Control (SCDHEC) has provided several permitting updates for local governments.  The compliance division has developed a voluntary reporting form for South Carolina small MS4s (SMS4s) to utilize when completing their program reports.  Most of the state's SMS4s will be submitting this first report on compliance activities under the 2014 NPDES SMS4 General Permit on April 1, 2016.  South Carolina's General Permit requires reports to be submitted in year 2 and again as a part of the re-notification to continue coverage under future permits.  In addition, SCDHEC has completed audits of all previously permitted SMS4s and is scheduling to begin the audit cycle again. Their goal for 2016 is to complete approximately 14 audits this year.  The agency will utilize the template as a guide for their audit process.  The form does not require submittal of supporting documentation; this is to be maintained by the SMS4s for evaluation during the on-site (2-3 day) audit process.  For industrial permitting, the SC Multi Sector General Permit for Industrial Activities expired on January 1, 2016.  While the permit continues to be in effect, SCDHEC is in the process of revising permit language for EPA to review prior to public notice.
Stormwater Rules Review
Daryl Hammock, City of Charlotte, NC

The North Carolina Department of Environmental Quality is currently updating its stormwater management rules, pursuant to a 2013 rules change that requires periodic reviews. The public comment period ends on April 18, 2016.  Public comment meetings have been held in March and cities are currently evaluating the proposed changes.  The rule changes are said to improve consistency between programs while reducing repetition, incorporate updated technology and design standards, and codify long-standing permitting program requirements.
Resolution Urging Withdrawal of WOTUS Rule
Steve Leo, Gwinnett County, GA

On March 16, the Georgia House of Representatives passed HR 1343 (149 Yea to 21 Nay) which encouraged "the USEPA to immediately withdraw the proposed Water of the United States Clean Water Plan rule." The resolution also confirms the GA House's support of the Joint Resolution of Congress, passed January 4, 2016 which disapproved the rule, and further calls on "Congress and the President to enact legislation to prohibit the Clean Water Plan rule from taking effect unless and until any and all legal challenges to the Clean Water Plan rule have been fully resolved and no appeals remain."
Florida Phase I and Phase II MS4 Permit Changes
Steven Peene, Applied Technology and Management
The Florida Department of Environmental Protection (FDEP) is presently working on updates to their Phase I and Phase II NPDES MS4 permits.  For the Phase I permits, the updates are part of the Cycle 4 renewals.  Recent drafts under Cycle 4 have identified a desire by FDEP to strengthen the assessment of Stormwater Management Plan (SWMP) effectiveness, with specific emphasis on showing measureable improvements through ambient or outfall water quality monitoring.  While demonstration of SWMP effectiveness has always been part of the permits, language has been modified to strengthen the tie between effectiveness and monitoring.  For the Phase II permit, FDEP is looking to make changes to their statewide generic permit and have been working toward developing a revised rule.  Additional changes have been hinted at by FDEP including additional strengthening of the TMDL language and other aspects to more closely align Phase II requirements with those presently under the Phase I permits.  FDEP is also monitoring the proposed Phase II Remand Rule recently issued by EPA and presently supports the option that would allow FDEP to continue their use of the NOI as the primary repository for permit requirements.
Georgia Stormwater Management Manual (GSMM)
Steve Leo, Gwinnett County, GA

Following more than a year of working with consultants, the Metro North Georgia Water Planning District, Atlanta Regional Commission, EPA, local government representatives and various other stakeholders, the Georgia Environmental Protection Division (EPD) has reissued a new Georgia Stormwater Management Manual (Blue Book). One of the most significant changes to the manual was the addition of Green Infrastructure design and implementation guidance. Being a guidance document, the manual does not mandate the use of Green Infrastructure but rather provides a pathway to incentivize its use. Traditional treatment is retained as an option. EPD is requiring that design standards (Chapter 4; Vol 2) be adopted by MS4 permittees by January 2, 2017. Initial training is being offered on April 22, 2016 or May 13, 2016 from 9:00am to 12 noon at Atlanta Regional Commission offices in downtown Atlanta. Cost is $10 with online registration available.
NACWA Corner
Stormwater Management on Capitol Hill: Transportation Bill and WRDA
As municipalities face increasingly complex stormwater management issues it's imperative that advocates pursue all legislative avenues to advance the profile of urban wet weather management.  A few recent examples of this include the comprehensive transportation package passed by Congress which included language that supports additional consideration for reducing and mitigating the impacts of stormwater runoff from surface transportation projects. The language added to sections 134 and 135 of the existing transportation statute does not create any new regulatory requirements but instead encourages transportation officials to explore opportunities to increase the resiliency of transportation systems while also minimizing impacts from runoff when engaging in transportation planning.

NACWA is also promoting a legislative proposal that would incorporate stormwater considerations into the upcoming Water Resources Development Act (WRDA). NACWA is urging support for the proposal so that local communities struggling with diminishing water supplies or degradation of surface water quality can work with the ACOE to ensure that flood control projects are integrated with local efforts to address these broader water resource challenges.   

Don't see news from your state?  Please contact us with your news or share your comments on our newsletter by emailing us at [email protected].

 

 

 

Southeast Stormwater Association

www.SESWA.org

(866) FOR-SESWA (367-7379)