Regulatory Update - STORMWATER
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Regulatory Update - STORMWATER

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Regulatory Update - STORMWATER Presentation Transcript

  • 1.
    • April 9, 2009
    REGULATORY UPDATES & INITIATIVES Stormwater Management William Taylor, Esq.
  • 2. Why is Stormwater Management So Important?
    • Other Point Source Discharges Have Been Subject to Permitting and Control
    • Causes Non Attainment of WQS
      • Urban Impaired Streams
      • CSO’s – Cost of Treatment and Separation
      • Flooding and Erosion
      • Agricultural Runoff
  • 3. The Trouble with Imperviousness
  • 4. Non Attainment Issues
    • If Non Attainment – State Must List
    • Segment and Develop TMDL
      • EPA Must Approve TMDL
      • Must Implement Plan to Correct Problem
  • 5. Non Attainment Issues
      • TMDL’s – Legal Question? Can An Agency Permit New Point and Non Point Source Discharges to Non Attainment Waters?
      • Can Retrofitting of Existing Development Be Required
  • 6. Stormwater Permitting Authority
    • Federal Permitting Authority
      • Point Source Discharge to Waters of the United States
    • State/Local Permitting Authority
      • May Include Non Point or Indirect Discharges
      • Discharges to Surface and Groundwater
  • 7. Types of Stormwater Permits
    • Individual Permits – Large NPDES/SPDES Regulated Facilities
    • Multi-sector Permits
      • Industrial Facilities
      • Municipalities – Separate Storm Sewers
      • Other Discharges Which May Be Causing Violations of WQS
      • 33 U.S.C. § 1342(p)
    • Construction General Permits
    • Other State and Local Stormwater Laws
  • 8. Types of Stormwater Permits
    • Individual Permits – Large NPDES/SPDES Regulated Facilities
    • Multi-sector Permits
      • Industrial Facilities
      • Municipalities – Separate Storm Sewers
      • Other Discharges Which May Be Causing Violations of WQS
    • Construction General Permits
    • Other State and Local Stormwater Laws
  • 9. Residual Designation Authority
    • Under the Clean Water Act, EPA must exercise permitting authority if an unpermitted stormwater point source is contributing to water quality nonattainment.
    • 33 U.S.C. § 1342(p)(2)(E)
    • In delegated states, EPA must act if the state if not permitting the sources.
  • 10. Petition for RDA
    • Any person may petition the Director to require a NPDES permit for a stormwater discharge which contributes to a violation of a water quality standard.
    • There may be a de minimis pollutant level which would not require a permit.
    • 40 CFR 122.26(F)(2)
  • 11. Status of RDA Petitions
    • Charles River – Preliminary Determination was Issued by EPA on December 28, 2008
    • Long Creek, Maine – Preliminary Determination Issued by EPS on December 31, 2008
    • Burlington, VT –Appeal court requires state to implement permitting program on five Burlington Bay tributaries
    • Rhode Island – Petition to Regulate a Subdivision’s Discharge to Groundwater – Public Hearings Scheduled
  • 12. Massachusetts Proposed Stormwater General Permit 1) Water Quality : ~75% of Massachusetts’ assessed waters are impaired. 2) Water Quantity : ~50% of Massachusetts’ assessed rivers/streams don’t have enough water during the summer.
  • 13. In or Out?
    • Thresholds
      • Statewide: > 5 acres impervious area
      • • Definition of “Regulated Impervious Area”
    • In TMDL Areas: > 2 Acres
      • If part in, all in.
    • Aggregate Properties if Managed
    • Together
  • 14. If You’re In…How Do Comply With The SWGP?
    • All: Baseline performance Standards (aka Good Housekeeping)
    • New Developments and Redevelopments: install LID techniques and stormwater BMPs
    • In TMDL areas: also meet pollution reduction requirements
    • Annual Compliance Certification
  • 15. Stormwater Utility Districts
    • Recover Costs of Handling SW
      • CSO’s
      • Infrastructure Repair/Replacement
      • Sewer Separation
    • Applies to All Dischargers
      • Not a Tax – Service Fee
      • Set Fee by Impervious Area
      • Different Fees for Residential/Commercial and Industrial