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Stormwater and Wetland Issues in Maryland


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Stormwater and Wetland Issues in Maryland

  1. 1. Presentation for: Lorman Educational Services Current Issues in Storm Water Regulation Presented in Baltimore, MD October 11, 2011Andrew T. Der | Associate & Director of Environmental ServicesWhitman, Requardt & Associates, LLP801 South Caroline StreetBaltimore, MD 21231443.224.1824,
  2. 2. Stormwater Effects onWater Quality and the Environment
  3. 3. Why Are We Here?
  4. 4. What Happens Runoff from 1” Rain Event
  5. 5. Four Categories of Effects • Hydrology • Geomorphology • Habitat • Water Quality
  6. 6. Hydrology• Increase in flow and velocities• Increase in flooding• Increase in frequency• Increase in bankfull flows
  7. 7. Geomorphology• Stream Widening• Channel Instability• Erosion
  8. 8. Habitat• Fish Barriers• Loss of Substrate• Loss of Riparian Zone• Loss of Micro-topography
  9. 9. Water Quality• Sediments Channel erosion can be the primary sediment source!• Nutrients Maintained vegetated areas• Temperature Warm pavements and pond pools• Other Oils, Greases, heavy metals, toxics
  10. 10. Water Quality
  11. 11. Instability
  12. 12. Instability
  13. 13. Regulations andPermitting Overview
  14. 14. What is a Stream? • Waters of the U. S. • Definition includes tidal navigable water, nontidal navigable water and adjacent headwaters and wetlands adjacent to such waters – but how far up does it go? • Determines extent of Sec 401 (Water Quality Certification), 402 (NPDES) and 404 (Dredge and Fill) components of the Clean Water Act.
  15. 15. What is an impact?• Impacts are discharges or grading• Discharges can be out of a pipe or placement of material (CWA Sec 402 & 404)• Discharges can be permitted• Individual Permits or General Permits
  16. 16. Types of Permitting Relatedto Stormwater• NPDES Phase I and II – federal CWA criteria (U. S. EPA delegated to 45 States by GP) – regulates new construction AND existing older stormwater sources – passes through localities – only means for retrofit nationally• New DoD and federal facility SWM mandates• State/local Stormwater Management Regulations – new construction• State/local Erosion and Sediment Control Regulations – new constructions• Other (Wetlands, Flood Plain, etc.)• Both Individual & General NPDES permitting - Most construction under GP
  17. 17. NPDES Phase I &IIPermitting • 1972 amendments to the Federal Water Pollution Control Act (Clean Water Act) prohibit the discharge of any pollutant to waters of the United States from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. • Past efforts to address stormwater discharges under the NPDES program have generally been limited to certain industrial categories
  18. 18. Background• Stormwater out of a pipe was not necessarily a point source discharge• National Urban Runoff Program (NURP) – first meaningful stormwater study showed stormwater impacts• In response to water quality concerns, in 1987, the EPA was required to issue regulations addressing stormwater discharges under the NPDES program
  19. 19. Phase I• NPDES established first regulations in 1990 for permit requirements for: 1) existing “medium” and “large” municipal separate storm sewer systems (MS4) – individual permits by State to locality with conditions 2) new construction activity disturbing 5 acres of land or greater – general permits 3) certain industrial activities• Many continue to operate under Phase I
  20. 20. MDE Phase I Permit Conditions• ID legal authority and data sources• Assess existing programs• Watershed Management and Restoration (often needs its own construction controls and 404 and state wetland permit!)• Utilize current collected best management practice (BMP) data to modify and improve programs• Fiscal Analysis
  21. 21. Phase II • In 1999, new rule automatically covers on a nationwide basis all existing small MS4s located in urbanized areas and new construction activities of 1 acre or more – general permits • Most localities already complying • Can authorize industries or facilities • Have more flexible permitting options GP including the NOI process Utilizing existing programs in place Combine with other Phase II Combine with a Phase I
  22. 22. Six Requirements ofPhase II• Personnel education/outreach• Public involvement/participation• Illicit discharge detection elimination• Construction site stormwater runoff control (E/S)• Post construction stormwater management• Pollution prevention/good housekeeping
  23. 23. Phase II Can be Subjective• Monitoring, public outreach and BMPs can be flexible as long as: – Reduces pollutants to the maximum extent practical – Protects water quality – Satisfies CWA – Many existing SWM programs are satisfactory – Renewed with potential for changes = Montgomery County & Washington DC
  24. 24. How Does NPDES AffectConstruction Activities?• Compliance with NPDES Stormwater permits is primarily through BMP implementation• E/S and SWM plans are not the same as NPDES compliance – but can usually serve as compliance with NPDES Phase II requirements• However, a good E/S and SWM plan alone does not necessarily assure compliance with all NPDES criteria
  25. 25. How Does NPDES AffectConstruction Activities?To comply with NPDES Maryland General Permit (GP) requirements,Submit Notice of Intent to MDE if 1 acre or more of disturbanceNew GP criteria• Permittees no longer can start work at moment of NOI submission• MDE needs notice that SWM and E/S plan approved• New submission forms
  26. 26. How Does NPDES AffectConstruction Activities?New GP criteria - continued• Individual discharge permits for construction disturbing 150 acres or more – GP lost• Individual permits required for construction disturbing between 30 and 150 acres that discharge to waters impaired by pollutants if MDE receives a timely objection to NOI that credibly supports technical standards included under the GP are not sufficient to ensure the protection of water quality standards• Identify whether the receiving waters are listed on the 303(d) list as impaired for sediment• MDE posts project for 45-day public notice for sites 3 acres or more disturbed area or a 30-day period for sites with 1 to less than 3 acres disturbed area
  27. 27. How Does NPDES AffectConstruction Activities?New GP criteria - continued• MDE will not approve coverage under GP until PN ends and applicant notifies that E/S plan approved – work can’t begin until SWM plan approved• PN process may result in IP• Include written explanation how ESD and sensitive construction techniques used for waters with an established Total Maximum Daily Load (TMDL)• If significant sediment discharge occurs, required to inspect, evaluate and repair or install all site controls - if second event occurs, required to have engineer evaluate if E/S plan needs additional on-site practices or modifications
  28. 28. How Does NPDES AffectConstruction Activities?New GP criteria - continued• Permittee must select, install, implement and maintain control measures at site that minimize pollutants in the discharge as necessary to meet applicable water quality standard• If MDE determines discharges may cause “an excursion” above any applicable water quality standard, required to modify controls to indicate receiving water is attaining water quality standards• Conduct weekly inspections and the next day (changed from next business day last year) after a rainfall event resulting in runoff• Must implement measures to ensure discharges from the site meets requirements of TMDL• Potential for flocculent or turbidity controls?
  29. 29. How Does NPDES AffectConstruction Activities?• 1 to 3 acres of disturbance = submit for coverage with minimum 30-day public comment and local E/S coordination• 3 to 5 acres of disturbance = submit for coverage with minimum 45-day public comment and local E/S coordination• 5 to 10 acres of disturbance = as above but potential requirement for passive chemical treatment• 10 to 20 acres of disturbance = as above but potential for active chemical treatment – was to comply with 280 NTU turbidity• 20 to 150 acres of disturbance = as above but as of Aug 2011, was to comply with 280 NTU turbidity• Over 150 acres of disturbance = does not qualify for NPDES GP and an individual permit is required not unlike an industrial discharge permit in terms of processing
  30. 30. How Does NPDES AffectConstruction Activities?• Compliance is reflected in a Stormwater Pollution Prevention Plan (SWPPP) – what is it and when is one required? - Includes E/S and SWM plans (structural) but, also includes ESD and nonstructural: other pollutant management considerations (spillage, storage, litter), monitoring records and TMDL ID - In MD, not typically required under general permit• Potential vs. Actual Discharges – treated the same?!
  31. 31. State & Local SWMConcurrently along with new NPDES compliance, need to comply with following regulations• State Erosion and Sediment Control Law Currently being revised from 1994 to be more contemporary and compatible with below > 5,000 s.f. disturbance• State Stormwater Management Law Incorporates SWM Manual by reference - Revised by 2007 Maryland Stormwater Management Act – Effective May 2009 Formalizes “LID-like” or Environmental Site Design to “Maximum Extent Practicable” - MEP is met if channel stability and predevelopment groundwater recharge rates are maintained and nonpoint source pollution is minimized…. structural stormwater practices may be used only if determined to be absolutely necessary
  32. 32. State & Local SWM• State Stormwater Management Law - continued Applies via approved local ordinance to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010 Primary MEP standard is to use ESD to reduce post development runoff to levels found in natural, forested conditions – need to treat 1 to 2.6 in rainfall depending on site and design conditions > 5,000 s.f. disturbance
  33. 33. Waters Disturbance Triggers- indirect• Both MDE permit processes incorporate CWA Section 401 Water Quality Certification Requirements required when 404 Corps permit required - Numeric and Narrative Water Quality Standards are basis for sensitive waters requirements• Numeric - DO, Temp, pH, Turbidity, fecal coliform, toxics• Narrative – basis of more stringent controls - Protection of aquatic life...fishable…swimmable… Includes EPA Anti-degradation policy: “…To accomplish the objective of maintaining existing water quality…Nonpoint sources shall achieve all cost effective and reasonable best management practices for nonpoint source control…”
  34. 34. Waters Disturbance Triggers– less common• CWA Section 404 dredge and fill permit - U. S. Army Corps of Engineers – Waters of the U. S. including wetlands (MDE joint process if < 1 acre) up to ephemeral• Nontidal Wetland and Waterways Permit - MDE – State waters up to intermittent including wetlands and 100-year flood plain - Has special NTW E/S BMP Conditions• Tidal Wetlands License/Permit - MDE – State waters including wetlands
  35. 35. Other Criteria• Coastal Zone Management Act• Chesapeake Bay Critical Area Law Administered through local zoning and subdivision ordinances for overlay 1,000 feet from shoreline 100-foot Buffer is the most restricted 10% SWM rule in Intensely Developed Areas• State Forest Conservation Law Delegated to localities Requires NRI or FSD which could be first SWM concept under new regulations Silt fences frequently double as tree save fence
  36. 36. Even More New Water QualityInitiatives in Progress!• President’s Executive Order Federal agencies provide more proactive strategies on meeting Chesapeake Bay Program goals including “new rules”, coordination, compliance• US Senate Bill Chesapeake Ecosystem Restoration Act to re-authorize Chesapeake Bay Program to restore Bay by 2020 No net increase in N & P Increased funding and more State implementation Makes presidential Order binding into future
  37. 37. Even More New Water QualityInitiatives in Progress!• Chesapeake Bay TMDL for N & P Largest most complex TMDL in the country, covering the 64,000 s. m. watershed in six states & DC = Watershed Implementation Plans (WIP) in progress now• EPA Effluent Limitation Guidelines – federal minimum BMP controls for NPDES construction stormwater discharges – originally by Dec 2009 Now on hold – potential provisions for additional buffers, filtration, turbidity monitoring at “action levels”
  38. 38. Issues under deliberation• What should be most sound priorities of focus? From CBF, percent nutrient contribution – some variations in data but current is: – 39% agriculture – 20% point source – 20% atmospheric deposition – 10% Urban/suburban stormwater Pre-SWM urbanized areas is focus of MS4 NPDES and only mechanism – 4% septic – 1% natural• ESD (and LID) versus Smart Growth versus impervious surface criteria? EPA• TMDL models challenged by PA Farming & NAHB
  39. 39. Construction Compliance• Usually oriented to E/S compliance• Locality inspects for E/S, FC and Critical Area• MDE (and occasionally EPA) inspect for NPDES, E/S and Wetland and Waterways Permit (and mining compliance)• Corps inspects for Wetland and Waterways Permit
  40. 40. Newer ComplianceRequirements• Usually oriented to post-construction assessment• Third party quality control construction monitoring• Specific SWM device maintenance conditions• Post-construction BMP performance can be required
  41. 41. Post-Construction BMP and Water Quality MonitoringUsed also for MS4 ComplianceCan be MDE requirementPreconstruction, construction and post-constructionMacroinvertebrate Studies(from WWTP & mining)ChemistryGeomorphologyGroundwater
  42. 42. For Construction Activities -Remember!• Have most current approved plans on site during construction• Diligence over perfection – develop a good relationship with regulatory agencies• Any E/S modifications made after permitting may potentially have other regulated impacts.• Any temporary material storage, staging or heavy equipment in or near flood plain, streams, wetlands, buffers, forest, specimen tree may potentially be a regulated impact• Document all E/S plan changes, rectification measures and spill control measures in log book
  43. 43. Types of Designs forStorm Water Control
  44. 44. What is a Best ManagementPractice (BMP)?Best Management Practices (BMPs) are policies, practices,procedures, or structures implemented to mitigate the adverseenvironmental effects on surface water quality resulting fromdevelopment. BMPs are categorized as structural or non- structural.• Early Planning• Low Impact Development “LID-like” or Better Site Design or Environmental Site Design• Local stream buffers and setbacks• Minimize or disconnect impervious surfaces sheet flow, open section pavement• Devices Most significant factor affecting performance is construction and maintenance
  45. 45. Erosion and Sediment Controlvs. Stormwater Management• E/S Construction Phase Sediments are primary criteria Can be temporary or “permanent”• SWM Post-construction Manages various pollutants Permanent
  46. 46. Common E/S Practices• Silt Fence• Vegetative Stabilization• Stone lined conveyance• Temporary Sediment Basin/Trap• Temporary Use of Permanent Pond or other facility
  47. 47. Common E/S Practices
  48. 48. Common E/S Practices
  49. 49. Surface Stabilization
  50. 50. Sensitive Resources
  51. 51. Newer Technologies
  52. 52. Common Compliance Issues
  53. 53. Common Compliance IssuesSimilar for E/S & SWM Construction Maintenance
  54. 54. Common SWM Practices• Better/Environmental Site Design• Sheet flow management – prior to and after conveyance• Open section surfaces• Engineered practices
  55. 55. Common ESD Practices perRegulationsPreserving and protecting natural resourcesConserving natural drainage patternsMinimizing impervious areaReducing runoff volumeUsing ESD practices to maintain 100 percent of theAnnual predevelopment groundwater recharge volumeUsing green roofs, permeable pavement, reinforced turf,And other alternative surfacesLimiting soil disturbance, mass grading, and compactionClustering developmentAny practices approved by the Administration.
  56. 56. ESD Planning Techniquesand Practices• Disconnection of rooftop •Infiltration berms runoff •Dry wells• Disconnection of non- rooftop runoff •Micro-bioretention• Sheetflow to conservation •Rain gardens areas •Swales• Rainwater harvesting •Enhanced filters• Submerged gravel wetlands• Landscape infiltration
  57. 57. The Best BMP - Work with Forestand Wetland Conservation
  58. 58. Work with Site CharacterBefore Devices
  59. 59. When Using Engineered PracticesSmaller Volumes Larger VolumesMost compatible with ESD When preferred isgoals of 2007 SWM Act – InsufficientAt Source & Pretreatment Central LocationsQuality Control Only For Quantity and Quality Control• Infiltration – trench/basin • Stormwater Ponds – wet pond• Filtering – wet ED pond – sand filter/bioretention – dry ED pond (for cold water w/ pre-treatment• Hydrodynamic Devices – multiple pond system• “New” Technology • Stormwater Wetlands – pervious surfaces/green – shallow marsh roofs – ED shallow wetland – pond/wetland system
  60. 60. Bioretention & Infiltration
  61. 61. Bioretention & Infiltration
  62. 62. Landscaped Bioretention Facility
  63. 63. Hydrodynamic Devices
  64. 64. Get Creative
  65. 65. Pond and Wetlands
  66. 66. Pond and Wetlands
  67. 67. Transition Habitat
  68. 68. Transition Habitat
  69. 69. SWM & Amenity Not Incompatible
  70. 70. Detention or Dry Pond
  71. 71. Enhance & Plant Dry Ponds Also
  72. 72. Stream Stabilization as a BMP • Can be effective watershed sediment control practice • Can be local approval requirement • Can be a traded credit • Can be out-of-kind wetland mitigation
  73. 73. “Newer” Technologies
  74. 74. ResourcesFor:• NPDES MS4 and Notice of Intent (NOI) Compliance• Stormwater Management Act & Regulations• Maryland Stormwater Design Manual• Erosion and Sediment Control Regulations• Waterways and WetlandsGo to MDE: US EPA related information:Regulations Menu of Stormwater Best Management Practices BMP Performance Tool Urban BMP Performance Tool Discharges From Construction Activities if, “Google it” – web pages changing rapidlyOr Contact me : Andrew T. Der 443 224 1824