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Stormwater Regulatory Update
SuAsCo March 2010
Regulatory Background
Federal RegulationsState RegulationsLocal BylawsStill to come . . . Residual Designation Authority National changes in 2012
Stormwater Expectations
Why isn’t stormwater control more of a “real” program?
Why isn’t there just one stormwater program with one set of rules?
“Newtonian” Stormwater
“Precipitation Management”: Controlled from when it hits any terrestrially-related object to ultimate depositionClassic regulation - separate state, federal and local laws and active staffing at all levelsStems from our “Point Source” Model Small number of big pipes Each source regulated through a single permit Environmental staff works at “the source” State and Federal staffing level geared toward
regulating 100s of sources
“Chaos Theory” of Stormwater
Stormwater Programs appear to control intermittently and haphazardly Can’t tell when programs apply and when they don’t Example: “the permit allows me 5 years until I have to do anything”Product of Frustration Tens of thousands of sources
“Einsteinian” Stormwater
Not that we’re so smart . . . . . . it depends on what the activity is and where it occurs.It is what it is: different programs that need to be coordinated MS4s – in “thickly settled” areas MSGPs – specific industrial uses Inside wetlands jurisdictional areas Construction sites > 1 acre In Towns with Local bylaws
Regulatory Background
Federal RegulationsState RegulationsLocal BylawsStill to come . . . Residual Designation Authority National changes in 2012
Key Stormwater Programs –Federal
Federal Regulations Multi Sector General Permit (MSGP) Construction General Permit MS4 permit
Municipal Separate Storm Sewer System All the above require filing of Notices
of Intent (NOIs) for permit to discharge Also Individual Permits
How To Search for Fed’l NOIs
Start at EPA’s web site: www.epa.govSearch for “stormwater”My 4th result was “stormwater program”At that site scroll down to and click on “search, sort and view . . . NOIs” ORhttp://cfpub.epa.gov/npdes/stormwater/noi/noisearch.cfm
Key Stormwater Programs - State
Co-permittee with some EPA permits MS4
State Clean Water Act appliesWetlands Stormwater Standards Adopted as part of Wetlands regulations Referred to in other permits, e.g. MSGP May be used in future permits and bylaws
2008 Update to the MassDEP Stormwater Handbook
Increased rechargeMore protection at redevelopmentsClearer rules about O&MUpgraded BMP informationRevised technical calculations
Where Is the Massachusetts Stormwater Handbook?
Go to www.mass.gov/dep/In “Quick Links” on the left, highlight “Stormwater” and click “Go”Click on “Stormwater Permitting as it Pertains to the Wetlands Protection Act” Click on “Web Page” of “The Massachusetts Stormwater Handbook”
MA Stormwater Handbook
Volume 1, Chapter 1: The Stormwater Management StandardsVolume 1, Chapter 2: Legal Framework for Stormwater ManagementVolume 2, Chapter 1: The Three Components of Stormwater ManagementVolume 2, Chapter 2: Stormwater Best Management Practices (BMPs)Volume 2, Chapter 3: Checklist for Redevelopment ProjectsVolume 2, Chapter 4: Proprietary Stormwater BMPsVolume 2, Chapter 5: Miscellaneous Stormwater TopicsVolume 2 Appendix: Operating and Source Control BMPsVolume 3, Chapter 1: Documenting Compliance Stormwater Report: ChecklistTSS Removal Calculation Worksheet
Key Stormwater Actions – Local
Conservation Commissions apply State Wetlands Act locally Includes Stormwater Standards
MS4 permit requires “locally enforceable mechanisms” For construction, “post-construction” and
IDDE
Local Initiatives Subdivision and land use rules Stormwater rules
Common and Coming Themes
TMDLs Specific pollutant - Phosphorus,
Bacteria, etc. Impervious Cover
Residual Designation Authority Federal requirement for EPA to act
upon a non-point source
Local Green/Sustainability Initiatives
Distribution of Annual Phosphorus Load to the Charles River by Source Category (1998-2002)
WWTF17%
Open Land1%
Forest10%
Medium Density Residential
13%
Agriculture3%
Low Density Residential
1%
High Density Residential
26%
Industrial14%
Commercial9%
CSO6% Commercial
Industrial
High Density Residential
Medium Density Residential
Low Density Residential
Agriculture
Forest
Open Land
WWTF
CSO
Common and Coming Themes
Keep it On Site Impervious Surface 1” rules?
From stormwater piping to distributed systems Site Design Pollution Prevention Low Impact Development
Funding: Stormwater Utilities?
Massachusetts Sensitive Areas
Stressed Basins ~40% of state basins with lowest flows in MA
Impaired Waters ~ 75% of assessed lakes impaired ~ 70% of assessed rivers impaired in all 27 Massachusetts watersheds
WetlandsWater Supply areas
Massachusetts Sensitive Areas
Is This . . .
Stormwater rules do not ensure that all water resources will be protected from the quantity and quality impacts of stormwater pollution
But they help - significantly.
. . . the way . . .
Additional work needs to occur through other programs as well
Each of these individual programs slows down degradation of waters and allows more time for other necessary mechanisms to be put in place that are also needed
. . . Life should be?
Prevention of stormwater pollution is a collaborative effort at the federal, state, and local levels
It will take time
It depends upon a combination of both regulatory and voluntary measures
MassDEP Stormwater InfoMassDEP web site with Stormwater Information @ www.mass.gov/dep/
Scroll down to MassDEP Quick Links
Select “Stormwater” and hit “Go”