wastewater/ stormwater discharge regulations …july 2013 louisville & jefferson county msd 700 west...

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Frequently Asked Questions Wastewater/ Stormwater Discharge Regulations

Amendments July 2013

Louisville & Jefferson County MSD 700 West Liberty Street | Louisville, KY 40203 msdlouky.org

This FAQ is organized into the following categories: Page

• GENERAL 2 • APPLICABILITY 5 • DESIGN 7 • OPERATION & MAINTENANCE AGGREEMENTS 11 • FINANCIAL 13 • ENFORCEMENT 14

* Indicates items that speak to stormwater related comments received

through the July 2013 special public comment period. Other comments not related to stormwater quality such as sanitary sewers or specific private development construction projects are not included.

Key Terms

• BMP – Best Management Practice

• EPA – Environmental Protection Agency

• GMP – Green Management Practices (aka Green Infrastructure)

• KPDES - Kentucky Pollution Discharge Elimination Permit

• KDOW – Kentucky

Division of Water

• LDC – Land Development Code

• MS4 – Municipal Separate

Storm Sewer System

• QPCI – Qualified Post-Construction Inspector

• WDR – Wastewater/ Stormwater Discharge Regulations



Louisville & Jefferson County MSD 700 West Liberty Street | Louisville, KY 40203 msdlouky.org Page 2

GENERAL What are the new regulations? MSD updated their Wastewater/Stormwater Discharge Regulations (WDRs) to include Clean Water Act (CWA) requirements for long-term stormwater quality for new development, effective August 1, 2013. Like many similar communities across the country, Louisville is mandated to apply the stormwater quality requirements. In Kentucky, the Kentucky Division of Water (KDOW) administers the program for the Environmental Protection Agency (EPA). The core requirements are mandated by EPA and KDOW through the MS4 stormwater quality permit. New development must:

• use on-site green infrastructure / Green Management Practices (GMPs) to treat stormwater runoff at new construction projects disturbing one or more acres

• participate in a long-term operation and maintenance agreement

When do the new rules go into effect? The requirements apply to projects submitted to MSD on or after August 1, 2013. Grandfathering: Projects that are approved by MSD prior to August 1, 2013 will be permitted to proceed as approved. Phases of neighborhood projects that received preliminary plan approval prior to August 1, 2013 must be substantially under construction prior to August 1, 2015. Otherwise, the new requirements must be applied to the projects. What are the goals of the new requirements? The revised long-term stormwater quality requirements benefit the community while maintaining compliance with the EPA / KDOW stormwater quality permit. Use of green infrastructure on new construction projects benefits the stormwater quality of our area waterways and reduces flood risks in our community. MSD uses the WDRs to identify the overriding requirements and communicate the technical details via Design Manual.

* What is the “MS4 stormwater quality permit” and where can the public access the permit? The MS4 permit is a federal mandate from the EPA, administered by the state, to address non-point source pollution associated with stormwater runoff. The MS4 program history and current permit can be found at:

www.msdlouky.org/insidemsd/wwwq/ms4/index.htm.

Rain Garden

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* How do these changes relate to the Land Development Code? Metro Government administers the Land Development Code (LDC). MSD representatives participated in the LDC Improvement Committee. This coordination is required by the EPA/KDOW MS4 stormwater quality permit with the intention of promoting the implementation of green infrastructure requirements. MSD proposed several “first round” edits which establish a basic framework that defines and enables green infrastructure, while not regulating/requiring it through the LDC (instead through the MSD regulations). More information on the LDC Improvement Committee is available at: awww.louisvilleky.gov/PlanningDesign/Land+Development+Code+Improvement+Committee.htm

Where can I see examples of Green Infrastructure? There are numerous examples around Louisville and the surrounding communities. A few examples of public property sites include: MSD’s main office, State Office of Employment, University of Louisville’s Belknap campus and several street scape examples in the Butchertown area. There are numerous private sites highlighted in MSD’s Design Manual Chapter 18. http://www.msdlouky.org/insidemsd/standard-drawings.htm

* Why doesn’t MSD use the updated WDR change to require alternatives to lawn chemicals? While using chemical-free approaches in lawn maintenance is a positive alternative, MSD has not been required to mandate such controls. Furthermore, such approaches would warrant greater consideration for inclusion in regulation, public outreach and enforcement.

* How do the new requirements impact urban sprawl? These requirements were not intended to encourage nor discourage sprawl. Other regulations, namely the Metro Land Development Code, direct issues related to land use and sprawl which MSD does not have the authority to regulate. However, it should be noted that the suite of green infrastructure practices encouraged through the MSD Design Manual provide flexibility. The manual offers a range of options that meet the needs of a highly constrained urban site, while providing options for suburban sites that utilize more area. Furthermore, MSD provides financial incentives for green infrastructure with a greater emphasis on funding the combined/urban area.

Permeable Pavers

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* Will the required green infrastructure lead to more mosquitos? No, the design standards have been selected and established to prevent open standing water for period of time that would enable mosquitoes to multiply.

* Why did MSD spend time with development community during the development of the updated regulations and design manual? The EPA/KDOW stormwater quality permit requires MSD to regularly participate in meetings with the Developers Advisory Group (DAG) and Homebuilders Association (MS4 permit items 2.1.11 and 2.1.12) regarding changes in procedures, checklists, regulations, etc. This requirement recognizes that the developers, architects, planners and engineers are directly impacted by changes to standards and administrative procedures.

Meetings and review are required so that developers understand and can implement the requirements. MSD spends a lot of time with the development community conveying how to implement the many technical aspects of green infrastructure.




APPLICABILITY Who has to participate? All new development that disturbs one or more acres of land must participate. One acre is the threshold that the EPA/KDOW has determined must be applied. It is important to note that for existing / developed sites that wish to expand or renovate that the 1-acre threshold applies to the new disturbance area and not the remainder of the site. * Are retrofits required / desired? While MSD has a financial incentive program to encourage new green infrastructure on already developed properties, the updated regulations only require green infrastructure on new development. Existing properties are encouraged to use green infrastructure but only required to if they qualify as new development. * What if the project site already has green infrastructure. If the disturbed area is an acre or more, a land disturbance permit is required. Existing green infrastructure that conforms to current standards may be considered to satisfy requirements. * Do properties already constructed have to participate? No, participation is triggered by the need for a site disturbance permit. * Will regulations impact residential property owners (under 1 acre)? While individual homeowners will not likely be impacted, neighborhood developers will be involved.

For subdivided properties, the size of the “greater common development” is used to determine if participation is required. For example, if a10-acre site is divided into 20 half-acre sites, the developer must participate.

Pervious Concrete




* How do these requirements relate to industrial facilities that are already permitted by the Commonwealth of Kentucky for stormwater discharges? The Commonwealth of Kentucky administers a stormwater quality permit program for qualifying industrial properties through the Kentucky Division of Water’s (KDOW) Kentucky Pollutant Discharge Elimination System (KPDES) permit program. Adherence with MSD’s requirements does not mean that the facility is exempt or automatically meets the requirements to participate in the KDOW’s KPDES permit program. MSD does not have the authority to exempt facilities from participation in KDOW’s KPDES permits. * What if I don’t want to implement green infrastructure at my development? MSD is not permitted by the EPA/KDOW to exempt properties solely on the desire not to participate. However, it may implement a fee-in-lieu program for sites that cannot reasonably/feasibly implement green infrastructure. Receipts from properties property owners participating in such a program would then be required to be used for green infrastructure project elsewhere in the related watershed.

The WDRs enable the creation of a Fee-in-Lieu program. As it is a financial / fiduciary action, this program must be defined through MSD Board Policy. This program is currently under consideration by MSD.

Is a construction plan submission required if disturbing more than one acre, but will have less than an acre of resulting impervious area? The project must go through plan review because it disturbs an acre or more. GMP sizing is based on the amount of resulting impervious area. If the project results in no impervious area, then no GMPs are required. Alternatively, if the same site results in a small amount of impervious area (ie. 2,000 square feet) the GMPs are sized according to that impervious area.




DESIGN * Is there guidance on how to implement the new requirements? MSD’s Design Manual Chapters 13 and 18 provides extensive guidance on Green Infrastructure planning, selection, design, installation, construction, operation, inspection and maintenance. A wide variety of green infrastructure options are provided. http://www.msdlouky.org/insidemsd/standard-drawings.htm

Do I have to design my site to a specific standard? Yes, each site must be able to manage the runoff from the first 0.6-inches of rainfall, known as the first flush. This standard equates to the 80% rainfall event capture as required by the EPA/KDOW for Louisville. Property owners who choose to treat more than the 0.6-inches minimum standard may be eligible for MSD’s green infrastructure financial incentives program. More information about this program is provided in the financial section of this FAQ. What are “best-management practices” / “green management practices?” BMPs and GMPs are terms used to describe green infrastructure. They can include structural and non-structural controls designed to infiltrate rain-water before it runs into our storm drains and waterways. More information can be found in the MSD Design Manual Chapter 18.

Is there guidance for homeowners or developers? Guidance for homeowners is available through MSD’s Rain Garden handbook. http://www.msdlouky.org/aboutmsd/pdfs/MSD_RainGardenGuide3rdEd.pdf Guidance for professionals is available in MSD’s Design Manual Chapters 13 and 18 (http://www.msdlouky.org/insidemsd/standard-drawings.htm).

* Do I have to design my site for a specific pollutant removal such as road salt, biocides (turf chemicals) or phosphorus? No, per the requirements imposed by the EPA/KDOW, the 0.6-inch rainfall event treatment standard has been selected to address the wide range of target pollutants. The design process detail in MSD’s Design Manual Section 18.3, as approved by KDOW, uses a presumptive approach (extensively used by communities across the country) to define the amount and extent of green infrastructure required. Selecting green infrastructure more focused on treating special site-specific pollutant concerns is available and supported by MSD’s Design Manual. Design Manual Table 18.3-A includes detailed information on GMP pollutant relative removal potential.

Rain Water Harvesting

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Does this mean the design has to look like everybody else’s design? There are numerous options to fit the wide range of design appeal/preferences. The designs can implement options that use a lot of vegetation or other approaches that resemble hard-scape environments. MSD’s Green Infrastructure Plant Guide (Chapter 13) provides an extensive list of recommended native and cultivar varieties to fit a range of aesthetic preferences, including recommendations for plants suitable for each green management practice. Although native plants are preferred, designs incorporating some cultivars are permitted. The Plant Guide includes example planting plans, plant counts and concept renderings to aide in the plant selection process. Will easements or other access be required? Yes, MSD will require access for inspection and/or maintenance. In some cases, this will require easements.

Can green infrastructure result in a smaller flood control basin? Yes, by using green infrastructure, the volume detained and/or captured and runoff reduced may be accounted for and in some cases result in a smaller flood control basin.

* Will more trees be required? While the Metro- LDC directs the use of trees, MSD’ green infrastructure requirements include a treatment standard that may, but does not have to, be achieved using trees. Trees are included in several types of green infrastructure presented in the MSD Design Manual Chapters 13 and 18 as one of many options to be considered and selected. It is MSD’s desire that where possible larger canopy trees be utilized, to take advantage of the greater capacity to absorb stormwater runoff. MSD does not prefer areas of desirable existing trees be removed for the installation of new green infrastructure, but instead the green infrastructure would be placed in other areas.

Can I still use curb and gutter drainage methods? Yes. However, these methods must be supplemented by green infrastructure to meet the minimum water quality management standards.

How can I change the design to make it less expensive? The best way to make the cost of green infrastructure reasonable is to consider it at the beginning of site planning. While a detailed design is not necessary, a basic consideration of drainage flow patterns and integration of GMPs into other design features (such as parking islands, sidewalks, buffers, etc.) will greatly reduce the resulting construction cost.

Green Roof




* Will this make my construction project more expensive? The cost of the construction is dependent upon the design. There is a higher probability of keeping costs low if green infrastructure is considered at the site planning stage. With proper planning, studies have shown that green infrastructure can cost less than traditional stormwater management through gray infrastructure, while also providing green amenities in the development project. Developers have the opportunity to use green infrastructure to down-size traditional gray infrastructure such as pipes, curbs and gutters and detention ponds and thereby reduce costs. Does using green infrastructure exempt flood control requirements? No. While green infrastructure can be used to reduce the size of flood control basins, the full range of flood control evaluations must be performed.

See MSD’s Design Manual Chapter 10 for these requirements.

* Do the changes eliminate the use of raised berms for buffers between properties? No. Raised berms for buffers are directed by the LDC and are not impacted by the WDR changes.

Is green infrastructure required for linear features such as sidewalks? Yes. The impervious area of sidewalks, like any other impervious areas (such as parking lots, rooftops, roadways, etc.), must be accounted for as part of the greater common development design. It should be noted that sidewalk retrofit projects (where the only construction is that of the sidewalk in an existing development) may use GMPs such as vegetated buffers and swales to treat the resulting impervious area.

* Do I have to use plants in my design? No. While plants are critical to several types of green infrastructure (such as rain gardens and bioswales), they are not in other types (such as infiltration drains, permeable pavers and proprietary water quality units).

MSD’s Chapter 13 Green Infrastructure Plant Guide is a resource to support the selection and identification of plants for use in green infrastructure projects.

Tree Boxes




Do green infrastructure design calculations have to be provided? Yes. The MSD Design Manual Chapter 18 provides a calculation sheet for each type of GMP, which the designer must submit for each BMP used in the design.

Do green infrastructure designs and calculations have to be stamped? Yes. Design calculations and construction plans must be stamped by a Professional Engineer licensed in the Commonwealth of Kentucky in order to be reviewed for approval.

Catch Basin Inserts




OPERATION & MAINTENANCE AGGREEMENTS * Why does MSD require an Agreement? The EPA/KDOW mandates that the green infrastructure be functional for the life of the site. MSD chose an agreement based approach very similar to agreement for flood control basins. The standard agreement identifies the type of inspection, operation and maintenance activities that will be expected. The Agreement documents the responsibility of the property owner and enables MSD to use enforcement measures, if needed, to maintain the integrity of green infrastructure. * Why will the Agreement be recorded with the County Clerk? Agreements will be recorded with the County Clerk to aid in transparency and notice during property transfer to subsequent property owners.

The agreement must be filed so that the successive property owners accept and continue their responsibilities after a property transfer. New property owners are required to operate and maintain the green infrastructure on the property and as regulated through an agreement with MSD. This process is consistent with other real estate transactions, that will be recorded at the court house as part of a property transfer.

* Is an Agreement required for properties with KPDES stormwater permits (such as industrial properties)? Yes. While Kentucky Pollution Discharge Elimination System (KPDES) permits, administered by KDOW, expire and change over time, the agreement must stand in place until the site is changed. An Agreement is needed to document the property owner’s commitment to MSD to operate and maintain green infrastructure. Property owners who have KPDES stormwater permits are separately bound/accountable by their permit requirements to KDOW. Does the Standard Agreement require inspections? Yes, annual inspections by a Qualified Post-Construction Inspector (QPCI) are required. A standard inspection form using visual observations is provided in the MSD Design Manual Chapter 18. More information on QPCI is provided in the Enforcement section of this FAQ.

Constructed Wetland




* Who is responsible for maintenance in residential neighborhoods? Property owners are responsible for green infrastructure on their properties. This includes green infrastructure in residential neighborhoods, which is the responsibility of the neighborhood association.

MSD will maintain structural components of green infrastructure (such as inlets, outlets, pipes, headwalls, etc.) and clean them (such as remove sediment, debris etc.). Homeowners or neighborhood associations will be responsible for general maintenance (such as mowing and debris/trash removal) and other maintenance required of aesthetic features. Homeowners associations are also responsible for contacting MSD about potential maintenance concerns.

When are agreements to be signed and notarized? Agreements must be signed by the property owner and notarized before MSD will execute the agreement and issue construction plan approval.

Are new agreements required when property is sold or transferred? No. The standard agreement includes a “successors and assigns” provision that binds the current property owner and their successors, grantees, and assigns to the terms of the agreement. To aid in this process, agreements will be filed at the County Courthouse.

Are construction inspections supposed to be documented? Yes. The MSD Design Manual Section 18.6 provides GMP-specific inspection forms. The forms identify specific observation-based items that must be performed at various stages of construction and submitted to MSD.

Are long-term operation and maintenance inspections supposed to be documented? Yes. The MSD Design Manual Section 18.6 provides GMP specific inspection forms. The forms identify specific observation-based items that must be performed annually and submitted to MSD.




FINANCIAL Are there financial incentives for property owners following new regulations? MSD has offered a Financial Incentives Program to promote green infrastructure. There are a short-term (stipend) and long-term (credit) incentives available for sites that go above and beyond the minimum of treatment standards. Stipend incentives are approved by the MSD Board while credits are approved by MSD staff through procedures approved by the MSD Board.

* Credits are reductions in the monthly drainage service charge. They available to all properties that pay more than the minimum billing charge. Most residential properties (single family and duplex residential) are charged the minimum rate; and therefore are not eligible for a credit at this time.

* What is the Fee-in-Lieu Program? The EPA/KDOW endorses Fee-in-Lieu programs as an option for communities through its statewide MS4 stormwater quality permit program. A fee-in-lieu program is a system that enables properties, which cannot feasibly install green infrastructure, to pay MSD for installation of green infrastructure elsewhere in the same watershed. This approach is to be established as a last option for development and not a way to pay-out of implementing requirements that are in whole or in part feasible. The costs must be to levels that MSD could then build and operate the resulting green infrastructure.

The WDRs enable the creation of a Fee-in-Lieu program. As it is a financial/fiduciary action, this program must be defined through MSD Board Policy.

This program is currently under consideration by MSD and not yet available. This will include additional opportunity for public input.

Funds from property owners participating in the Fee-in-Lieu program will be required to be used for green infrastructure projects elsewhere within the watershed.

In effect, properties participating in the program would have to pay MSD at rates that are generally more expensive than constructing green infrastructure on their own. This increased cost accounts for the administrative burden, property and other costs that MSD would have to assume to construct, inspect, operate and maintain the green infrastructure indefinitely.

Vegetated Swale




ENFORCEMENT Who inspects and enforces the new regulations? MSD and properties both have inspection responsibilities.

The EPA/KDOW mandated that MSD regularly inspect green infrastructure constructed on private property. MSD is required to enforce upon properties that do not maintain the green infrastructure properly.

Property owners will be responsible for having inspections conducted by a qualified inspector. This is similar to the erosion control qualified inspector program. More information on the inspector classes is available at: http://www.lifelonglearning4u.com/msd/index.htm

What is a Qualified Post-Construction Inspector? A Qualified Post-Construction Inspector (QPCI) is an inspector who has participated in a training course approved by MSD and passed a test on proper green infrastructure inspection and maintenance practices. The intent is to have a trained inspector who is capable of performing an appropriate GMP evaluation and can be held accountable for the accuracy of the information provided.

* When are inspections required”? Annually, based on the release of the land disturbance permit. However, if properties with multiple expansions or other related concerns wish the inspection to be performed at another time of the year, MSD will work to address those concerns so long as the annual inspection requirement is satisfied. * Why does the enforcement in WDR Article 7 say “may” instead of “shall”? Note: This section was not changed as a part of the 2013 revisions other than renumbering. THE EPA/KDOW requires that MSD enforce the WDRs. The WDRs provide a wide range of enforcement mechanisms that are to be selected based on the severity of the deficiency or violation(s). The enforcement provisions enable MSD staff to the most appropriate level (or escalating levels) of enforcement given the site-specific issues.

* Will the new section 6 replace the section on enforcement? The enforcement provisions, previously numbered as Article 6 was renumbered to reflect placement in Article 7, but not otherwise modified.

Planters

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Will construction bonding be required? Yes. MSD will utilize the same construction bond procedures that are in place for erosion control, flood control basins and other infrastructure. The bond list is expanded to account for the various types of green infrastructure.

Is monitoring required? While observation based inspections are required, sampling is not required. Note however, that it is anticipated that some types of GMPs (such as cisterns or rainwater harvesting) will require pumping system data or related metrics.

Are construction inspections supposed to be documented? Yes. The MSD Design Manual Section 18.6 provides GMP-specific inspection forms. The forms identify specific observation based items that must be performed at various stages of construction and submitted to MSD.

wastewater/ stormwater discharge regulations …july 2013 louisville & jefferson county msd 700 west...

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