Evolving Stormwater Management in Pennsylvania:

Navigating The State and Local Framework

Timothy J. Bruno – PADEP Pennsylvania Stormwater Symposium

October 18, 2013

What is stormwater management in PA?

NPDES: Construction

Non-Point Source

Title 25 PA Code Regulations

Volume, Rate, Water Quality

NPDES: MS4

Act 167: Municipal SWM

Ordinances

Act 167: County SWM Plans

Clean Water Act

Act 167: PA SWM Act

Riparian Buffers

Pennsylvania Constitution

Clean Streams Law

Quick Look: PA Constitution

Article I, Section 27 (1971) “The people have a right to

clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

• P.L 1987, Act 394 of 1937, as amended

• Enacted to protect the waters of the Commonwealth from pollution activities.

• Addressed sewage and industrial discharges, and the regulation of mining activities.

• Stormwater is generally addressed by Article IV. “Other Pollutions and Potential Pollution”

Quick Look: PA Clean Streams Law

• Governs Priority, Conventional, and Non-Conventional pollutants.

• Established the National Pollutant Discharge Elimination System (NPDES), including stormwater discharges from industrial activities.

• Established Non-Point Source Pollution criteria.

• Instituted Total Maximum Daily Loads and protection of wetlands.

Quick Look: Federal Water Pollution Control Act (CWA)

• Part I, Subpart B., Article II., Water Resources

Quick Look: Title 25, Pennsylvania Code

Chapter 91: General Provisions Allows general permitting.

Chapter 92.a: NPDES Permitting, Monitoring, and Compliance

Establishes PA NPDES program and requirements.

Chapter 93: Water Quality Standards PA water quality standards, anti-degradation requirements.

Chapter 102: Erosion and Sediment Control

E&S requirements, post-construction stormwater management, riparian buffers.

Chapter 105: Dam Safety and Waterway Management

Stream and wetland encroachments.

Chapter 111: Storm Water Management-Grants

Governs Act 167 SWM reimbursements to counties and municipalities

NPDES Permitting, Monitoring and Compliance • Establishes NPDES Program, incorporates

Code of Federal Regulation requirements. • Identifies stormwater responsibilities for

communities designated with Municipal Separate Storm Sewer Systems (MS4).

• Identifies stormwater discharges associated with industrial activities.

Quick Look: PA Code, Chapter 92.a

Water Quality Standards • Outlines general and specific water quality

criteria. • Specifies and defines anti-degradation to

waters of the Commonwealth, including Special Protection waters (High Quality, Exceptional Value).

• Specifies designated water uses for all watersheds.

Quick Look: PA Code, Chapter 93

Erosion and Sediment Control • Identifies requirements for

controlling E&S from earth disturbance activities.

• Includes Post Construction Stormwater Management. Relies on Pennsylvania Stormwater BMP Manual.

• Introduces Riparian Buffer requirements in Special Protection watersheds.

Quick Look: PA Code, Chapter 102

Dam Safety and Waterway Management • Regulates encroachments on waterways and

wetlands. • Preserves flood carrying capacity, natural flow

characteristics, and stormwater management functions of wetlands.

Quick Look: PA Code, Chapter 105

Storm Water Management Grants and Reimbursements • Defines how grants and reimbursements are

to be made for Act 167 activities…

Let’s talk about Act 167!

Quick Look: PA Code, Chapter 111

The Storm Water Management Act: • Requires COUNTIES to complete stormwater

management planning for all designated watersheds in county.

• Requires MUNICIPALITIES to adopt or amend, and implement ordinances to regulate development and control stormwater.

• Requires all STATE FUNDED PROJECTS, and PRIVATE DEVELOPMENT of LAND be consistent with the county plan.

Pennsylvania Act 167 of 1978

Municipal Ordinances • PA Municipalities control land use decisions on

local level through ordinances such as zoning, subdivisions, construction codes, etc.

• Ordinances across NW municipalities were on the whole different/inconsistent until now.

• 390 Municipalities in 12-county Northwest region, many of which are second class townships. (rural officials/unpaid officials)

Pennsylvania Act 167 of 1978

Municipal Ordinances – What do they regulate? • Any earth disturbances or any activities that involve the

development of land in a manner that may affect stormwater runoff. • New construction or reconstruction where new impervious surface

area is created. • Performance standards require volume, rate, and water quality

control.

Pennsylvania Act 167 of 1978

Act 167 Municipal Ordinance Requirements

• Control stormwater (rate, quantity & quality) to protect safety, health, and environment.

• No discharges to neighboring property without permission of landowner.

• No building permit until municipality approves/ SWM plan and any state permitting in place.

• Operation, Maintenance, and Repair Plan.

• Municipal enforcement of requirements.

Act 167 Municipal Ordinance Requirements

• Since 2005, Performance Standards in all Model Ordinances in DEP-approved County Act 167 Plans adhere to NPDES PCSM standards.

• Ordinances often include thresholds or tiers of requirements when certain sized areas of impervious surface are exceeded. Example: Less than 1000ft2 = No Submittal Required 1000 to 2499ft2 = General Requirements &

Small Project App 2500 to 5000ft2 = Small Project App &

Structural Volume Controls Greater than 5000ft2 = Volume & Rate

Controls, engineered Stormwater Management Site Plan

The Stormwater Patches

NPDES: Construction

Non-Point Source

Title 25 PA Code Regulations

Volume, Rate, Water Quality

NPDES: MS4

Act 167: Municipal SWM

Ordinances

Act 167: County SWM Plans

Clean Water Act

Act 167: PA SWM Act

Riparian Buffers

Pennsylvania Constitution

Clean Streams Law

The Stormwater Quilt

DEP Comprehensive Stormwater Management

Policy (9/28/2002)

1. Begin any consultation by identifying the major characteristics of the project.

2. Perform responsibility identification process.

3. Identify the state and local permitting frameworks for the county and municipality where the project is located.

4. Understand the permitting and approval timelines and sequences.

Navigating the Framework

Major SW Characteristic & Responsibility I.D.

Major SW Characteristic & Responsibility I.D.

Major SW Characteristic & Responsibility I.D.

Federal & State Stormwater Requirements:

Large Developments: greater than 1 acre earth disturbance • Requires NPDES

Stormwater Permit • Approved Erosion &

Sediment Control Plan • PCSM Plans • Local Stormwater

Consistency

Midsize Developments: greater than 5000ft2 earth disturbance • Approved Erosion &

Sediment Control Plan • PCSM deferred to

municipality.

Small Developments: 1ft2 to 4,999ft2 earth disturbance • Written Erosion &

Sediment Control Plan • PCSM deferred to

municipality.

Municipal SW Requirements:

Large Developments: 5000ft2 or greater of new impervious surface and greater than 1 acre earth disturbance • Approved, engineered

SWM Site Plan • Approved Erosion &

Sediment Control Plan • Ensure NPDES Permit

before issuing Building Permit.

Midsize Developments: greater than 5000ft2 new impervious surface • Approved, engineered

SWM Site Plan • Written Erosion &

Sediment Control Plan • Plan approvals are

obtained before issuing Building Permit.

Small Developments: 1ft2 to 4,999ft2 new impervious surface • Tiered non-structural

and structural PCSM requirements.

Municipalities choosing different methods of implementation based upon their needs:

1. The “Go-It-Alone” Approach 2. The “Shared Services” Approach 3. The “Central Implementation” Approach 4. The “Sustainable Program” Approach

Municipal Ordinance Implementation

The “Go-It-Alone” Approach • Most often utilized by larger

municipalities. • More than likely an MS4

community. • Probably had a SWM

ordinance prior to recent Act 167 Planning.

• Have a trusted Municipal Engineer.

Municipal Ordinance Implementation

The “Shared Services” Approach • Most often utilized by medium to small

municipalities. • May share secretaries, zoning officers,

and/or building inspectors with neighboring municipalities.

• Have moderate to low development rates.

• May be first time they have dealt with stormwater.

• May or may not know their Municipal Engineer, but may issue an RFQ specifically for SWM review services.

Municipal Ordinance Implementation

The “Central Implementation” Approach • Most often used by rural counties and

municipalities, or areas with COGs or strong existing ties between county/muni governments.

• County Planning Department or Conservation District provide services.

• Likely already share services in other business sectors.

• Most of these munis probably don’t have full time personnel.

• Many don’t even know they have a Municipal Engineer.

Municipal Ordinance Implementation

• Each member municipality adopts an identical model ordinance.

• Each municipality then adopts a resolution transferring the review of stormwater management to the Conservation District.

• Building permit applications are submitted to municipality, SWM component forwarded to Conservation District.

• Conservation District reviews, approves, then routes back to muni.

Jefferson County Central Implementation Model

Clarion & Forest County Central Implementation Model

• County adopts Stormwater Management Ordinance.

• Each participating municipality then adopts a resolution transferring the review of stormwater management to the Conservation District.

• Building permit applications are submitted to municipality, SWM component forwarded to Conservation District.

• Conservation District reviews, approves, then routes back to muni.

• The future of stormwater management in Pennsylvania.

• Creates dedicated funding stream outside of property taxes and the “General Fund.”

• Ideally suited for MS4 communities, but a template for all municipalities.

• Creates programmatic capacity. • Plans for future infrastructure

needs.

The “Sustainable Program” Model

• Conducted year-long planning, feasibility, and community outreach effort.

• Conducted needs analysis: current functions and those that were not performed due to lack of resources.

• Calculated current and forcasted future infrastructure costs.

• Utilized remote sensing and GIS technology for income generation analysis.

City of Meadville Impervious Cover Fee

• Identified funding levels necessary to fulfill MS4 functions and infrastructure OMR.

• Conducted high-resolution, 4-band, aerial photography and LIDAR acquisition.

• Performed impervious cover delineation, indexed with tax assessment parcels.

• Arrived at an Equivalent Residential Unit based upon average impervious cover per lot.

City of Meadville Impervious Cover Fee

• Impervious cover user fees more equitable than millage increases.

• Opportunity to lower individual bills through credit system.

• Can wrap in functions that are currently in General Fund transportation categories.

• Can be used stand-alone or as a transition to a Municipal Authority.

City of Meadville Impervious Cover Fee

For more information or questions:

Timothy J. Bruno DEP Northwest Regional Office - Meadville

tibruno@pa.gov (814) 332-6917