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”

Frederick.Civian@state.ma.us