News from NJDEP website: The New Jersey Department of Environmental Protection’s Municipal Stormwater Regulation Program is designed to address the impacts of stormwater-borne pollution on our State’s waterways. Each permittee is required to submit an Annual Report and Certification indicating the status of the implementation of each Statewide Basic Requirement as well as additional supporting data. The Department has compiled this data into the Status Report Summary.

Opposing Views on Mitigation Banking: Read about  New Opportunities for Conservation Districts: Markets, Trading and Credits in the Spring 2009 issue of NACD’s publication The Resource. THEN, read Trading Our Way to a Cleaner Bay - Reflections on Off-Site Stormwater Mitigation Programs in the Spring 2009 issue of the Center for Watershed Protection’s publication Runoff Rundown.

From the Pennsylvania Association of Conservation Districts website: PACD Executive Board Endorses Effort to Reduce Highway Stormwater Runoff. Stormwater from the federal highway system transports a variety of pollutants into surrounding waterways and can cause significant erosion into roadside streams and ditches.  Click here for a fact sheet and template letter that further explains the issue; available to send to your U. S. Senators and Congress members.

View photo gallery of the breathtaking Chesapeake Bay in Washington Post’s Beauty on the Brink: Can We Stop Ourselves From Destroying Chesapeake Bay’s Natural Wonders.

From the Chesapeake Bay Foundation’s website: CBF & Waterkeeper Intend to Sue Over Toxic Pollution form Sparrows Point Steel Mill. May 29, 2009 (DUNDALK, MD)– The Chesapeake Bay Foundation (CBF) and Baltimore Harbor Waterkeeper (Harborkeeper) today announced that they have notified the U.S. Environmental Protection Agency (EPA), the Maryland Department of the Environment (MDE), and the current and former owners of the Sparrows Point steel plant of their intention to sue them in federal court to force a clean-up of pollution flowing from the plant site, to conduct an adequate assessment of risks to human health and the nearby ecology, and to address other violations of the law. Read more…

Upcoming events

The Future Direction of Effective Stormwater Management in Pennsylvania, presented by Mr. Kenneth Murin, Division Chief of Waterways, Wetlands and Stormwater Management, PA DEP Headquarters, Bureau of Watershed Management

Date: 18 June 2009, Thursday
Time: 11:30 AM
End time: 01:30 PM
Location: 1515 Arch Street, 18th Floor, Philadelphia, PA

Come hear about the new direction of Integrated Water Resource Planning (IWRP) as it relates to land development and stormwater management.  Mr. Murin will discuss the legislative proposals on the horizon as they may impact existing and new water resource regulations. Register here.

Chester County Conservation District to hold an NPDES Permit Application Workshop on June 26^th. Check out the agenda and training description.

SEPA E&S 101 Workshop - June 26th, 2009 at Montgomery CO. 4-H Building. Here’s information on Registration & Agenda.

2009 NACD Legislative Conference - NACD’s 2009 summer legislative conference will take place July 19-21, 2009 in Washington D.C. Click here for more details including registration, hotel information, a draft agenda and more.

Dirt and Gravel Road Environmentally Sensitive Maintenance Training, July 14-15, Prime Sirloin Family Steakhouse, Duncansville, Blair County. For information, contact the Bedford County Conservation District, Tel: 814-623-8099.

Wyoming Valley RiverFest this weekend in Wilkes-Barre. Enjoy an evening by the river, exploring the new river common, local music, kayaking and fishing demos, children community mural of the river, and the third Friday Arts Walk. Friday, June 19, 2009 @ Wilkes-Barre River Common from 4/9pm and Saturday, June 20, 2009 @ Nesbitt Park from 1-6pm. Get more information here.

admin Weekly News Chesapeake Bay, conservation district, highway stormwater runoff, NPDES, stormwater legislation, stormwater mitigation

MS4 Permit and Model Ordinance need to be viewed together

Although the Draft General MS4 Permit currently pending/in review does not technically include the Pennsylvania Model Stormwater Management Ordinance, the Draft General Permit refers in important ways to this new Model Ordinance.  Both need to be viewed together, as both are important elements in Pennsylvania’s overall stormwater management program.   Like the Draft General Permit, the Model Ordinance, in our minds, seems to have both good and not-so-good aspects.

Look it over - here are some questions we feel need to be asked:

-If a municipality opts for the General Permit (rather than the Individual MS4 Permit - and the General Permit seems to be vastly preferred), then your ordinance choices are hugely limited.  If you have an Act 167 Plan, then Act 167 Plan ordinance requirements take precedence one way or the other.  Lacking an Act 167 Plan, you have to adopt this Model Ordinance.  Other model ordinances exist which are more inclusive and comprehensive - do a better job of implementing the Pennsylvania BMP Manual.  Is PADEP saying that any municipality which has already adopted such an ordinance must replace this ordinance with the PADEP Model Ordinance (assuming a General Permit)?

-Is the only way a municipality can adopt a non-PADEP Model Ordinance by choosing to opt for an Individual MS4 Permit?

-Shouldn’t this Model Ordinance strive in every possible way not only to be consistent with the Pennsylvania BMP Manual, but even to proactively implement this Manual?  In Sections 102 and 103, there is no mention of this objective - no mention of the Manual?

-Why is Section 301, General Requirements, such an inconsistent assortment of quite broad as well as very specific requirements (e.g., J. where specifications are given for infiltration BMPs), seemingly lacking much prioritization?

-In Section 301, there is buried a lukewarm reference to the BMP Manual, in contrast to a much stronger statement about the E&S Manual - another example of our comment above.

-In this Ordinance, there is reference to “low impact development.”  The BMP Manual, acknowledging LID, takes great pains to present an array of preventive Non-Structural BMPs and then mitigative Structural BMPs (often “green” structures).  We have no great problem with LID terminology, but given that PADEP published a very substantial BMP Manual which uses a certain terminology - aren’t we going to confuse municipalities to start using different terms?  Shouldn’t we be consistent?  Aren’t we going to interfere with Manual implementation?

-Sections 303 and 304 set forth volume and rate controls (with water quality presumably incorporated) - this is a huge step forward.  Congratulations PADEP! But isn’t there a way to allow release rates for smaller storms to be waived in those cases where volumes for up to 2-year storms are being held constant?  This makes no sense!

-In Section 401 Plan Requirements, there is no mention of the Site Design Process - the keystone of BMP Manual implementation, which is described in some detail in the BMP Manual.  Shouldn’t this Model Ordinance define/recommend that municipaplities integrate the Site Design Process into their ordinances?

-Shouldn’t Operations and Maintenance requirements be detailed more than the very summary statement presented in this Model?  Perhaps this Model Ordinance should at least be approached on a couple of levels - maybe a “minimum necessary” versus “recommended” levels?

-PADEP, would you consider including a Commentary to User throughout the entire document?  It might help municipalities make decisions and develop better ordinances?

What do you think?

admin From the Editors, NPDES / MS4 Act 167, green infrastructure, LID, MS4, non-structural BMPs, NPDES, ordinances, PA BMP Manual, stormwater best management practices, stormwater legislation

The Philadelphia Water Department announces Fairmount Dam Fishway Facility to Officially Open.  This multi-agency effort between the PWD, US Army Corps of Engineers, and the PA Fish and Boat Commission will enhance aquatic life and educational programs.  Read the May 15^th press release.

Delaware River Basin Partners (Pennsylvania, New York City, and other states in the Delaware River Basin) announce Enhanced Protections for Wildlife and Water under the Flexible Flow Management Program.  Read more on the DEP Daily update.

Upcoming Events

On June 18, 2009, the American Water Resources Association Philadelphia Metro Area Section will host a talk on The Future Direction of Effective Stormwater Management, presented by Ken Murin, Division Chief, Waterways, Wetlands and Stormwater Management, PA DEP, Headquarters. Mr Murin will speak on the new direction of Integrated Water Resource Planning (IWRP) as it relates to land development and stormwater management.  Mr. Murin will discuss the legislative proposals on the horizon as they may impact existing and new water resource regulations. Get information and register here.

62nd PA Association of Conservation Districts (PACD)/State Conservation Commissions (SCC) Joint Annual Conference to be held at the Ramada Conference Center, State College, PA from July 20-22, 2009.  Click here for more information.   The PACD is also holding a Management Summit at the Ramada Inn, State College, PA from June 9-11, 2009.

The purpose of the Soil and Water Resources Conservation Act (RCA) is to ensure that the US Department of Agriculture’s (USDA) conservation programs are responding to our nation’s conservation needs.  The RCA also requires that USDA conduct a comprehensive and continuing natural resource appraisal.  In the Food, Conservation and Energy Act of 2008, Congress reauthorized the RCA, expanded the scope of the appraisal, and established a schedule of deliverables.  Conservation Districts and the public are invited to submit RCA comments on or before August 30^th, 2009.  A public meeting is scheduled in Maryland on July 27^th at the NACD  Northeast regional meeting.  For more information, go to the National Association of Conservation Districts web site link to the Resources Conservation Act.

admin Weekly News conservation district, Delaware River Basin, flood control, state water plan, stormwater legislation

These are critical times for municipalities and stormwater - especially if you are one of the about 940 municipalities in Pennsylvania designated by the federal and state governments as “MS4.” (Municipal Separate Storm Sewer System).  StormwaterPA has been commenting here on the new draft general permit recently released by PADEP.  Various groups are coming together to ask questions and offer comments (see last week’s comments) to help PADEP fine-tune this critical next step in Pennsylvania’s stormwater management program.  For example:

-The Draft Permit refers to Maximum Extent Practicable - what exactly is meant by Maximum Extent Practicable? MEP is supposed to be “…iterative, dynamic, flexible…” which sounds good in theory, but what does that mean in practice?

-How will MEP integrate Low Impact Development concepts?

-How will all of the preventive Non-Structural and mitigative Structural BMPs (all of which embrace Low Impact Development) in the BMP Manual be incorporated into this draft general permit? There are references to the BMP Manual but the interface between the Manual and this draft permit and the program behind it are not especially clear.

-How will Minimum Control Measures be assessed across the state?  Is the program adequately measurable?  Have quantitative benchmarks been included? Approximately 940 municipalities are going to have to create 940 programs costing in total millions of dollars.  The MS4 programs has suffered from flaws thus far - it’s critical that we try to refine the program at this juncture.

-TMDLs - this portion of the draft general permit deserves special and separate treatment (stay tuned!), though the major issue here focuses on a seeming lack of relatedness between water quality problems (the identified TMDLs in place) and the required TCMs - TMDL Control Measures.  Although the 7 TCMs are generally excellent practices, how do they magically connect to TMDL pollutant load reduction, given the array of TMDLs?

-And what about monitoring of TCMs?

-How does the model ordinance which PADEP has released fit with this draft general permit? The announced position by PADEP is that municipalities either have to adopt the respective Act 167 Plan model ordinance, if applicable, or adopt PADEP’s new model ordinance.  But not only does there seem to be some disconnect between this new draft general permit and the PADEP model ordinance, but the ordinance seems quite removed from the BMP manual…

-What are your questions and thoughts? We want to hear from you…. so add your comment today!

admin From the Editors, NPDES / MS4 Act 167, LID, MS4, non-structural BMPs, ordinances, PA BMP Manual, stormwater best management practices, TMDL

US EPA offers upcoming Webcast for MS4s: Small Communities and the CSO (Combined Sewer Overflows) Control Policy.  Join the Webcast on June 24, 2009 with Tim Schmitt, LimnoTech, Mohammed Billah, US EPA, and Jim Collins, Tetra Tech.  Check here for details and to register.

US EPA has scheduled a series of Webcasts on Managing Wet Weather with Green Infrastructure.   Mark you calendar for the Tuesday, June 23rd presentations on Funding and Incentives, and Brownfield Redevelopment, and check out the Webcast flyer for more information and other upcoming Webcasts.

PA DEP is accepting applications for Watershed and Flood Protection Grants under the Growing Greener Plus program.  Applications are due July 17^th.  See the full news release for details.

In NJDEP Water Quality News, the Department proposes to reissue the New Jersey Pollutant Discharge Elimination System (NJPDES) General Permit for Combined Sewer Systems (CSS) NJPDES No. NJ0105023, in accordance with NJAC 7:14A and by the authority of the Water Pollution Control Act at N.J.S.A. 58:10A-1 et. seq. This General Permit was last reissued on June 30, 2004 and is due to expire on July 31, 2009.   Check for more detail including Public Notice, Draft Permit, Fact Sheet, Permit Attachments, and Appendices.

Chester County Conservation District to hold an NPDES Permit Application Workshop on June 26^th.  Check out the agenda and training description.

Montgomery County Conservation District to hold NPDES Permit Application Checklist Workshop on June 26^th.  Click here for agenda and application.

New Book With One Voice: National Association of Conservation District, By R. Neil Sampson.  This book describes national conservation efforts from the NACD perspective, and provides a baseline for those who strive to enhance and implement current programs.  Look inside the book and read about the author at the NACD web site.

Read about the Pennsylvania Chesapeake Bay Program at the Pennsylvania Association of Conservation Districts web site.

Center for Watershed Protection presents a free webcast on Managing Stormwater in the Age of Budget Cuts, Wednesday, June 17^th, 2009.  Go to the CWP website for details and a complete 2009 Webcast schedule.

Alliance for the Chesapeake Bay - in the May 2009 issue of the Bay Journal, concerns loom about population and development impact on the Chesapeake Bay Foundation’s restoration efforts.   Read the article Region’s Growth Problem Only Getting Larger. Also, The Chesapeake Bay Foundation is asking the EPA to clamp down on pollution from new development in the watershed to reduce nutrient pollution to the Bay.  Read about it at CBF wants to link development to pollution offsets.

Join the Pennsylvania Environmental Council for the 39^th Annual Philadelphia Dinner, featuring keynote speaker Robert Sussman, Senior Policy Advisory for the US Environmental Protection Agency and John Quigley, Acting DCNR Secretary.  Wednesday, June 17, 2009.  For details, click here.

Clean Water Action takes a position on What’s wrong with the voluntary buffers program? For the full article, click here.

The Dauphin County Conservation District web site features a BMP Tour. Visit their stormwater BMP projects here.

Remember that online stormwater BMP and NPDES training/educational resources can be found at US EPA web site and the Villanova Urban Stormwater Partnership website.

Pike County Conservation District and County opposed moves by DEP to reduce local review/oversight.  Read more in the Pike County CD spring 2009 newsletter.

admin Weekly News buffers, Chesapeake Bay, conservation district, CSOs, flood control, MS4, NPDES, stormwater best management practices