Crum Creek Neighbors v. PA DEP and Pulte Homes

An important case recently (October 22) emerged from the Environmental Hearing Board (Crum Creek Neighbors v. PA DEP and Pulte Homes, Docket No .2007-287-L) which could have significant implications for stormwater in Pennsylvania - especially in Exceptional Value and possibly other Special Protection Waters.

In Marple Township, Delaware County, Pulte proposed development of 58 townhouses and 160 condominium units on approximately 35 ac in the Exceptional Value Holland Run tributary of the Crum Creek.  Although we will be providing additional legal commentary on this and other cases in future weeks, the Synopsis states:

The Board remands an NPDES stormwater discharge permit to the Department for further consideration because the Department analyzed the site as a nondischarge site when in fact there will be direct discharges to the Exceptional Value stream.  In addition, the appellant’s showing that there is a significant, credible risk of a diminution in the flow of the Exceptional Value stream as a result of the permitted residential subdivision requires further investigation and analysis.

This is a reasonably complicated case that raises several important questions regarding PA DEPs stormwater permitting in Exceptional Value watersheds.  Stay tuned.

To read the full decision go to : http://ehb.courtapps.com/democorpus/Converted/50306392007287.pdf

admin Legal exceptional value watershed, NPDES, PA DEP, special protection waters, stream flow, water quality, watershed protection

Sessions on Bay TMDL Scheduled in Six States, D.C

The U.S. Environmental Protection Agency will hold a series of public meetings to discuss the Chesapeake Bay Total Maximum Daily Load (TMDL) - a strict “pollution diet” to restore the Chesapeake Bay and its network of local rivers, streams and creeks.

EPA is scheduled to hold 14 public meetings throughout the watershed’s six states - Maryland, Virginia, Pennsylvania, Delaware, West Virginia, New York - and the District of Columbia from early November through mid-December 2009.

The Bay TMDL will establish the pollution reductions necessary for meeting Bay clean water standards. EPA officials will outline the Bay TMDL and receive public input during the sessions.  A draft TMDL will be issued in August 2010, followed by a public comment period. A final TMDL will be established by EPA in December 2010.

The PA meetings are scheduled for:

• November 17   Wilkes Barre, Pa.              2 p.m. - 4 p.m.
• November 18   Williamsport, Pa.             5 p.m. - 7 p.m.
• November 19   State College, Pa.              2 p.m. - 4 p.m.
• November 23   Lancaster, Pa.                   2 p.m. - 4 p.m.

For the specific location of a meeting in your area, visit: www.epa.gov/chesapeakebaytmdl

EPA Requests Comments on Survey for Stormwater Rule

The U.S. Environmental Protection Agency is proposing a survey to help strengthen stormwater regulations and reduce stormwater discharges from newly developed and redeveloped sites.  Stormwater discharges can harm water quality through increases in stormwater volume and pollutant loadings into nearby waterways.

Generally, as sites are developed, less ground area is available for rain to soak into, which increases stormwater volume.  This stormwater flows across roads, rooftops and other surfaces, picking up pollutants that then flow into waterways. The draft survey would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.

EPA plans to propose a rule to control stormwater from newly developed and redeveloped sites and to take final action no later than November 2012.  In support of this rulemaking, EPA is proposing to require three different groups to complete questionnaires about current stormwater management practices: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories.

The proposed survey will be open for public comment for 60 days following publication in the Federal Register.

More information: http://www.epa.gov/npdes/stormwater/rulemaking

admin Chesapeake Bay Chesapeake Bay, flood control, peak rate, stormwater best management practices, stormwater runoff, TMDL, volume control, water quality

In the wake of PA DEPs new budget cutbacks, our understanding is that PA DEP officials are still evaluating how the massive budget cuts are going to impact specific DEP programs.  A revised detailed budget hasn’t been released by DEP, and many critical questions remain.

StormwaterPA is not clear, for example, what the apparent deletion of the “stormwater” line item means for the total stormwater program.  Are we looking at the elimination of any 167 planning matches, or something far more  severe?  We have been told that optional projects such as the BMP Manual Revision Committee, which has been described and discussed in this blog in recent weeks, are no longer being supported by PA DEP staff, offices, and budgets, although sub-group meetings are continuing (more discussion on this below).

In the midst of so many stormwater-related program changes from Chapter 102 to MS4/NPDES Phase II to the BMP Manual itself, impacts of budget cutbacks and staff reductions would seem especially dangerous…

Status of the BMP Manual Revision and Activities of sub-group Committee

The nine sub-groups designated by PA DEP as part of the Manual Revision Committee will continue to meet, though in an unofficial capacity with no guarantees that any of their work or recommendations will have an impact on the Manual as it currently reads.

StormwaterPA  welcomes any news that results from these efforts and is more than happy to provide a forum for discussion.  Write to us, Sub-Group Scribes, so we can keep all stakeholders informed! You can email us at info@stormwaterpa.org

As an example of what may come out of these meetings: we attended the recent (October 27) Capture and Re-Use sub-Group meeting outside of Allentown (Newton Engineering Group offices) ,where the discussion was far-reaching and explored the concept of adding another technology, spray irrigation, to this BMP itself or to the broader BMP list.

The DEP regional office and other sub-group members described extensive use of spray irrigation as a technique for stormwater volume control, especially in areas such as super-sensitive mined lands where infiltration BMPs for volume control could entail serious groundwater problems (i.e., increased acid mine drainage).  Clearly, Pennsylvania has large areas where such groundwater sensitivities exist and where a spray BMP could provide a useful stormwater management answer.  Though the Capture and Re-Use Sub-Group has yet to compile its recommendations for forwarding to DEP, this is an interesting example of adding to the Manual and making it more comprehensive…

admin BMP Manual Revision acid mine drainage, Act 167, BMPs, capture and reuse, groundwater contamination, MS4, NPDES, PA BMP Manual, PA DEP, spray irrigation, stormwater best management practices, volume control

DEP Revokes E & S Permits Issued to Two Gas Companies for “technical deficiencies”

WILLIAMSPORT (Oct. 28)  - The Department of Environmental Protection has revoked three erosion and sedimentation control general permits previously issued to Ultra Resources Inc. and Fortuna Energy Inc. due to technical deficiencies, and has sent notice of violation letters to the three licensed professionals who prepared the applications.

“DEP took this action because of numerous technical deficiencies discovered after our approval of the permits,” said DEP Northcentral Regional Director Robert Yowell. Get the full story here

DEP to Hold Public Meetings to Discuss Proposed Critical Water Planning Areas

The PA DEP will conduct six public meetings and formal hearings to answer questions and accept testimony on proposed critical water planning areas in Pennsylvania’s six major river basins.

Critical water planning areas encompass watersheds where existing or future water demands exceed or threaten to exceed the safe yield of available water resources. The process for designating these areas was established under Act 220 of 2002, the Water Resources Planning Act, which created the first update to the state water plan in 26 years.

Act 220 established a Statewide Water Resource Committee and six regional water resource committees tasked with updating, compiling and reviewing water-use data, taking public comment, identifying where existing and potential water-use conflicts and water quality issues may occur, and creating recommendations for the state water plan.

This is the first step in approving the planning areas. The public meetings will include presentations by DEP staff and members of the respective regional committees, followed by an informal discussion period. The formal hearings will begin immediately following the public meeting.

More information and meeting locations is available here

admin Stormwater Regulations Chesapeake Bay, Delaware River Basin, erosion and sediment control, PA DEP, water quality, watershed protection