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Stormwater Update

Stormwater Update. John Harrington, ACOG April 2013. Stormwater Update - OKLAHOMA. New Members to the Phase 2 Stormwater Club! Collinsville Glenpool Goldsby Harrah Jones Kiefer Newcastle. Stormwater Update - OKLAHOMA. Stormwater Update - OKLAHOMA.

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Stormwater Update

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  1. Stormwater Update John Harrington, ACOG April 2013

  2. Stormwater Update - OKLAHOMA • New Members to the Phase 2 Stormwater Club! • Collinsville • Glenpool • Goldsby • Harrah • Jones • Kiefer • Newcastle

  3. Stormwater Update - OKLAHOMA

  4. Stormwater Update - OKLAHOMA Status of OKRO4 (Phase 2 Stormwater) Renewal March-August 2013: Draft OKR04 is finalized. August 2013: ODEQ letters to permittees: 90 days to submit NOIs. New permittees have 180 days. November 2013: NOIs sent to ODEQ by existing permittees. December 2013: ODEQ starts issuing Discharge Authorizations to existing permittees. February 2014: NOIs sent to ODEQ by new permittees. March 2014: ODEQ starts issuing Discharge Authorizations to new permittees.

  5. Stormwater Update - OKLAHOMA • SOME CHANGES FROM THE NEW OKR04: • STRUCTURAL BMPs • Wet Ponds • Extended-detention outlet structures • Grassed swales • Bio-retention cells • Sand filters • Filter strips • Infiltration basins and trenches • WE ARE TALKING LID (LOW IMPACT DEVELOPMENT) AND GI (GREEN INFRASTRUCTURE) HERE

  6. Stormwater Update - OKLAHOMA SOME CHANGES FROM THE NEW OKR04: NON-STRUCTURAL BMPs POLICIES AND ORDINANCES THAT: Direct growth to identified areas. Protect sensitive areas (wetlands, riparian areas). Maintain or increase open space. Provide buffers along sensitive water bodies. Minimize impervious surfaces. Minimize disturbance of soils and vegetation. Encourage infill development in higher density urban areas.

  7. Stormwater Update - OKLAHOMA SPEAKING OF IMPERVIOUS SURFACES….

  8. Stormwater Update - OKLAHOMA OKR04 PROPOSED TEXT AND LID/GI Part IV.C.4.b. MINIMUM CONTROL MEASURES – CONSTRUCTION – RECOMMENDATIONS (2) Develop outreach program for the local development community, including incentives for developers/builders, such as “green developer” recognition. Part IV.C.5.a. MINIMUM CONTROL MEASURES POST-CONSTRUCTION REQUIREMENTS (4) You must review local ordinances and regulations, and identify the barriers to Low Impact Development (LID). Develop a schedule to remove those barriers that prohibit LID practices in the permit term. (6) You must include an education component for developers and the public about project designs that minimize water quality impacts, including LID strategies.

  9. Stormwater Update - EPA • THE OLD EPA….. • 1990 & 1999 – Phase 1 and 2 regulations • EPA guidance, memorandums, etc. • General Permits for each State. • THE NEW EPA….. • Construction Effluent Limitations Guidelines = Rulemaking • Lawsuits = Court Mandates • Continued urban pollution and 303d problems • Fear of more TMDL lawsuits • New types of TMDLs that address urban nonpoint source pollution. • The bad report from the National Research Council • Political climate in Washington.

  10. Stormwater Update - EPA • THE NRC REPORT • The volume of discharges is generally not regulated at all by EPA. • Permit programs could be predicated on changes in impervious cover. • Conserving natural areas, reducing hard surfaces and retrofitting urban areas with features that hold and treat stormwater.

  11. Stormwater Update - EPA • FUTURE STORMWATER RULES AND PERMITS • New EPA Rulemaking: • Draft 6/10/2013 and finalized 12/10/2014 • Will address NRC criticisms and showcase new strategy • Will focus on LID and flow attenuation.

  12. Stormwater Update - EPA • New EPA Stormwater Ideas • More permittees, larger areas covered by permits (watersheds?) • Create federal LID and GI requirements for new development and redevelopment. • Same requirements for all MS4s; NO MORE PHASE 1 AND 2 RULES. • Retrofitting storm systems and drainage areas to reduce runoff. • Special stormwater provisions to protect sensitive areas.

  13. Stormwater Update - EPA • New EPA Strategy? • Reduce flow by: • Removing impervious cover, • Disconnecting impervious cover, • Increase use of porous surfaces, • Attenuate impervious cover using flow-based LID. • REDUCING FLOW REDUCES ALL POLLUTANT LOADS! • HOWEVER, VIRGINIA DISTRICT COURT RULED WATER IS NOT A POLLUTANT, SO EPA DOES NOT HAVE JURISDICTION TO CONTROL IT. • EPA IS NOT APPEALING THIS DECISION!

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