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Stormwater Management William Taylor

Learn about stormwater management in Long Creek Watershed, including regulatory history, pollutants, permits, and restoration efforts for clean water. Contact William Taylor for legal advice.

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Stormwater Management William Taylor

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  1. Stormwater ManagementWilliam Taylor New Hampshire Wastewater Control Association June 13, 2013

  2. Clean Water Act – Section 402 • All “point” sources discharging “pollutants” into “waters of the U.S.” must obtain an NPDES permit or state permit

  3. Legislative History • Before 1987 stormwater was not generally regulated • Water Quality Act of 1987 required NPDES permitting of certain stormwater discharges by • Existing permitted facilities • Industrial activities • Large and medium MS4s • Others as determined by permitting authority

  4. Residual Designation Authority (RDAs) • Stormwater discharges not otherwise required to obtain a permit can be designated as requiring a permit under certain conditions. 40 CFR § 122.26(a)(D).

  5. RDAs in Region 1 • Charles River RDA • Pollutant – Phosphorus • Draft permits – 2008 and 2010 • Final permit not issued • 2 acre IC threshold • Long Creek RDA • Metals, solids, temperature, chlorides • Permit issued in 2009 • 1 acre IC threshold • Burlington/Lake Champlain • Pollutant - phosphorus • Permit issued in 2009 • 1 acre IC threshold

  6. Long Creek Watershed • Long Creek is 1 of 31 urban impaired streams in Maine • Impairment due to: • High water temperatures • High pollutant loads (toxics, PAH, chlorides) • Stream channel instability and sedimentation • Stressed/degraded habitats

  7. Watershed Statistics • Total Watershed Acreage = 2240 (3.5 sq miles) • Total Impervious Acreage = 739 (33%) • Total Miles of Streams ~ 10 miles

  8. Section 303(d) List – 2000 • Community-Based Restoration Project Convened • US EPA Grant to Establish Watershed Group and Begin Development of Management Plan • TMDL Deferred • Management Plan Completed 2009

  9. Residual Designation Petition • CLF filed an RDA petition with EPA in March 2008 • Requested a determination that: • Certain unpermitted stormwater discharges are contributing to violations of water quality standards in Long Creek. • Therefore, these “contributing discharges” require a NPDES permit in order to restore and protect the water quality of Long Creek.

  10. EPA’s Designation Decision • Final decision to designate published on 10/28/09 • Requires permits for discharges from property with at least 1 acre of impervious surface • Maine DEP to administer permit program

  11. Permitting RequirementsUnder RDA • About 120 parcels with more than 1 acre of impervious surface – pavement, rooftops, etc. • Owners of parcels less than 1 acre are not currently required to obtain a permit

  12. Options for Landowners • Challenge RDA Decision • No Precedent • Forum • Costs • No Permit Shield – No TMDL • State Authority to Regulate Existing Sources • Basis for Appeal? • Arbitrary 1 Acre Threshold • Already Permitted

  13. Options for Landowners • Proceed with Permit Development Under RDA and Obtain Permit Shield • Continue Implementing Management Plan and Restore Long Creek

  14. Permitting Options • Long Creek General Permit • Must Participate in and Comply with Long Creek Watershed Management Plan • Enter into Agreement with Management District • Make payments ($3,000 per acre per year) • Grant Easements • Comply with Monitoring and Housekeeping Requirements • Five year permit

  15. Assessment Statistics • $3,000/impervious acre/year • Credits provided for stormwater treatment and good housekeeping activities on own parcel

  16. Interlocal Agreement ProvidesLegal Structure • Long Creek Watershed Management District established through interlocal agreement between watershed municipalities • Interlocal agreement allows for public and private governing board members who will be protected under Tort Law

  17. Goal: Meet Water QualityStandards by 2020 • Treat 150 impervious acres • 26.33 acres treated (18%) • Implement stream habitat mitigation • 2 out of 10 sites completed • Implement non-structural measures • Good housekeeping – in progress • Targeted education – in progress

  18. Monitoring Summary • The data collected to date suggest the following: • Temperature and dissolved oxygen are issues in the upper portion of the watershed. • Chloride is an issue in the south and north branches. • Metals and nutrients are issues throughout the watershed. • Water quantity is a known issue throughout the watershed and is being analyzed further.

  19. William Taylor, Esq. wtaylor@pierceatwood.com Merrill’s Wharf 254 Commercial Street Portland, ME 04101 PH/ 207.791.1213

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