EPA Stormwater Update

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1 EPA Stormwater Update Ken Moraff 3/27/13

2 Massachusetts 2010

3 Rhode Island 2010

4 Vermont

5 Charles River

6 Charles River between Franklin and Medway

7 Charles River - Boston

8 Population and Impervious Surfaces in the Chesapeake Between 1990 and 2000: population increased 8%. impervious surfaces increased 41%.

9 Standards for New and Re-Development Federal Register / Friday, October 30, 2009 / 56191

10 California MS4 (Ventura County): 1. Integrated Water Quality/ Flow Reduction/ Resources Management Criterion(a)...Permittees shall require all New Development and Redevelopment projects identified in subpart 4.E.II to control pollutants, pollutant loads, and runoff volume emanating from impervious surfaces through infiltration, storage for reuse, evapotranspiration, or bioretention/biofiltration by reducing the percentage of Effective Impervious Area (EIA) to 5 percent or less of the total project area.

11 West Virginia Small MS4: Performance Standards. The permittee must implement and enforce via ordinance and/or other enforceable mechanism(s) the following requirements for new and redevelopment: [ ]Site design standards for all new and redevelopment that require, in combination or alone, management measures that keep and manage on site the first one inch of rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation. Runoff volume reduction can be achieved by canopy interception, soil amendments, evaporation, rainfall harvesting, engineered infiltration, extended filtration, and/or evapotranspiration and any combination of the aforementioned practices.

12 North Carolina residential construction: Stormwater runoff shall be managed using any one or combination of the following practices:a. Install rain cisterns or rain barrels designed to collect all rooftop runoff from the first one and one-half inches of rain. Rain barrels and cisterns shall be installed in such a manner as to facilitate the reuse of the collected rainwater on site and shall be installed in such a manner that any overflow from these devices is directed to a vegetated area in a diffuse flow. Construct all uncovered driveways, uncovered parking areas, uncovered walkways, and uncovered patios out of permeable pavement or other pervious materials.b. Direct rooftop runoff from the first one and one-half inches of rain to an appropriately sized and designed rain garden. Construct all uncovered driveways, uncovered parking areas, uncovered walkways, and uncovered patios out of permeable pavement or other pervious materials.c. Install any other stormwater best management practice that meets the requirements of 15A NCAC 02H.1008 to control and treat the stormwater runoff from all built upon areas of the site from the first one and one-half inches of rain.

13

14 VT Small MS4 permit, p. 10

15 VT Small MS4 permit, p. 11

16 Charles River TMDL 54% Phosphorus reduction 65% reduction for land use areas with high percentages of impervious cover including: Commercial, Industrial High and medium density residential

17 Source: Massachusetts Smart Growth Toolkit Copyright 2000, Center for Watershed Protection

18 Resilient Watersheds / Resilient Infrastructure

19

20

21

22 Residual Designation of new permittees EPA or state with approved NPDES program can designation new categories of dischargers needing stormwater permits If needed to meet TMDL allocations If discharges contribute to water quality violation If discharges are a significant contributor of pollutants CWA 402(p)(2)(E), 40 CFR

23 Citizen Residual Designation Petition Any person may petition for NPDES permitting if - Discharge contributes to violation of WQS - discharge needs to be controlled to meet TMDL WLA 40 CFR (f)(2)

24 Resid. Desig. gets everyone in the game To be effective in having the greatest benefit on the watershed, the proposed NPDES program must treat all of the causes of the stress equally, and not result in one sector or type of Owner in having to bear an inordinate amount of the responsibility or cost in the long term improvements. Whether the impervious cover is related to a shopping center, a public or Private roadway, or a municipal complex, all of the responsible parties must bear a proportional share of the costs General Growth Properties - Maine Mall, LLC comments on Long Creek residual designation

25 Examples of Stormwater Designations VT: Designated >1 acre impervious in 5 watersheds in and around Burlington ME: Designated >1 acre impervious in Long Creek watershed in and around Portland MA: Preliminarily Designated >2 acre impervious in Milford, Bellingham and Franklin

26 Charles River which properties are covered? Impervious surfaces equal to or greater than 2 acres Contiguous properties under common ownership Certain land uses excepted: single family residential; government properties otherwise regulated by permits; specified land uses such as recreational camps, mobile home parks, etc.

27 Long Creek RD Permit EPA designated Maine issued general permit Allows participation in watershed management plan through utility Plan has projects tiered by cost-effectiveness Pay $3000/acre impervious acre/year Opt-out for individual permit

28 Solving the problem Shovels in the ground in Long Creek Impervious Cover Treated: 11 acres Project Cost: $700, Long Creek Update Cumberland County Soil & Water Conservation District

29

30 New England leads the country as extreme rain events increase NEW HAMPSHIRE 115% VIRGINIA 33% RHODE ISLAND 90% INDIANA 32% VERMONT 84% OKLAHOMA 32% MASSACHUSETTS 81% WYOMING 32% MAINE 74% DELAWARE 30% CONNECTICUT 73% MINNESOTA 30% NEW YORK 64% NEBRASKA 30% MISSOURI 53% TENNESSEE 30% PENNSYLVANIA 52% TEXAS 29% OHIO 49% NEVADA 27% SOUTH DAKOTA 45% COLORADO 25% ALABAMA 41% ARIZONA 24% LOUISIANA 41% WASHINGTON 24% WISCONSIN 38% MISSISSIPPI 22% MICHIGAN 37% NORTH CAROLINA 20% UTAH 37% MARYLAND 18% NEW MEXICO 36% MONTANA 17% IOWA 35% ILLINOIS 16% KANSAS 35% IDAHO 14% KENTUCKY 35% CALIFORNIA 13% ARKANSAS 34% GEORGIA 13% WEST VIRGINIA 34% FLORIDA -1% NORTH DAKOTA 33% SOUTH CAROLINA -1% NEW JERSEY 33% OREGON -24%

31 Increase in frequency of extreme rainfall

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