Visit to a blind student's school🧑🦯🧑🦯(community medicine)
Stormwater and Wetland Issues in Maryland
1. Presentation for:
Lorman Educational Services
Current Issues in Storm Water Regulation
Presented in Baltimore, MD
October 11, 2011
Andrew T. Der | Associate & Director of Environmental Services
Whitman, Requardt & Associates, LLP
801 South Caroline Street
Baltimore, MD 21231
443.224.1824, ader@wrallp.com
9. Water Quality
• Sediments
Channel erosion can be the
primary sediment source!
• Nutrients
Maintained vegetated areas
• Temperature
Warm pavements and
pond pools
• Other
Oils, Greases, heavy metals,
toxics
14. What is a Stream?
• Waters of the U. S.
• Definition includes tidal navigable
water, nontidal navigable water and
adjacent headwaters and wetlands
adjacent to such waters – but how far
up does it go?
• Determines extent of Sec 401 (Water
Quality Certification), 402 (NPDES) and
404 (Dredge and Fill) components of the
Clean Water Act.
15. What is an impact?
• Impacts are discharges or grading
• Discharges can be out of a pipe or
placement of material (CWA Sec 402
& 404)
• Discharges can be permitted
• Individual Permits or General
Permits
16. Types of Permitting Related
to Stormwater
• NPDES Phase I and II – federal CWA criteria (U. S. EPA delegated
to 45 States by GP) – regulates new construction AND existing
older stormwater sources – passes through localities – only
means for retrofit nationally
• New DoD and federal facility SWM mandates
• State/local Stormwater Management Regulations – new
construction
• State/local Erosion and Sediment Control Regulations – new
constructions
• Other (Wetlands, Flood Plain, etc.)
• Both Individual & General NPDES permitting - Most construction
under GP
17. NPDES Phase I &II
Permitting
• 1972 amendments to the Federal Water
Pollution Control Act (Clean Water Act)
prohibit the discharge of any pollutant to
waters of the United States from a point
source unless the discharge is authorized
by a National Pollutant Discharge
Elimination System (NPDES) permit.
• Past efforts to address stormwater
discharges under the NPDES program have
generally been limited to certain industrial
categories
18. Background
• Stormwater out of a pipe was not
necessarily a point source discharge
• National Urban Runoff Program (NURP)
– first meaningful stormwater study
showed stormwater impacts
• In response to water quality concerns,
in 1987, the EPA was required to issue
regulations addressing stormwater
discharges under the NPDES program
19. Phase I
• NPDES established first regulations in 1990 for
permit requirements for:
1) existing “medium” and “large” municipal
separate storm sewer systems (MS4) – individual
permits by State to locality with conditions
2) new construction activity disturbing 5 acres of
land or greater – general permits
3) certain industrial activities
• Many continue to operate under Phase I
20. MDE Phase I Permit
Conditions
• ID legal authority and data
sources
• Assess existing programs
• Watershed Management and
Restoration (often needs its
own construction controls and
404 and state wetland permit!)
• Utilize current collected best
management practice (BMP)
data to modify and improve
programs
• Fiscal Analysis
21. Phase II
• In 1999, new rule automatically covers on a
nationwide basis all existing small MS4s
located in urbanized areas and new
construction activities of 1 acre or more –
general permits
• Most localities already complying
• Can authorize industries or facilities
• Have more flexible permitting options
GP including the NOI process
Utilizing existing programs in place
Combine with other Phase II
Combine with a Phase I
22. Six Requirements of
Phase II
• Personnel education/outreach
• Public involvement/participation
• Illicit discharge detection elimination
• Construction site stormwater runoff
control (E/S)
• Post construction stormwater
management
• Pollution prevention/good
housekeeping
23. Phase II Can be Subjective
• Monitoring, public outreach and BMPs can be flexible
as long as:
– Reduces pollutants to the maximum extent
practical
– Protects water quality
– Satisfies CWA
– Many existing SWM programs are satisfactory
– Renewed with potential for changes = Montgomery
County & Washington DC
24. How Does NPDES Affect
Construction Activities?
• Compliance with NPDES Stormwater permits
is primarily through BMP implementation
• E/S and SWM plans are not the same as
NPDES compliance – but can usually serve as
compliance with NPDES Phase II
requirements
• However, a good E/S and SWM plan alone
does not necessarily assure compliance with
all NPDES criteria
25. How Does NPDES Affect
Construction Activities?
To comply with NPDES Maryland General Permit (GP)
requirements,
Submit Notice of Intent to MDE if 1 acre or more of
disturbance
New GP criteria
• Permittees no longer can start work at moment of
NOI submission
• MDE needs notice that SWM and E/S plan approved
• New submission forms
26. How Does NPDES Affect
Construction Activities?
New GP criteria - continued
• Individual discharge permits for construction disturbing 150
acres or more – GP lost
• Individual permits required for construction disturbing
between 30 and 150 acres that discharge to waters impaired
by pollutants if MDE receives a timely objection to NOI that
credibly supports technical standards included under the GP
are not sufficient to ensure the protection of water quality
standards
• Identify whether the receiving waters are listed on the 303(d)
list as impaired for sediment
• MDE posts project for 45-day public notice for sites 3 acres
or more disturbed area or a 30-day period for sites with 1 to
less than 3 acres disturbed area
27. How Does NPDES Affect
Construction Activities?
New GP criteria - continued
• MDE will not approve coverage under GP until PN ends
and applicant notifies that E/S plan approved – work can’t
begin
until SWM plan approved
• PN process may result in IP
• Include written explanation how ESD and sensitive
construction techniques used for waters with an
established Total Maximum Daily Load (TMDL)
• If significant sediment discharge occurs, required to
inspect, evaluate and repair or install all site controls - if
second event occurs, required to have engineer evaluate
if E/S plan needs additional on-site practices or
modifications
28. How Does NPDES Affect
Construction Activities?
New GP criteria - continued
• Permittee must select, install, implement and maintain control
measures at site that minimize pollutants in the discharge as
necessary to meet applicable water quality standard
• If MDE determines discharges may cause “an excursion” above
any applicable water quality standard, required to modify
controls to indicate receiving water is attaining water quality
standards
• Conduct weekly inspections and the next day (changed from
next business day last year) after a rainfall event resulting in
runoff
• Must implement measures to ensure discharges from the site
meets requirements of TMDL
• Potential for flocculent or turbidity controls?
29. How Does NPDES Affect
Construction Activities?
• 1 to 3 acres of disturbance = submit for coverage with minimum 30-day
public comment and local E/S coordination
• 3 to 5 acres of disturbance = submit for coverage with minimum 45-day
public comment and local E/S coordination
• 5 to 10 acres of disturbance = as above but potential requirement for
passive chemical treatment
• 10 to 20 acres of disturbance = as above but potential for active
chemical treatment – was to comply with 280 NTU turbidity
• 20 to 150 acres of disturbance = as above but as of Aug 2011, was to
comply with 280 NTU turbidity
• Over 150 acres of disturbance = does not qualify for NPDES GP and an
individual permit is required not unlike an industrial discharge permit in
terms of processing
30. How Does NPDES Affect
Construction Activities?
• Compliance is reflected in a Stormwater Pollution
Prevention Plan (SWPPP) – what is it and when is
one required?
- Includes E/S and SWM plans (structural) but,
also includes ESD and nonstructural: other
pollutant management considerations (spillage,
storage, litter), monitoring records and TMDL ID
- In MD, not typically required under general
permit
• Potential vs. Actual Discharges – treated the
same?!
31. State & Local SWM
Concurrently along with new NPDES compliance, need to comply
with following regulations
• State Erosion and Sediment Control Law
Currently being revised from 1994 to be more contemporary
and compatible with below
> 5,000 s.f. disturbance
• State Stormwater Management Law
Incorporates SWM Manual by reference - Revised by 2007
Maryland Stormwater Management Act – Effective May 2009
Formalizes “LID-like” or Environmental Site Design to
“Maximum Extent Practicable” - MEP is met if channel stability
and predevelopment groundwater recharge rates are
maintained and nonpoint source pollution is minimized….
structural stormwater practices may be used only if
determined to be absolutely necessary
32. State & Local SWM
• State Stormwater Management Law -
continued
Applies via approved local ordinance to all
new and redevelopment projects that have
not received final approval for erosion and
sediment control and stormwater
management plans by May 4, 2010
Primary MEP standard is to use ESD to reduce
post development runoff to levels found in
natural, forested conditions – need to treat 1
to 2.6 in rainfall depending on site and design
conditions
> 5,000 s.f. disturbance
33. Waters Disturbance Triggers
- indirect
• Both MDE permit processes incorporate CWA Section 401
Water Quality Certification Requirements required when 404
Corps permit required
- Numeric and Narrative Water Quality Standards are
basis for sensitive waters requirements
• Numeric
- DO, Temp, pH, Turbidity, fecal coliform, toxics
• Narrative – basis of more stringent controls
- Protection of aquatic life...fishable…swimmable…
Includes EPA Anti-degradation policy:
“…To accomplish the objective of maintaining existing
water quality…Nonpoint sources shall achieve all cost
effective and reasonable best management practices for
nonpoint source control…”
34. Waters Disturbance Triggers
– less common
• CWA Section 404 dredge and fill permit
- U. S. Army Corps of Engineers – Waters of the
U. S. including wetlands (MDE joint process if < 1
acre) up to ephemeral
• Nontidal Wetland and Waterways Permit
- MDE – State waters up to intermittent including
wetlands and 100-year flood plain
- Has special NTW E/S BMP Conditions
• Tidal Wetlands License/Permit
- MDE – State waters including wetlands
35. Other Criteria
• Coastal Zone Management Act
• Chesapeake Bay Critical Area Law
Administered through local zoning and
subdivision ordinances for overlay 1,000 feet
from shoreline
100-foot Buffer is the most restricted
10% SWM rule in Intensely Developed Areas
• State Forest Conservation Law
Delegated to localities
Requires NRI or FSD which could be first SWM
concept under new regulations
Silt fences frequently double as tree save fence
36. Even More New Water Quality
Initiatives in Progress!
• President’s Executive Order
Federal agencies provide more proactive strategies
on meeting Chesapeake Bay Program goals
including “new rules”, coordination, compliance
• US Senate Bill Chesapeake Ecosystem Restoration
Act to re-authorize Chesapeake Bay Program to
restore Bay by 2020
No net increase in N & P
Increased funding and more State implementation
Makes presidential Order binding into future
37. Even More New Water Quality
Initiatives in Progress!
• Chesapeake Bay TMDL for N & P
Largest most complex TMDL in the country,
covering the 64,000 s. m. watershed in six states
& DC = Watershed Implementation Plans (WIP) in
progress now
• EPA Effluent Limitation Guidelines – federal
minimum BMP controls for NPDES construction
stormwater discharges – originally by Dec 2009
Now on hold – potential provisions for additional
buffers, filtration, turbidity monitoring at “action
levels”
38. Issues under deliberation
• What should be most sound priorities of focus?
From CBF, percent nutrient contribution – some
variations in data but current is:
– 39% agriculture
– 20% point source
– 20% atmospheric deposition
– 10% Urban/suburban stormwater
Pre-SWM urbanized areas is focus of MS4
NPDES and only mechanism
– 4% septic
– 1% natural
• ESD (and LID) versus Smart Growth versus
impervious surface criteria? EPA
• TMDL models challenged by PA Farming & NAHB
39. Construction Compliance
• Usually oriented to E/S compliance
• Locality inspects for E/S, FC and Critical
Area
• MDE (and occasionally EPA) inspect for
NPDES, E/S and Wetland and Waterways
Permit (and mining compliance)
• Corps inspects for Wetland and Waterways
Permit
40. Newer Compliance
Requirements
• Usually oriented to post-construction
assessment
• Third party quality control construction
monitoring
• Specific SWM device maintenance
conditions
• Post-construction BMP performance can be
required
41. Post-Construction BMP
and Water Quality
Monitoring
Used also for MS4 Compliance
Can be MDE requirement
Preconstruction, construction
and post-construction
Macroinvertebrate Studies
(from WWTP & mining)
Chemistry
Geomorphology
Groundwater
42. For Construction Activities -
Remember!
• Have most current approved plans on site during
construction
• Diligence over perfection – develop a good relationship with
regulatory agencies
• Any E/S modifications made after permitting may potentially
have other regulated impacts.
• Any temporary material storage, staging or heavy equipment
in or near flood plain, streams, wetlands, buffers, forest,
specimen tree may potentially be a regulated impact
• Document all E/S plan changes, rectification measures and
spill control measures in log book
44. What is a Best Management
Practice (BMP)?
Best Management Practices (BMPs) are policies, practices,
procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from
development. BMPs are categorized as structural or non-
structural.
• Early Planning
• Low Impact Development
“LID-like” or Better Site Design or Environmental Site Design
• Local stream buffers and setbacks
• Minimize or disconnect impervious surfaces sheet flow,
open section pavement
• Devices
Most significant factor affecting performance is construction
and maintenance
45. Erosion and Sediment Control
vs. Stormwater Management
• E/S
Construction Phase
Sediments are primary criteria
Can be temporary or “permanent”
• SWM
Post-construction
Manages various pollutants
Permanent
46. Common E/S Practices
• Silt Fence
• Vegetative Stabilization
• Stone lined conveyance
• Temporary Sediment Basin/Trap
• Temporary Use of Permanent Pond
or other facility
54. Common SWM Practices
• Better/Environmental Site Design
• Sheet flow management – prior to
and after conveyance
• Open section surfaces
• Engineered practices
55. Common ESD Practices per
Regulations
Preserving and protecting natural resources
Conserving natural drainage patterns
Minimizing impervious area
Reducing runoff volume
Using ESD practices to maintain 100 percent of the
Annual predevelopment groundwater recharge volume
Using green roofs, permeable pavement, reinforced turf,
And other alternative surfaces
Limiting soil disturbance, mass grading, and compaction
Clustering development
Any practices approved by the Administration.
56. ESD Planning Techniques
and Practices
• Disconnection of rooftop •Infiltration berms
runoff
•Dry wells
• Disconnection of non-
rooftop runoff •Micro-bioretention
• Sheetflow to conservation •Rain gardens
areas
•Swales
• Rainwater harvesting
•Enhanced filters
• Submerged gravel
wetlands
• Landscape infiltration
57. The Best BMP - Work with Forest
and Wetland Conservation
59. When Using Engineered Practices
Smaller Volumes Larger Volumes
Most compatible with ESD When preferred is
goals of 2007 SWM Act – Insufficient
At Source & Pretreatment Central Locations
Quality Control Only For Quantity and Quality
Control
• Infiltration
– trench/basin • Stormwater Ponds
– wet pond
• Filtering – wet ED pond
– sand filter/bioretention – dry ED pond (for cold water w/
pre-treatment
• Hydrodynamic Devices – multiple pond system
• “New” Technology • Stormwater Wetlands
– pervious surfaces/green – shallow marsh
roofs – ED shallow wetland
– pond/wetland system
72. Stream Stabilization as a BMP
• Can be effective watershed sediment control practice
• Can be local approval requirement
• Can be a traded credit
• Can be out-of-kind wetland mitigation
74. Resources
For:
• NPDES MS4 and Notice of Intent (NOI) Compliance
• Stormwater Management Act & Regulations
• Maryland Stormwater Design Manual
• Erosion and Sediment Control Regulations
• Waterways and Wetlands
Go to MDE:
www.mde.state.md.us/Programs/WaterPrograms/SedimentandStormwater/index.asp
For US EPA related information:
Regulations http://cfpub.epa.gov/npdes/npdesreg.cfm?program_id=45
National Menu of Stormwater Best Management Practices
http://cfpub.epa.gov/npdes/stormwater/menuofbmps
Urban BMP Performance Tool Urban BMP Performance Tool
http://cfpub.epa.gov/npdes/stormwater/urbanbmp/bmpeffectiveness.cfm
Stormwater Discharges From Construction Activities
http://cfpub.epa.gov/npdes/stormwater/const.cfm
Or if, “Google it” – web pages changing rapidly
Or Contact me : Andrew T. Der 443 224 1824
ader@wrallp.com
Editor's Notes
The stormwater treatment practices presented in this slide show fall into five major categories: stormwater ponds, stormwater wetlands, infiltration practices, filtering practices, and open channels. Within each category, there are several design variations.
