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Stormwater ManagementWilliam Taylor
New Hampshire Wastewater Control Association
June 13, 2013
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Clean Water Act – Section 402
All “point” sources discharging “pollutants” into “waters of the U.S.” must obtain an NPDES permit or state permit
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Legislative History
Before 1987 stormwater was not generally regulated
Water Quality Act of 1987 required NPDES permitting of certain stormwater discharges byExisting permitted facilities Industrial activitiesLarge and medium MS4sOthers as determined by permitting authority
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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).
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RDAs in Region 1
• Charles River RDA o Pollutant – Phosphoruso Draft permits – 2008 and 2010o Final permit not issuedo 2 acre IC threshold
• Long Creek RDAo Metals, solids, temperature, chlorideso Permit issued in 2009o 1 acre IC threshold
• Burlington/Lake Champlaino Pollutant - phosphoruso Permit issued in 2009o 1 acre IC threshold
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Long Creek Watershed
Long Creek is 1 of 31 urban impaired streams in Maine
Impairment due to:High water temperaturesHigh pollutant loads (toxics, PAH, chlorides)Stream channel instability and sedimentationStressed/degraded habitats
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Watershed Statistics
Total Watershed Acreage = 2240 (3.5 sq miles)Total Impervious Acreage = 739 (33%)
Total Miles of Streams ~ 10 miles
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Section 303(d) List – 2000
Community-Based Restoration Project Convened
US EPA Grant to Establish Watershed Group and Begin Development of Management Plan
TMDL DeferredManagement Plan Completed 2009
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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.
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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
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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
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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
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Options for Landowners
Proceed with Permit Development Under RDA and Obtain Permit Shield
Continue Implementing Management Plan and Restore Long Creek
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Permitting Options
Long Creek General PermitMust Participate in and Comply with Long
Creek Watershed Management PlanEnter into Agreement with Management
DistrictMake payments ($3,000 per acre per year)Grant EasementsComply with Monitoring and Housekeeping
RequirementsFive year permit
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Assessment Statistics
o $3,000/impervious acre/yearo Credits provided for stormwater treatment
and good housekeeping activities on own parcel
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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
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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
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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.
Merrill’s Wharf254 Commercial StreetPortland, ME 04101
William Taylor, [email protected]
PH/ 207.791.1213
