Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: John Epperson, Partner, Cooper White & Cooper, San Francisco

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Stormwater Discharge and CWA Compliance After EPA Rule Revisions and Recent High Profile Spills Navigating EPA Permitting Requirements, Overcoming Challenges for State Discharge Permits, and Leveraging Lessons From Recent Enforcement TUESDAY, SEPTEMBER 9, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: John Epperson, Partner, Cooper White & Cooper, San Francisco Ralph J. Orlando, PE, President, Consulting & Engineering Design Division, Partner Engineering and Science, Eatontown, N.J. Andrew J. Perel, Partner, Troutman Sanders, New York The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

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34 Stormwater Discharge and CWA Compliance After EPA Rule Revisions and Recent High Profile Spills John Epperson Cooper, White & Cooper LLP (415)

35 Industrial Activities Permits Applicability is based on SIC code of facility Not all industrial activity is covered Can lead to anomalous results EPA: Multi-Sector General Permit (MSGP) All but 5 states authorized to issue stormwater NPDES general permits State permits must be at least as stringent as MSGP, can be more stringent 35

36 Industrial Activities Permits Notice of Intent No Exposure Certification SWPPP BMPs Non-stormwater discharges Monitoring Reporting 36

37 Citizen Suits CWA 505 Enforcer must have interest adversely affected Standing challenges 60-day notice to discharger, EPA, state regulator before filing lawsuit Diligent prosecution? Violation must be continuing (or intermittent) Stormwater violations are common basis for citizen suits despite lack of numeric effluent limits Generally settled, sometimes before suit is filed Civil penalties, attorney s fees and costs, commitments to upgrades in program, facility 37

38 California Industrial General Permit Adopted April 1, 2014 Effective July 1, 2015 NEC requires a submittal to SWRCB Notice of Non-Applicability (NONA) Minimum BMPs/Advanced BMPs Numeric Action Levels (NALs) Exceedance Response Actions (ERAs) TMDL-based permit conditions to come later Cannot cause or contribute to exceedance of water quality standards Pre-production plastic pellets (aka nurdles ) 38

39 Emerging Issues BMPs v. NELs EPA Rulemaking withdraws turbidity NEL from Construction and Development General Permit Reserved paragraphs for potential future rulemaking NALs as compromise? 39

40 Emerging Issues Treatment Arguments in favor Arguments against Treatment options 40

41 Emerging Issues Spills and Releases Can a stormwater program address spills and releases such as the January 2014 Freedom Industries release of MCHM into the Elk River in West Virginia? 41

42 Stormwater Discharge and CWA Compliance After EPA Rule Revisions and Recent High Profile Spills Ralph J. Orlando, P.E. Partner Engineering And Science, Inc x1337

43 Best Management Practices - Case Study Local,County, and State Agency Regulatory Process Storm Water Retention Basins Ground Water Re-Charge Infiltration Basins Non Structural Storm Water Management Techniques (T.O.C) Water Quality Facilities Native Landscape Buffers Pre Engineered Water Quality Devices Soil Erosion and Sediment Control Devices Bio-swales Project Facts: Location: New Jersey Current Land Use: Farm Field Proposed Use: Warehouse Project Size: 300 Acres Developed Impervious Coverage: 80% 43

44 Philadelphia Green City, Clean Waters 44

45 City of Philadelphia Philadelphia Water Department Reduce Your Storm water Fees The City of Philadelphia offers a number of programs to assist non-residential customers to reduce their storm water fees by managing the runoff from their property. How Do Storm water Rates Work? Storm water runoff contains contaminants such as motor oil, pesticides, automotive fuel, industrial waste and other chemicals that pollute streams and rivers. Every parcel of land in the city, including residential, commercial, institutional and public properties, is billed by the Philadelphia Water Department for management of the storm water it produces. Philadelphia storm water fees calculated based on the amount of impervious surface (such as parking lots, sidewalks, driveways and buildings) that a parcel contains. Parcels with greater amounts of impervious surface produce larger amounts of storm water, and as such are charged higher rates for storm water management. How Can I Reduce My Storm water Rates? Non-residential customers, including businesses, institutions, non-profits and public agencies, can reduce their storm water rates and help clean up our waterways by implementing green infrastructure projects. Green infrastructure projects include: Rain Gardens, Green Roofs, Basins and Ponds, Wetlands, Swales, Underground Projects, Downspout Planters, Rainwater Harvesting, Porous Pavement and Reducing Impervious Surfaces. Projects that reduce the amount of impervious surface on a site can result in a storm water credit that will permanently reduce your water bill. Copyright 2014 Philadelphia Water Department 45

46 46 City of Philadelphia