6
Innovative Stormwater Management and Regulatory Permitting

There are numerous innovative regulatory strategies that could be used to improve EPA’s stormwater program. This chapter first outlines a substantial departure from the status quo, namely, basing all stormwater and other wastewater discharge permits on watershed boundaries instead of political boundaries. Watershed-based permitting is not a new concept, but it has been attempted in only a few communities. Development of the new permitting paradigm is followed by more modest and easily implemented recommendations for improving the stormwater program, from a new plan for monitoring industrial sites to encouraging greater use of quantitative measures of the maximum extent practicable requirement. The recommendations in the latter half of the chapter do not preclude adoption of watershed-based permitting at some future date, and indeed they lay the groundwork in the near term for an eventual shift to watershed-based permitting.

WATERSHED PERMITTING FRAMEWORK FOR MANAGING STORMWATER

At its initial meeting in January 2007, the committee heard opinions that collectively pointed in a new direction for managing and regulating stormwater that would differ from the end-of-pipe approach traditionally applied by regulatory agencies under the National Pollutant Discharge Elimination System (NPDES) permits and be based instead on a watershed framework. Indeed, the U.S. Environmental Protection Agency (EPA) has already given substantial thought to watershed permitting and issued a Watershed-Based NPDES Permitting Policy Statement (EPA, 2003a) that defined watershed-based permitting as an approach that produces NPDES permits that are issued to point sources on a geographic or watershed basis. It went on to declare that, “The utility of this tool relies heavily on a detailed, integrated, and inclusive watershed planning process. Watershed planning includes monitoring and assessment activities that generate the data necessary for clear watershed goals to be established and permits to be designed to specifically address the goals.”

In the statement, EPA listed a number of important benefits of watershed permitting:

  • More environmentally effective results;

  • Ability to emphasize measuring the effectiveness of targeted actions on improvements in water quality;



The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement



Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 475
6 Innovative Stormwater Management and Regulatory Permitting There are numerous innovative regulatory strategies that could be used to improve EPA’s stormwater program. This chapter first outlines a substantial departure from the status quo, namely, basing all stormwater and other wastewa- ter discharge permits on watershed boundaries instead of political boundaries. Watershed-based permitting is not a new concept, but it has been attempted in only a few communities. Development of the new permitting paradigm is fol- lowed by more modest and easily implemented recommendations for improving the stormwater program, from a new plan for monitoring industrial sites to en- couraging greater use of quantitative measures of the maximum extent practica- ble requirement. The recommendations in the latter half of the chapter do not preclude adoption of watershed-based permitting at some future date, and indeed they lay the groundwork in the near term for an eventual shift to watershed- based permitting. WATERSHED PERMITTING FRAMEWORK FOR MANAGING STORMWATER At its initial meeting in January 2007, the committee heard opinions that collectively pointed in a new direction for managing and regulating stormwater that would differ from the end-of-pipe approach traditionally applied by regula- tory agencies under the National Pollutant Discharge Elimination System (NPDES) permits and be based instead on a watershed framework. Indeed, the U.S. Environmental Protection Agency (EPA) has already given substantial thought to watershed permitting and issued a Watershed-Based NPDES Permit- ting Policy Statement (EPA, 2003a) that defined watershed-based permitting as an approach that produces NPDES permits that are issued to point sources on a geographic or watershed basis. It went on to declare that, “The utility of this tool relies heavily on a detailed, integrated, and inclusive watershed planning process. Watershed planning includes monitoring and assessment activities that generate the data necessary for clear watershed goals to be established and per- mits to be designed to specifically address the goals.” In the statement, EPA listed a number of important benefits of watershed permitting: • More environmentally effective results; • Ability to emphasize measuring the effectiveness of targeted actions on improvements in water quality; 475

OCR for page 475
476 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES • Greater opportunities for trading and other market-based approaches; • Reduced cost of improving the quality of the nation’s waters; • More effective implementation of watershed plans, including total maximum daily loads (TMDLs); and • Other ancillary benefits beyond those that have been achieved under the Clean Water Act (e.g., integrating CWA and Safe Drinking Water Act [SDWA] programs). Subsequent to the policy statement, EPA published two guidance docu- ments that lay out a general process for a designated state that wishes to set up any type of permit or permits under CWA auspices on a watershed basis (EPA, 2003b, 2007a). It also outlined a number of case studies illustrating various kinds of permits that contain some watershed-based elements. Box 6-1 de- scribes in greater detail the more recent report (EPA, 2007a) and its 11 “options” for watershed-based permitting. Unfortunately, the EPA guidance is lacking in its description of what constitutes watershed-based permitting, who would be covered under such a permit, and how it would replace the current program for municipalities and industries discharging stormwater under an individual or general NPDES permit. Few examples are given, some of which are not even watershed-based, with most of the examples involving grouping municipal wastewater treatment works under a single permit with no reference to stormwa- ter. Most of the 11 options are removed from the fundamental concept of water- shed-based permitting. Finally, the guidance fails to elaborate on the policy statement goal to make water quality standards watershed-based. The commit- tee concluded that, although the EPA documents lay some groundwork for wa- tershed-based permitting—especially the ideas of integrated municipal permits, water quality trading, and monitoring consortia—the sum total of EPA’s analy- sis does not define a framework for moving toward true watershed-based per- mitting. The guidance attends to few of the details associated with such a pro- gram and it has made no attempt to envision how such a system could be ex- tended to the states and the municipal and industrial stormwater permittees. This chapter attempts to overcome these shortcomings by presenting a more comprehensive description of watershed-based permitting for stormwater dis- chargers. The approach proposed in this chapter fits within the general framework outlined by EPA but goes much further. First, it is intended to replace the pre- sent structure, instead of being an adjunct to it, and to be uniformly applied na- tionwide. The proposal adopts the goal orientation of the policy statement and then extends it to root watershed management and permitting in comprehensive objectives representing the ability of waters to actually support designated bene- ficial uses. The proposal builds primarily around the integrated municipal per- mit concept in the policy statement and technical guidance. Like EPA’s outline, the committee emphasizes measuring the effectiveness of actions in bringing improvements, but goes on from there to recommend a set of monitoring activi-

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 477 BOX 6-1 EPA’s Current Guidance on Watershed-Based Permitting Rather than explicitly define watershed based permitting, the EPA’s recent guidance (EPA, 2007a) groups a large number of activities as having elements of watershed-based permitting, and defines how each might be utilized by a community. They are ● NPDES permitting development on a watershed basis, ● Water quality trading, ● Wet weather integration, ● Indicator development for watershed-based stormwater management, ● TMDL development and implementation, ● Monitoring consortium, ● Permit synchronization, ● Statewide rotating basin planning, ● State-approved watershed management plan development, ● Section 319 planning, and ● Source water protection planning. Taking these topics in order, the first option is generally similar to that in EPA (2003a,b), but with some more detail on possible permitting forms. “Coordinated individual permits” implies that individual permits would be made similar and set with respect to one another and to a holistic watershed goal. The nature of such permits is not fully described, and there are no examples given. An “integrated municipal permit,” also presented in the earlier policy statement, would place the disparate individual NPDES permits in a munici- pality (e.g., wastewater plants, combined sewer overflows, municipal separate storm sewer systems [MS4s]) under one permit. However, such a permit is not necessarily watershed- based. Finally, the “multi-source permit” could go in numerous directions, none of which are described in detail. In one concept, all current individual permittees who discharge a common pollutant into a watershed would come under one new individual permit that regu- lates that pollutant, while keeping the existing individual permits intact for other purposes. The Neuse River Consortium is given as an example. Alternatively, a multi-source permit could cover all dischargers of a particular type now falling under one individual permit that regulates all of their pollutants (no examples are given). In yet another application, this permit could be a general permit, and it would be identical to the existing general permits, except that it would be organized along watershed boundaries. As above, it could be re- fined on the basis of pollutant or discharger type. The other ten options are more distant from the fundamental concept of watershed- based permitting. The water quality trading description is minimal, though it does mention a new EPA document that gives guidance to permittees for trading. Wet weather integra- tion, the third topic, can mean any number of things, from creating a single permit to cover all discharges of pollutants during wet weather in a municipality, as described above for “coordinated individual permits,” to just having all the managers of the systems get together and strategize. Although a stated goal is to reduce the amount of water in the sewer sys- tem after a storm, this integration is not particularly well defined in the document, nor is it well differentiated from other activities that would normally occur under an MS4 permit. continues next page

OCR for page 475
478 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES BOX 6-1 Continued Indicator development for watershed-based stormwater management refers to identi- fying indicators that are better than one or a few pollutants at characterizing the degree of impairment wrought by stormwater. Stormwater runoff volume is one indicator being de- veloped by Vermont, and percent impervious surface is another. As discussed in Chapter 2, some states have long used biological indicators that integrate the effects of many pol- lutants as well as physical stresses such as elevated flow velocities. Indicators can be used as TMDL targets or as goals in NPDES permits. Identifying and adopting indicators is, essentially, a prerequisite to implementing some of the other options listed above. Regarding the next topic on the list, the option of TMDL development is obvious, since the TMDL program is by definition watershed based. If it can be made the highest priority, and if stormwater is a contributor, then the implementation plan can be an excellent way to combat stormwater pollution on a watershed basis. Reducing the contribution of the pollut- ant from a stormwater source can involve water quality trading, better enforcement of exist- ing permits, or creating new watershed-based permits. Hence, again, there is considerable overlap with the previously discussed options. Developing a monitoring consortium is an option that works when sufficient data are not available to do much else. The concept mainly refers to monitoring of ambient waters. The activity is shared among partners (e.g., all wastewater plants in a region), with the goal of collecting and analyzing enough data to improve management decisions on a watershed basis, instead of for a single plant. The following topic, permit synchronization, refers to having all permits within a water- shed expire and be renewed simultaneously. This approach could be helpful for streamlin- ing administrative, monitoring, and management tasks associated with maintaining the permits. Some states have operated in this way, whereas others have decided not to. It is one way to coordinate permits in cases where other types of watershed-based permitting would not work. Similarly, the statewide rotating basin approach, used by many states, relies on a five-year cycle. The state is divided into major watersheds, and each watershed is in a different stage of the cycle every year. It is a way to distribute the workload such that there is never a year when, for example, every watershed would require monitoring. Since it is a statewide program, how it relates to a watershed-based permitting situation is not at all clear. ties designed to support active adaptive management to achieve objectives, aswell as to assess compliance. Credit trading, indicator development, the rotat- ing basin approach, and monitoring should be part of management and permit- ting programs within watersheds, and ideas are advanced to develop these and other elements. In addition to building on the work of EPA, the proposed approach tackles many of the impediments to effective watershed management identified in the National Research Council (NRC) treatise on watershed management (NRC, 1999). That report noted that watershed approaches are easiest to implement at the local level; thus, the approach developed in this chapter is a bottom-up proc- ess in which programmatic responsibility lies mainly with municipalities. Be- cause the natural boundaries of watersheds rarely coincide with political juris- dictions, watersheds as geographic areas are less useful for political, institu- tional, and funding purposes, such that initiatives and organizations directed at watershed management should be flexible. The proposed approach recognizes this reality and makes numerous suggestions for pilot testing, funding, and insti- tutional arrangements that will facilitate success. Finally, NRC (1999) notes the

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 479 With regard to the next topic, there has been a great deal of watershed planning around the nation and tremendous variety in form and comprehensiveness. Plans gener- ally contain some information on the state of the watershed, goals for the watershed, and activities to meet those goals. Development of such plans in areas that do not have them could facilitate watershed-based permitting by providing much needed information about conditions, sources of pollutants, and methods to reduce pollution. According to EPA, a watershed plan may or may not indicate the need for watershed-based permitting. The Section 319 Program refers to voluntary efforts to reduce pollution from nonpoint sources. The program in and of itself is not relevant to NPDES permits, since it deals strictly with activities that are not regulated. However, these activities could be traded with more traditional stormwater practices as part of a watershed-based effort to reduce overall pollution reaching waterbodies. Many watershed plans must consider guidance for the 319 program in order to get funding for their management activities. If the watershed in question contains a drinking water source (either surface water or groundwater), then a good source water protection plan can have a significant impact on NPDES permitting in a watershed. Information collected during the assessment phase of source water protection could be used to help inform watershed-based permitting. Also, NPDES permits could be rewritten taking into account the proximity of discharges to source water intakes. Following its coverage of the 11 options, EPA (2007a) gives a hypothetical example of picking six of the options to develop permitting for a watershed. It discusses how the op- tions might be prioritized, but in a very qualitative manner, according to considerations such as availability of funding and personnel, stakeholder desires, environmental impacts, and sequencing of events. Chapter 1 of the report ends with a list of performance goals that might apply to the 11 options. Chapter 2 further explains the multi-source watershed-based permit, discussing, for example, who would be covered by it, who would administer it, and how credit trading fits in. The chapter has a lot of practical, although quite intuitive, information about how to write such a permit. Much of the decision making is left to the permit writer. There are discussions of effluent limitations, monitoring requirements, reporting and record keeping, special conditions, and public notice. Chapter 3 follows by presenting case studies, al- though fewer than appeared in 2003 and not all truly watershed based. need to “develop practical procedures for considering risk and uncertainty in real world decision-making in order to advance watershed management.” The proposed revised monitoring system presented later in this chapter is designed to provide information in the face of ongoing uncertainty, i.e., adaptive manage- ment in a permitting context. Watershed Management and Permitting Issues There are many implications of redirecting the stormwater management and regulatory system from a site-by-site, SCM-by-SCM approach to an emphasis on attainment of beneficial uses throughout a watershed. Most fundamentally, the program’s focus would shift to a primary concentration on broad goals in terms of, for example, achieving a targeted condition in a biological indicator associated with aquatic ecosystem beneficial uses or no net increase in elevated

OCR for page 475
480 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES flow duration. Application of site-specific stormwater control measures (SCMs) would no longer constitute presumptive evidence of permit compliance, as is often the case in permits now, although it would still be an essential means to meeting goals. Achieving those goals, however, would form the compliance criteria. In recognition of the demonstrated negative effects of watershed hydrologic modification on the attainment of beneficial uses, the proposal steps beyond the generally prevailing practice by embracing water quantity as a concern along with water quality. The inclusion of hydrology is consistent with the CWA on several grounds. First, elevated runoff peak flow rates and volumes increase erosive shear stress on stream beds and banks and directly contribute particulate pollutants to the flow (such as suspended and settleable solids, as well as nutri- ents and other contaminants bound to the soil material). Conversely, reduced dry-weather flows often occur in urban streams as a result of lost groundwater recharge and tend to concentrate pollutants and, hence, worsen their biological effects. Moreover, pollutant mass loading is the product of concentration and flow volume, and thus increased wet-weather surface runoff directly augments the cumulative burden on receiving waters. Finally, regulatory precedent for incorporating hydrology exists, as demonstrated by Vermont’s stormwater pro- gram (LaFlamme, 2007). At this time, stormwater management and regulation are divorced from the management and regulation of municipal and industrial wastewater. A true wa- tershed-based approach would incorporate the full range of municipal and indus- trial sources, including (1) public streets and highways; (2) municipal stormwa- ter drainage systems; (3) municipal separate and combined wastewater collec- tion, conveyance, and treatment systems; (4) industrial stormwater and process wastewater discharges; (5) private residential and commercial property; and (6) construction sites. These many sources represent an array of uncoordinated permits under the current system and a strong challenge to developing a water- shed-based approach. As pointed out in Chapter 2, multi-source considerations are an implicit facet of TMDL assessments, wherein states must consider both point and nonpoint sources. EPA (2003b) identified, among other possible per- mit types, an Integrated Municipal NPDES Permit, which would bundle all re- quirements for a municipality (e.g., stormwater, combined sewer overflows, biosolids, pretreatment) into a single permit. The Tualatin River watershed in Oregon has faced this challenge, at least in part, through an innovative water- shed permit that combines both wastewater treatment and stormwater, brings in management of agricultural contributions to thermal pollution, and allows for pollutant trading among sources (see Box 6-2). It appears that the various par- ticipating parties did not use their energies in trying to allocate blame but instead determined the most effective and efficient ways of improving conditions. For example, the municipal permittees willingly offered incentives to agricultural landowners to plant riparian shade trees as an alternative to more expensive means of reducing stream temperatures under their direct control. Indeed, with agriculture not being regulated by the Clean Water Act, watershed permitting

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 481 BOX 6-2 Watershed-Based Permitting in Oregon Clean Water Services is a wastewater and stormwater utility that covers a special ser- vice district of 12 cities and unincorporated areas in urban Washington County, Oregon. It was originally chartered in the 1970s as the Unified Sewerage Agency to consolidate the management of 26 “package” wastewater treatment facilities. Its responsibilities expanded to stormwater management in the early 1990s and it now serves nearly 500,000 customers. There are four wastewater treatment plants (WWTPs) in the district, with a dry weather capacity of 71 million gallons per day (MGD). During low-flow months, the discharge from these plants can account for 50 percent of the water in the Tualatin River. The district also own rights to one-quarter of the stored water in Hagg Lake. The land use in the watershed is about one-third urban, one-third agriculture, and one-third forest. In 2001, the region was faced with TMDLs on the Tualatin River or its tributaries for to- tal phosphorus, ammonia, temperature, bacteria, and dissolved oxygen. By 2002, the area was also dealing with four expired NPDES permits and one expired MS4 permit (all of which had been administratively extended), approval of a second TMDL, and an Endan- gered Species Act (ESA) listing. The region decided that it wanted to try to integrate all of these programs using a watershed-based regulatory framework. This would include a TMDL implementation mechanism, an ESA response plan, and integrated water resources management (meaning that water quantity, water quality, and habitat considerations would be made at the same time). Prior to integration, water quality was covered by the TMDL and NPDES programs, but these programs did not cover water quantity and habitat issues. The ESA listing addressed the habitat issues, but it was done totally independently of the TMDLs and NPDES permits. Thus, the region applied for an integrated municipal NPDES permit that bundles all NPDES permit requirements for a municipality into a single permit, including publicly owned treatment works (POTWs), pretreatment, stormwater, sanitary sewer overflows, and biosol- ids. Initially, it encompassed the four WWTP permits, the one MS4 permit, and the indus- trial and construction stormwater permits. The hope was that this would streamline multiple permits and capture administrative and programmatic efficiencies; provide a mechanism for implementing more cost-effective technologies and management practices including water quality credit trading; integrate watershed management across federal statutes such as the CWA, SDWA, and ESA; and encourage early and meaningful collaboration and coopera- tion among key stakeholders. This case study was successful because a single entity—Clean Water Services—was already in charge of what would have otherwise been a group of individual permittees. Furthermore, all the NPDES permits had expired and the TMDL had just been issued, pro- viding a window of opportunity. The state regulatory agency was very willing, and EPA provided a $75,000 grant. Finally, there was a robust water quality database and modeling performed for the area because of the previous TMDL work. The watershed-based permit, the first in the nation, was issued February 26, 2004. Among its unique elements are an intergovernmental agreement companion document signed by the Oregon Department of Environmental Quality (DEQ), water quality credit trading, and consolidation of reporting requirements. The water quality trading is one of the most interesting elements, and sev- eral variations have been attempted. Biological oxygen demand (BOD) and NH3 have been traded both intra-facility and inter-facility. The temperature TMDL on the Tualatin River is a particularly interesting example of trading because it helped to bring agriculture into the process, where it would otherwise not have been involved. Along the length of the river, there are portions that exceed the tem- perature standard. A TMDL allocation was calculated that would lower temperatures by the continued next page

OCR for page 475
482 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES BOX 6-2 Continued same amount everywhere, such that there would be no point along the river that would be in exceedance. Options for reducing temperature include reducing the influent wastewater temperature (which is hard to do), reducing the total WWTP discharge to the Tualatin River (which is not practical), mechanically cooling or refrigerating WWTP discharge (which would require more energy), or trading the heat load via flow augmentation and increased shading (which is what was attempted). Clean Water Services choose to utilize a market-based, watershed approach to meet the Tualatin temperature TMDL. It was market-based because it had financial incentives for certain groups to participate, it was cost-effective, and it provided ancillary ecosystem services. It was a watershed-based approach because it capitalized on the total assimila- tive capacity of the basin. What was done was to (1) provide cooling and in-stream flow augmentation by releasing water from Hagg Lake Reservoir, and (2) trade riparian stream surface shading improvement credits. They also reused WWTP effluent in lieu of irrigation withdrawals. For the riparian shading, they developed an “enhanced” CREP program to increase the financial incentives to rural landowners (with Clean Water Services paying the difference over existing federal and state programs). Clean Water Services also made incentive payments to the Soil and Water Conservation District to hire people to act as agents of Clean Water Services. Oregon DEQ’s Shadalator model was used to quantify thermal credits for riparian planting projects, which required that information be collected at 100-foot increments along the stream on elevation, aspect, wetted width, Nordfjord-Sogn Detachment Zone, channel incision, and plant type and planting corridor width. To summa- rize, over the five-year term of the permit, Clean Water Services will release 30 cfs/d of stored water from Hagg Lake each July and August and shade roughly 35 miles of tributary riparian area (they have already planted 34 miles of riparian buffer). This plan involved an element of risk taking, since the actions of unregulated parties (such as farmers) have sud- denly become the responsibility of Clean Water Services. and initiatives of this type represent the best, and perhaps only, mechanism for ameliorating negative effects of agricultural runoff that, left unattended, would undo gains in managing urban runoff. The Neuse River case study, discussed later in this chapter, is another example of bringing agricultural contributions to aquatic degradation under control, along with urban sources, through a water- shed-based approach. Significant disadvantages of the current system of separate permits for mu- nicipal, construction, and industrial activities are (1) the permits attack the prob- lem on a piecemeal basis, (2) they are hard to coordinate because they expire at different times, (3) they are not designed to allow for long-term operation of SCMs, and (4) they do not cover all discharges. A solution to these problems would be to integrate all discharge permitting under municipal authority, as is proposed here. The lead permittee and co-permittees would bear ultimate re- sponsibility for meeting watershed goals and would regulate all public and pri- vate discharges within their jurisdictions to attain them. Municipalities are the natural focus for this role because they are the center of land-use decisions throughout the nation. Municipalities must be provided with substantially greater resources than they have now to take on this increased responsibility. Beyond funding, regula-

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 483 tory responsibilities must be realigned to some degree. The norm now is for states to administer industrial permits directly and generally attend to all aspects of permit management. However, states, more often than not, are unable be- cause of resource limitations to give permittees much attention in the form of inspection and feedback to ensure compliance. At the same time, some states, explicitly or implicitly, expect municipal permittees to set up programs to meet water quality standards in the waters to which all land uses under their jurisdic- tions discharge.1 It only makes sense in this situation to have designated states (or EPA for the others) specify criteria for industrial and construction permits but revise regulations to empower and support municipal co-permittees in com- pliance-related activities. This paradigm is not unprecedented in environmental permitting, as under the Clean Air Act, states develop state implementation plans for implementation by local entities. For this new arrangement to work, states would have to be comfortable that municipalities could handle the respon- sibility and be able to exercise the added authority granted. The committee’s opinion is that municipalities generally do have the capability, working together as co-permittees with a large-jurisdiction lead permittee and with guidance and support from states. It bears noting at the outset that the proposed new program would not re- duce the present system’s reliance on general permits. Whereas a general permit now can be issued to a group of municipalities having differing circumstances, under the new system a permit could just as well be formulated in the same way for a group of varying watersheds. General industrial and construction permits would be just as prevalent too. Toward Watershed-Based Permitting Watershed-based permitting is taken in this report to mean regulated allow- ance of discharges of water and wastes borne by those discharges to waters of the United States, with due consideration of (1) the implications of those dis- charges for preservation or improvement of prevailing ecological conditions in the watershed’s aquatic systems, (2) cooperation among political jurisdictions sharing a watershed, and (3) coordinated regulation and management of all dis- charges having the potential to modify the hydrology and water quality of the watershed’s receiving waters. 1 For example, the second Draft Ventura County [California] Municipal Separate Storm Sewer System Permit states (under Findings D. Permit Coverage), “Provisions of this Or- der apply to the urbanized areas of the municipalities, areas undergoing urbanization and areas which the Regional Water Board Executive Officer determines are discharging storm water that causes or contributes to a violation of a water quality standard … .” The permit further states (under Part 2—Receiving Water Limitations), “1. Discharges from the MS4 that cause or contribute to a violation of water quality standards are prohibited. … 3. … This Order shall be implemented to achieve compliance with receiving water limitations. If exceedence(s) of water quality objectives or water quality standards persist … the Permit- tee shall assure compliance with discharge prohibitions and receiving water limitations … .”

OCR for page 475
484 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES Determining Watershed Scale for Permitting A fundamental question that must be answered at the outset of any move to watershed permitting is, What is a watershed? Hydrologically, a watershed is the rain catchment area draining to a point of interest. Hence, the question comes down to, Where should the point of interest be located to define water- sheds for permitting purposes? If placed close to the initial sources of surface runoff (e.g., on each first-order stream just above its confluence with another first-order stream), attention would be very specifically directed. However, there would be little flexibility to devise solutions for the greatest good. For example, trading of the commodities runoff quantity and quality would be very restricted. If on the other hand the point of interest is placed far downstream, thus defining a very large watershed, a welter of issues, and probably also of involved jurisdictions, would overly confuse the management and regulatory task. The U.S. Geological Survey (USGS) delineates watersheds in the United States using a nationwide system based on surface hydrologic features. This system divides the country into 21 regions, 222 subregions, 352 accounting units, and 2,262 cataloging units. These hydrologic units are arranged within each other, from the smallest (cataloging units) to the largest (regions). USGS identifies each hydrologic unit by a unique hydrologic unit code (HUC) consist- ing of 2 to 16 digits based on the four levels of classification in the hydrologic unit system. Watersheds thus delineated are typically of the order a few square kilometers in area. This system is now being linked to the National Hydrogra- phy Dataset (NHD) and the National Land Cover Dataset to produce NHDPlus, an integrated suite of application-ready geospatial datasets. The USGS system provides a starting point. Ultimately, though, what con- stitutes a watershed will best be answered with reference to specific biogeo- physical conditions and problems and by personnel at relatively close hand (i.e., state or regional oversight agency staff). A general guideline might be the catchment area of a waterbody influenced by a set of similar subwatersheds. Similar subbasins would presumably be amenable to similar solutions and trad- ing off reduced efforts in some places for compensating additional efforts else- where, as well as to analysis and monitoring on a representative basis, instead of exhaustively throughout. Often, a watershed defined in this way would flow into another watershed and influence it. Thus, there would have to be coordina- tion among managers and regulators of interacting watersheds. It would be common for several watersheds ranging from relatively small to large in scale to be nested. Each would have its management team, and a committee drawn from those teams should be formed to coordinate goals and actions. A prerequisite to moving toward watershed permitting, then, is for states or regions within states to delineate watersheds. California took this step early in the NPDES stormwater permitting process and offers a model in this respect, as well as in encompassing all jurisdictions coordinated by a lead permittee. First, the state organized its California EPA regional water boards on a watershed ba-

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 485 sis. Furthermore, since 1992 it has been common in California to establish one jurisdiction as the lead permittee (e.g., Los Angeles County in the Los Angeles region, Orange County in the Santa Ana Region, and San Diego County in the San Diego Region) and all of the politically separate cities as co-permittees. The lead permittee has typically been the jurisdiction most widely distributed geographically in the region and large enough to develop compliance mecha- nisms and coordinate their implementation among all participants. Box 6-3 de- scribes the approach taken to delineating management units within the Chesa- peake Bay watershed, which comprises parts of Pennsylvania, Maryland, Vir- ginia, and the District of Columbia. The case study illustrates well the approach advocated here of focusing on the outcome in the receiving water and consider- ing all aspects of land and water resources management that determine that out- come. Steps Toward Watershed-Based Permitting Once a watershed is defined, a further question arises regarding how much and what part of its territory to cover formally under permit conditions. Under the present system substantial development occurring outside Phase I or Phase II municipal jurisdictions is escaping coverage. Failing to control relatively high levels of development both outside a permitted jurisdiction and upstream of more lightly developed areas within a permitted area is particularly contrary to the watershed approach. Areas having a more urban than rural character are already essentially treated as urban in water supply and sewer planning, and the same should occur in the area of stormwater management. Accordingly, the permit should extend to any area in the watershed, even if outside Phase I or II jurisdictions, zoned or otherwise projected for development at an urban scale (e.g., more than one dwelling per acre). States do have authority under the CWA to designate any area for Phase II coverage based on projected growth or the presence of impact sources. They should be required to do so for nationwide uniformity and best protection of water resources. It is essential to clarify that watershed-based permitting as formulated in this chapter differs sharply from what has been termed watershed (or basin) planning. According to EPA, watershed planning “identifies broad goals and objectives, describes environmental problems, outlines specific alternatives for restoration and protection, and documents where, how, and by whom these ac- tion alternatives will be evaluated, selected, and implemented” (http://www.epa. gov/watertrain/planning/planning7.htm). Drawing up such a plan is a time- consuming process, which has often become an end in itself, instead of a means to an end. Completing a full watershed plan, as usually construed, should not be a prerequisite to watershed-based permitting. Rather, the anticipated process would spring much more from comprehensive, advanced scientific and technical analysis of the water resources to be managed and their contributing catchment areas than from a planning framework.

OCR for page 475
552 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES pollutant of concern. • Phase II MS4s should be encouraged to make incremental financial contributions to a state or regional stormwater monitoring research collaborative to conduct basic research on SCM performance and longevity. Although the committee knows of no examples where this has been accomplished, this pool- ing of financial resources by multiple MS4s should produce more useful scien- tific data to support municipal programs than could be produced by individual MS4s alone. Phase II communities that do not participate in the research col- laborative would be required to perform their own outfall and/or SCM perform- ance monitoring, at the discretion of the state or federal permitting authority. • All MS4s should be required to indicate in their annual reports and permit renewal applications how they incorporated research findings into their existing stormwater programs, ordinances, and design manuals. CONCLUSIONS AND RECOMMENDATIONS The watershed-based permitting program outlined in the first part of this chapter is ultimately essential if the nation is to be successful in arresting aquatic resource depletion stemming from sources dispersed across the landscape. Smaller-scale changes to the EPA stormwater program are also possible. These include integration of industrial and construction permittees into municipal per- mits (“integration”), as well as a number of individual changes to the current industrial, construction, and municipal programs. Improvements to the stormwater permitting program can be made in a tiered manner. Thus, individual recommendations specific to advancing one part of the municipal, industrial, or construction stormwater programs could be imple- mented immediately and with limited additional funds. “Integration” will need additional funding to provide incentives and to establish partnerships between municipal permittees and their associated industries. Finally, the watershed- based permitting approach will likely take up to ten years to implement. The following conclusions and recommendations about these options are made: The greatest improvement to the EPA’s Stormwater Program would be to convert the current piecemeal system into a watershed-based permitting system. The proposed system would encompass coordinated regulation and management of all discharges (wastewater, stormwater, and other diffuse sources), existing and anticipated from future growth, having the potential to modify the hydrology and water quality of the watershed’s receiving waters. The committee proposes centralizing responsibility and authority for im- plementation of watershed-based permits with a municipal lead permittee work- ing in partnership with other municipalities in the watershed as co-permittees,

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 553 with enhanced authority and funding commensurate with increased responsibil- ity. Permitting authorities would adopt a minimum goal in every watershed to avoid any further loss or degradation of designated beneficial uses in the water- shed’s component waterbodies and additional goals in some cases aimed at re- covering lost beneficial uses. The framework envisions the permitting authori- ties and municipal co-permittees working cooperatively to define careful, com- plete, and clear specific objectives aimed at meeting goals. Permittees, with support from the permitting authority, would then move to comprehensive scientific and technically based watershed analysis as a founda- tion for targeting solutions. The most effective solutions are expected to lie in isolating, to the extent possible, receiving waterbodies from exposure to those impact sources. In particular, low-impact design methods, termed Aquatic Re- sources Conservation Design in this report, should be employed to the full ex- tent feasible and backed by conventional SCMs when necessary. This report also outlines a monitoring program structured to assess progress toward meeting objectives and the overlying goals, diagnosing reasons for any lack of progress, and determining compliance by dischargers. The new concept further includes market-based trading of credits among dischargers to achieve overall compli- ance in the most efficient manner and adaptive management to program addi- tional actions if monitoring demonstrates failure to achieve objectives. Integration of the three permitting types, such that construction and industrial sites come under the jurisdiction of their associated municipali- ties, would greatly improve many deficient aspects of the stormwater pro- gram. Federal and state NPDES permitting authorities do not presently have, and can never reasonably expect to have, sufficient personnel to inspect and enforce stormwater regulations on more than 100,000 discrete point source fa- cilities discharging stormwater. A better structure would be one where the NPDES permitting authority empowers the MS4 permittees to act as the first tier of entities exercising control on stormwater discharges to the MS4 to protect water quality. The National Pretreatment Program, EPA’s successful treatment program for municipal and industrial wastewater sources, could serve as a model for integration. Short of adopting watershed-based permitting or integration, a variety of other smaller-scale changes to the EPA stormwater program could be made now, as outlined below. EPA should issue guidance for MS4, MSGP, and CGP permittees on what constitutes a design storm for water quality purposes. Precipitation events occur across a spectrum from small, more frequent storms to larger and more extreme storms, with the latter being a more typical focus of guidance manuals to date. Permittees need guidance from regional EPA offices on what water quality considerations to design SCMs for beyond issues such as safety of human life and property. In creating the guidance there should be a good faith

OCR for page 475
554 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES effort to integrate water quality requirements with existing stormwater quantity requirements. EPA should issue guidance for MS4 permittees on methods to identify high-risk industrial facilities for program prioritization such as inspections. Two visual methods for establishing rankings that have been field tested are provided in the chapter. Some of these high-risk industrial facilities and con- struction sites may be better covered by individual NPDES stormwater permits rather than the MSGP or the CGP, and if so would fall directly under the permit- ting authority and not be part of MS4 integration. EPA should support the compilation and collection of quality industrial stormwater effluent data and SCM effluent quality data in a national data- base. This database can then serve as a source for the agency to develop tech- nology-based effluent guidelines for stormwater discharges from industrial sec- tors and high-risk facilities. EPA should develop numerical expressions to represent the MS4 stan- dard of Maximum Extent Practicable. This could involve establishing mu- nicipal action levels based on expected outfall pollutant concentrations from the National Stormwater Quality Database, developing site-based runoff and pollut- ant load limits, and setting turbidity limits for construction sites. Such numeri- cal expressions would create improved accountability, bring about consistency, and result in implementation actions that will lead to measurable reductions in stormwater pollutants in MS4 discharges. Communities should use an urban stream classification system, such as a regionally adapted version of the Impervious Cover Model, to establish realistic water quality and biodiversity goals for individual classes of sub- watersheds. The goals for water and habitat quality should become less strin- gent as impervious cover increases within the subwatershed. This should not become an excuse to work less diligently to improve the most degraded water- ways—only to recognize that equivalent, or even greater, efforts to improve water quality conditions will achieve progressively less ambitious results in more highly urbanized watersheds. This approach would provide stormwater managers with more specific, measurable, and attainable implementation strate- gies than the one-size-fits-all approach that is promoted in current wet weather management regulations. Better monitoring of MS4s to determine outcomes is needed. Only a small fraction of MS4 communities have provided measurable outcomes with regard to aggregate flow and pollutant reduction achieved by their municipal stormwater programs. A framework and methods to evaluate program effec- tiveness for each of the six minimum management measures have been outlined by CASQA (2007) and should be adopted. In addition, the lack of monitoring

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 555 requirements in the Phase II stormwater program makes it virtually impossible to measure or track actual pollutant load or runoff volume reductions achieved. It is recommended that both Phase I and II MS4s shift to a more collaborative monitoring paradigm to link management efforts to receiving water quality. *** Watershed-based permitting will require additional resources and regulatory program support. Such an approach shifts more attention to ambi- ent outcomes as well as expanded permitting coverage. Additional resources for program implementation could come from shifting existing programmatic re- sources. For example, some state permitting resources may be shifted away from existing point source programs toward stormwater permitting. Strategic planning and prioritization could shift the distribution of federal and state grant and loan programs to encourage and support more watershed-based stormwater permitting programs. However, securing new levels of public funds will likely be required. All levels of government must recognize that additional resources may be required from citizens and businesses (in the form of taxes, fees, etc.) in order to operate a more comprehensive and effective stormwater permitting pro- gram. REFERENCES April, S., and T. Greiner. 2000. Evaluation of the Massachusetts Environmental Results Program. Washington, DC: National Academy of Public Admini- stration.. Atkins, J. R., C. Hollenkamp, and J. Sauber. 2007. Testing the watershed: North Carolina’s NPDES Discharge Coalition Program enables basinwide monitoring and analysis. Water Environment & Technology 19(6). Bellucci, C. 2007. Stormwater and Aquatic Life: Making the Connection Be- tween Impervious Cover and Aquatic Life Impairments for TMDL Devel- opment in Connecticut Streams. Pp. 1003-1018 In: TMDL 2007. Alexan- dria, VA: Water Environment Federation. Bromberg, K. 2007. Comments to the NRC Committee on Stormwater Dis- charge Contributions to Water Pollution, January 22, 2007, Washington, DC. Burton, G. A., and R. E. Pitt. 2002. Stormwater Effects Handbook. Boca Raton, FL: Lewis/CRC Press. California EPA, State Water Board. 2006. Storm Water Panel Recommenda- tions—The Feasibility of Numeric Effluent Limits Applicable to Discharges of Storm Water Associated with Municipal, Industrial, and Construction Activities. Available at http://www.cacoastkeeper.org/assets/pdf/Storm- WaterPanelReport_06.pdf. Campbell, R. M. 2007. Achieving a Successful Storm Water Permit Program in Oregon. Natural Resources & Environment 21(4):39-44.

OCR for page 475
556 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES CASQA (California Stormwater Quality Association). 2007. Municipal Stormwater Program Effectiveness Assessment Guidance. Los Angeles. Available at info.casqa@org. Chapman, C. 2006. Performance Monitoring of an Urban Stormwater Treat- ment System. Master's Thesis, University of Washington, Seattle. City of Austin. 2006. Stormwater Runoff Quality and Quantity from Small Watersheds in Austin, TX. Austin, TX: Watershed Protection Department, Environmental Resources Management Division. City of San Diego. 2007. Strategic Plan for Watershed Activity Implementa- tion. San Diego, CA: Stormwater Pollution Prevention Division. Clark, S., R. Pitt, S. Burian, R. Field, E. Fan, J. Heaney, and L. Wright. 2006. The Annotated Bibliography of Urban Wet Weather Flow Literature from 1996 through 2005. Note: Publisher not shown. Clausen, J. C., and J. Spooner. 1993. Paired Watershed Study Design, 841-F- 93-009. Washington, DC: EPA Office of Water. Connecticut Department of Environmental Protection. 2007. A Total Maxi- mum Daily Load Analysis for Eagleville Brook, Mansfield, CT. Hartford: State of Connecticut Department of Environmental Protection. Available at http://www.ct.gov/dep/lib/dep/water/tmdl/tmdl_final/eaglevillefinal.pdf. Cosgrove, J. F. 2002. TMDLs: A simplified approach to pollutant load deter- mination. WEFTEC 2002 Conference Proceedings September 2002. Alex- andria, VA: Water Environment Federation. Crockett, C. 2007. The regulated perspective of stormwater management. Presentation to the NRC Committee on Stormwater Discharge Contribu- tions to Water Pollution. January 22, 2007. Washington, DC. Cross, L. M., and L. D. Duke. 2008. Regulating industrial stormwater: state permits, municipal implementation, and a protocol for prioritization. Jour- nal of the American Water Resources Association 44(1):86-106. Cutter, W. B., K. A. Baerenklau, A. DeWoody, R. Sharma, and J. G. Lee. 2008. Costs and benefits of capturing urban runoff with competitive bidding for decentralized best management practices. Water Resources Research, doi:10.1029/2007WR006343. DeWoody, A. E. 2007. Determining Net Social Benefits from Optimal Parcel- Level Infiltration of Urban Runoff: A Los Angles Analysis. M.S. Thesis. University of California, Riverside. Doll, A., and G. Lindsey. 1999. Credits bring economic incentives for onsite stormwater management. Watershed and Wet Weather Technical Bulletin 4(1):12-15. Duke, L. D. 2007. Industrial stormwater runoff pollution prevention regula- tions and implementation. Presentation to the National Research Council Committee on Reducing Stormwater Discharge Contributions to Water Pol- lution, Seattle, WA, August 22, 2007. Duke, L. D., and C. A. Augustenborg. 2006. Effectiveness of self identified and self-reported environmental regulations for industry: the case of storm water runoff in the U.S. Journal of Environmental Planning and Manage-

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 557 ment 49:385-411. Duke, L. D., and P. Beswick. 1997. Industry compliance with storm water pol- lution prevention regulations: the case of transportation industry facilities in California and the Los Angeles region. Journal of the American Water Re- sources Association 33:825-838. Ellerman, A. D., P. L. Joskow, R. Schmalensee, J. P. Montero, and E. M. Bai- ley. 2000. Markets for Clean Air: the U.S. Acid Rain Program. New York: Cambridge University Press. EPA (U. S. Environmental Protection Agency). 1991. Technical Support Document for Water Quality-Based Toxics Control. EPA-505/2-90-001. Washington, DC: EPA Office of Water Enforcement and Permits. EPA. 1999. Introduction to the National Pretreatment Program. EPA-833-B- 98-002. Washington, DC: EPA Office of Wastewater Management. EPA. 2002. Establishing total maximum daily load (TMDL) Wasteload alloca- tions (WLAs) for storm water sources and NPDES permit requirements based on those WLAs. Memorandum from Robert Wayland, Director, Of- fice of Wetlands, Oceans, and Watersheds to Jim Hanlon, Director, Office of Water, November 22, 2002. Available at www.epa.gov/npdes/pubs/ final-wwtmdl.pdf. EPA. 2003a. Watershed-Based NPDES Permitting Policy Statement. In Water- shed-Based National Pollutant Discharge Elimination System (NPDES) Permitting Implementation Guidance. EPA, Washington, DC. EPA. 2003b. Watershed-Based National Pollutant Discharge Elimination Sys- tem (NPDES) Permitting Implementation Guidance. EPA, Washington, DC. EPA. 2007a. Watershed-Based NPDES Permitting Technical Guidance (draft). EPA, Washington, DC. EPA. 2007b. Water Quality Trading Toolkit for Permit Writers. EPA 833-R- 07-004. Washington, DC: EPA Office of Wastewater Management, Water Permits Division. EPA. 2007c. Understanding Impaired Waters and Total Maximum Daily Load (TMDL Requirements for Municipal Stormwater Programs. EPA 883-F- 07-009. Philadelphia, PA: EPA Region 3. Freedman, P., L. Shabman, and K. Reckhow. 2008. Don’t Debate; Adaptive implementation can help water quality professionals achieve TMDL goals. WE&T Magazine August 2008:66-71. Frie, S., L. Curtis, and S. Martin. 1996. Financing regional stormwater facili- ties. In: Managing Virginia’s Watersheds in the 21st Century: Workable So- lutions. Proceedings from the 9th Annual Virginia Water Conference, Staunton. Grumbles, B. 2006. Qualifying Local Programs for Construction Site Storm Water Runoff. Memorandum from EPA Assistant Administrator Ben Grumbles to James Mac Indoe, Alabama Dept. of Environmental Manage- ment. May 8. Hetling, L .J., A Stoddard, and T. N. Brosnan. 2003. Effect of water quality

OCR for page 475
558 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES management efforts on wastewater loadings during the past century. Water Environment Research 75(1):30. Hirschman, D., K. Collins, and T. Schueler. 2008. Draft Virginia Stormwater Management Nutrient Design System. Prepared for Technical Advisory Committee and Virginia Department of Conservation and Recreation. Elli- cott City, MD: Center for Watershed Protection. Holling, C. S., ed. 1978. Adaptive Environmental Assessment and Manage- ment. Caldwell, NJ: Blackburn Press. Holling, C. S., and A. D. Chambers. 1973. Resource science: The nurture of an infant. BioScience 23:13-20. Horner, R. R., and C. Chapman. 2007. NW 110th Street Natural Drainage Sys- tem Performance Monitoring, with Summary of Viewlands and 2nd Avenue NW SEA Streets Monitoring. Report to Seattle Public Utilities by Depart- ment of Civil and Environmental Engineering, University of Washington, Seattle. Horner, R. R., H. Lim, and S. J. Burges. 2002. Hydrologic Monitoring of the Seattle Ultra-Urban Stormwater Management Projects, Water Resources Series Technical Report No. 170. Department of Civil and Environmental Engineering, University of Washington, Seattle. Horner, R. R., H. Lim, and S. J. Burges. 2004. Hydrologic Monitoring of the Seattle Ultra-Urban Stormwater Management Projects: Summary of the 2000-2003 Water Years. Water Resources Series Technical Report 181. Department of Civil and Environmental Engineering, University of Wash- ington, Seattle. Horner, R., C. May, E. Livingston, D. Blaha, M. Scoggins, J. Tims, and J. Max- ted. 2001. Structural and non-structural BMPs for protecting streams. Pp. 60-77 In: Linking Stormwater BMP Designs and Performance to Receiving Water Impact Mitigation. Proceedings Engineering Research Foundation Conference. American Society of Civil Engineers. Horner, R., J. Guedry, and M. Kortenhof. 1990. Improving the Cost- Effectiveness of Highway Construction Site Erosion and Sediment Control. Washington State Department of Transportation. Seattle, WA: Department of Civil Engineering, University of Washington. Keller, B. 2003. Buddy can you spare a dime? What is stormwater funding. Stormwater 4:7. LaFlamme, P. 2007. Presentation to the Committee on Stormwater Discharge Contributions to Water Pollution, January 22, 2007, Washington, DC. Lee, H., X. Swamikannu, D. Radulescu, S. Kim, and M. K. Stenstrom. 2007. Design of stormwater monitoring programs. Journal of Water Research, doi:10.1016/j.watres.2007.05.016. Longsworth, J. 2007. Comments to the NRC Committee on Stormwater Dis- charge Contributions to Water Pollution. January 22, 2007, Washington, DC. Los Angeles County Department of Public Works. 2001. Los Angeles County 1994-2000 Integrated Receiving Water Impacts Report. Available at

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 559 http://ladpw.org/wmd/NPDES/IntTC.cfm. Maimone, M. 2002. Prioritization of contaminant sources for the Schuylkill River source water assessment. Presentation at the Watershed 2002 Spe- cialty Conference, Ft. Lauderdale, FL, February 23-27. NRC (National Research Council). 1990. Monitoring Southern California’s Coastal Waters. Washington, DC: National Academy Press. NRC. 1999. New Strategies for America’s Watersheds. Washington, DC: Na- tional Academy Press. NRC. 2001a. Assessing the TMDL Approach to Water Quality Management. Washington, DC: National Academy Press. NRC. 2001b. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: National Academy Press. Natural Resources Conservation Service. 2007. Part 630 Hydrology, National Engineering Handbook, Chapter 7, Hydrologic Soil Groups. Washington, DC: U.S. Department of Agriculture. Nirel, P. M., and R. Revaclier. 1999. Assessment of sewage treatment plant effluents impact on river water quality using dissolved Rb:Sr ratio. Envi- ronmental Science and Technology 33(12):1996. North Carolina Division of Water Quality. 1999. Neuse River Basin Model Stormwater Program for Nitrogen Control. Available at http://h2o.enr.state.nc.us/su/Neuse_SWProgram_Documents.htm. Last ac- cessed November 2007. Office of Inspector General. 2007. Development Growth Outpacing Progress in Watershed Efforts to Restore the Chesapeake Bay. Report 2007-P-000031. Washington, DC: U.S. Environmental Protection Agency. Parikh, P., M. A. Taylor, T. Hoagland, H. Thurston, and W. Shuster. 2005. Application of market mechanism and incentives to reduce stormwater run- off: an integrated hydrologic, economic, and legal approach. Environ- mental Science and Policy 8:133-144. Pitt, R., A, Maestre, and R. Morquecho. 2004. National Stormwater Quality Database. Version 1.1. Available at http://rpitt.eng.ua.edu/Research/ ms4/Paper/Mainms4paper.html. Last accessed January 28, 2008. Schiff, K., D. Ackerman, E. Strecker, and M. Leisenring. 2007. Concept devel- opment: design storm for water quality in the Los Angeles region. Southern California Coastal Water Research Project. Costa Mesa. Schueler, T. 2008b. Technical Support for the Baywide Runoff Reduction Method. Baltimore, MD: Chesapeake Stormwater Network. Available at www.chesapeakestormwater.net. Schueler, T. 2004. An Integrated Framework to Restore Small Urban Water- sheds. Manual 1. Urban Subwatershed Restoration Manual Series. Ellicott City, MD: Center for Watershed Protection. Schueler, T. 2008a. Final Bay-wide Stormwater Action Strategy: Recommen- dations for Moving Forward in the Chesapeake Bay. Baltimore, MD: Chesapeake Stormwater Network. Schueler, T., D. Hirschman, M. Novotney, and J. Zielinski. 2007. Urban

OCR for page 475
560 URBAN STORMWATER MANAGEMENT IN THE UNITED STATES Stormwater Retrofit Practices. Ellicott City, MD: Center for Watershed Protection. Shabman, L., and K. Stephenson. 2007. Achieving nutrient water quality goals: bringing market-like principles to water quality management. Journal of American Water Resources Association 43(4):1076-1089. Shabman, L., and P. Scodari. 2004. Past, Present, and Future of Wetland Credit Sales. Discussion Paper 04-48. Washington, DC: Resources for the Future. Shabman, L., K. Reckhow, M. B. Beck, J. Benaman, S. Chapra, P. Freedman, M. Nellor, J. Rudek, D. Schwer, T. Stiles, and C. Stow. 2007. Adaptive Implementation of water quality improvement plans: opportunities and challenges. Durham, NC: Duke University. Shabman, L., K. Stephenson, and W. Shobe. 2002. Trading programs for envi- ronmental management: reflections on the air and water experiences. Envi- ronmental Practice 4:153-162. Shaver, E., R. Horner, J. Skupien, C. May, and G. Ridley. 2007. Fundamentals of Urban Runoff Management: Technical and Institutional Issue, 2nd Ed. Madison, WI: North American Lake Management Society. Smith, B. 2007. Comments to the NRC Committee on Stormwater Discharge Contributions to Water Pollution. January 22, 2007, Washington, DC. Stenstrom, M. K., and H. Lee. 2005. Final Report. Industrial Stormwater Monitoring Program. Existing Statewide Permit Utility and Proposed Modifications. Stephenson, K., and L. Shabman. 2005. The use and opportunity of cooperative organizational forms as an innovative regulatory tool under the Clean Water Act. Paper presented at the Southern Agricultural Economics Association Annual Meetings Little Rock, AK, February 5-9, 2005. Stephenson, K., L. Shabman, and J. Boyd. 2005. Taxonomy of trading pro- grams: Concepts and applications to TMDLs. Pp. 253-285 In: Total Maxi- mum Daily Loads: Approaches and Challenges. Tamim Younos (ed.). Tulsa, OK: Pennwell Press. Stephenson, K., L. Shabman, and L. Geyer. 1999. Watershed-based effluent allowance trading: Identifying the statutory and regulatory barriers to im- plementation. Environmental Lawyer 5(3):775-815. Stephenson, K., P. Norris, and L. Shabman. 1998. Watershed-based effluent trading: the nonpoint source challenge. Contemporary Economic Policy 16:412-421. Thurston, H. W., H. C. Goddard, D. Szlag, and B. Lemberg. 2003. Controlling storm-water runoff with tradable allowances for impervious surfaces. Jour- nal of Water Resources Planning and Management 129(5):409-418. Vermont Department of Environmental Conservation. 2006. Total Maximum Daily Load to Address Biological Impairment Potash Brook (VT05-11). Chittenden County, Vermont. Virginia DCR (Virginia Department of Conservation and Recreation). 2007. Virginia Stormwater Management Program Permit Regulations, Chapter 60. Wagner, W.E. 2006. Stormy regulations: The problems that result when storm

OCR for page 475
INNOVATIVE STORMWATER MANAGEMENT AND REGULATORY PERMITTING 561 water (and other) regulatory programs neglect to account for limitations in scientific and technical programs. Chapman Law Review 9(2):191-232. Wenger, S., T. Carter, R. Vick, and L. Fowler. 2008. Runoff limits: an ecologi- cally based stormwater management program. Stormwater April/May. Available at http://www.stormh2o.com/march-april-2008/ecologically- stormwater-management.aspx. Woodward, R. T., R. A. Kaiser, and A. B. Wicks. 2002. The structure and practice of water quality trading markets. Journal of the American Water Resources Association 38:967-979. Zeng, X., and T. C. Rasmussen. 2005. Multivariate statistical characterization of water quality in Lake Lanier, Georgia, USA. Journal of Environmental Quality 34(6):1980-1991.

OCR for page 475