Low Impact Development Key to Washington's Stormwater Permit Changes

"We modified these permits because of dramatic budget cutbacks we've seen in local governments that undermine the success of these permits," said Ecology Director Jay Manning.

"These modifications strike a balance by providing flexibility and reducing costs for municipalities. The modifications do not reduce our focus on clean water and water quality standards," Manning said.

The modifications provide requirements for low-impact development for all Phase 1 municipalities, which are those with populations of more than 100,000 and for smaller Phase 2 municipalities in Western Washington, in keeping with two state Pollution Board rulings. These municipalities must complete their revised ordinances by August 2009.

Low-impact development includes use of vegetation, porous pavement and rain gardens to collect rainwater and reduce uncontrolled runoff.

Bioswales in West Seattle's High Point neighborhood absorb stormwater. (Photo by Just Smart Design)

In addition, Ecology modified the Phase 1 permit, and the Western Washington Phase 2 permit, to allow a gradual ramping up of inspection requirements over several years.

Phase 2 municipalities in Western Washington are allowed a six-month extension in their due date to complete their ordinances, from August 2009 to February 2010.

Eastern Washington Phase 2 communities are provided an extension of an additional year, until February 2011, to put their codes into effect and to upgrade their maintenance and operations plans.

The state Pollution Control Hearings Board ruled in August 2008 that Ecology must add low-impact development requirements to the Phase I permit that apply to local governments covered under the permits. The PCHB ruled in February 2009 that Ecology begin to prepare Western Washington Phase II permittees for future implementation of low-impact development.

The accommodation for budget cutbacks satisfies comments expressed by the Association of Washington Cities during the public process leading up to the announcement of the new requirements on June 17.

In a letter to the Department of Ecology dated May 5, 2009, AWC President Karen Rogers wrote, "As you know, we have an overarching concern regarding unfunded mandates resulting from these permit actions. Given the budget recently approved by the Legislature which included a funds diversion from the Public Works Trust Fund, reductions in surface water grant funding and declining revenue for most cities, there must be a reduction in the cost of compliance with the permits."

But environmental groups take the opposing view. In a letter to the Department of Ecology dated April 30, 2009, Jan Hasselman, attorney for Puget Soundkeeper Alliance and People for Puget Sound, wrote, "While Ecology's willingness to extend deadlines appears to be based on a consideration of the costs of compliance with the permit, Ecology should be giving equal if not greater consideration to the costs of noncompliance."

"Even the PCHB found that the failure to use the most effective stormwater controls exacts enormous costs on the region," Hasselman wrote. "Study after study has found that the costs of poorly regulated stormwater runoff on Western Washington's environment, economy, tourism, fisheries, treaty obligations, and other resources are enormous.

"The region has made a commitment to recover Puget Sound's health by 2020 - an ambitious schedule that will require a significant and sustained commitment from all of the permittees as well as the state. Delays in implementing the permit will make achieving this goal even more difficult."

Hasselman wrote, "There should be no reason that economic conditions will directly affect permittees' ability to comply with permit terms. Most permittees fund their programs through utility rate structures and - for provisions relating to new development and redevelopment - through permit fees to developers. Compliance with stormwater permit obligations are not generally funded out of general appropriations such that permittees need to make choices between complying with the permit and other public programs."

At this point, the Department of Ecology's Water Quality Program is initiating a structured and facilitated stakeholder process to develop definitions and standards for low impact development stormwater requirements in the Phase I Municipal Stormwater General Permit.

The U.S. EPA Region 10 has funded the state agency to conduct an eight-to-ten month process to develop recommendations from two advisory committees: a technical advisory committee and an implementation advisory committee.

Ecology has identified the expectations for the technical and implementation advisory committees and will solicit nominations for advisory committee membership in late June 2009 for a period of three weeks.

These committees will hold open public meetings with specific times on the agenda for public input. Ecology will post on its website information on the committee meetings including schedules, agendas, minutes, technical documents, contact information, and related materials.

At the end of the process, Ecology will make a decision on permit requirements and will amend the Phase I permit to include them. It will determine the timing to include LID requirements in a future Western Washington Phase II permit. Ecology also expects to incorporate these standards in the Stormwater Management Manual for Western Washington.

Click here to view the permit modifications and click here for a summary.

Copyright Environment News Service (ENS) 2009. All rights reserved.