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REGULATORY OVERVIEW OF MUNICIPAL STORMWATER ISSUES

REGULATORY OVERVIEW OF MUNICIPAL STORMWATER ISSUES. Kevin J. Garber, Esquire Babst, Calland, Clements, & Zomnir, P.C. Two Gateway Center, 8 th Floor Pittsburgh, Pa 15222 412-394-5404 kgarber@bccz.com. Evolution of Federal Stormwater Regulations. 1972 – Clean Water Act

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REGULATORY OVERVIEW OF MUNICIPAL STORMWATER ISSUES

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  1. REGULATORY OVERVIEW OF MUNICIPAL STORMWATER ISSUES Kevin J. Garber, Esquire Babst, Calland, Clements, & Zomnir, P.C. Two Gateway Center, 8th Floor Pittsburgh, Pa 15222 412-394-5404 kgarber@bccz.com

  2. Evolution of Federal Stormwater Regulations • 1972 – Clean Water Act • NPDES permitting of point source discharges • 1987 – Section 402(p) of CWA (33 U.S.C. § 1342(p)) • Phased approach to stormwater permitting • 1990 – Phase I Regulations (55 Fed. Reg. 47990) • Large and medium MS4s • 1999 – Phase II Regulations (64 Fed. Reg. 68722) • Regulated small MS4s

  3. Permitting of Small MS4s • MS4 – Municipal Separate Storm Sewer System • Permit deadline – March 10, 2003 • Most 2003 permits expire 2008 • PADEP permit options • Individual Permit • General Permit → PAG-13 • Joint Permit

  4. Small MS4 Obligations – PAG-13 • Stormwater Management Program • Six Minimum Controls • BMPs + Measurable Goals = Program • Implement by end of 1st permit term → 2008 • Enforceable by PADEP and 3rd parties • Annual Report • Protocol • Pre-Approved Program

  5. Six Minimum Controls • Public Education and Outreach • Public Participation and Involvement • Illicit Discharge Detection and Elimination* • Construction Site Runoff* • Post-Construction Runoff* • Pollution Prevention/Good Housekeeping

  6. What Lies Ahead? • PADEP Enforcement • Allegheny County COAs • SSOs/CSOs • 2008 Deadline for most regulated, small MS4s • PADEP and 3rd parties • Penalties • Costs of Repair Work • TMDLs • Effluent Limitations?

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