We're excited to announce that SESWA is collaborating with Clemson University to complete a summary of MS4 Permit information throughout the Southeast. The purpose of the project is to develop an easily-accessible source of comparative information on stormwater permitting practices in the eight states that comprise EPA Region 4. The information could be used by the Association or its members in researching best practices when implementing permit conditions or other regulatory issues. The project is expected to be completed by October of 2019.

SESWA conducts a Survey of Stormwater Utilties practices and trends throughout the Southeast and publishes a Final Report on the results every two years. The 2019 Southeast Stormwater Utility Report is now complete. The Report provides easy access to questions concerning rates, structure, billing methods, and many other policies and practices in stormwater utilities throughout the Southeast. Information contained in the Report is widely used by local stormwater managers and state policy makers throughout EPA Region 4. One USB Report has been provided to the primary contact within each SESWA member organization and to those non-members who returned a survey. Additional copies of the 2019 Southeast Stormwater Utility Report are available on the SESWA website, this resource is free to members.

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Kurt Spitzer, SESWA

Since the initial filing of a Motion for Summary Judgement by SESWA and its partner associations on March 15, 2019 in the District Court for the Northern District of Florida, several actions have occurred. First, reply briefs of the Environmental Protection Agency and the Intervenor environmental groups were filed in mid-April. SESWA's response to those briefs was filed on April 19, 2019. The judge could request oral arguments by the parties or could render a decision. SESWA's motion asks the Court to invalidate the 2015 WOTUS rule and was filed in an effort to proactively protect the interests of SESWA members and local stormwater programs in the event that a replacement rule is not adopted and finalized. A decision or a request for oral arguments by the judge could occur before the end of June.

Kurt Spitzer, SESWA

The US Supreme Court has granted a request to review a case where municipal and other interests are hoping to reverse a pair of circuit court decisions imposing CWA liability for pollution that flows through groundwater into surface waters. The Court granted a request from the County of Maui (HI) this past February to review a decision rendered by the 9th Circuit Court in Hawai'i Wildlife Fund, et al., v. County of Maui, where the County was found liable for pollutants from a wastewater injection well that disposed of treated effluent into groundwater which eventually flowed into the Pacific Ocean. A similar decision by the 4th Circuit in a case over a pipeline spill, and a pair of 6th Circuit decisions that rejected CWA-groundwater liability for leaking coal ash disposal sites, so the Maui case seemed to be the vehicle for the high court to consider the water law's reach into groundwater pollution and resolve the split in the decisions of Circuit Courts. But despite its position thus far, the County Council is now seeking to settle the case out of court in order to avoid a scenario where a decision in the County's favor might end up limiting the CWA nationwide. The Court goes back into session in October.

TDEC Places New Rule for NPDES MS4 Post Construction Stormwater on Public Notice

Kevin Middlebrooks, Hazen and Sawyer

In May 2019, the Water Environment Federation's (WEF) Stormwater Institute (SWI) published the National Municipal Separate Storm Sewer System (MS4) Needs Assessment Survey Results report. The primary objectives of this survey were to identify the needs of these permittees and to better understand the MS4 stormwater program challenges. In total, the survey received 622 responses from 48 states, including the District of Columbia. Respondents were generally representative of the geographic distribution of MS4s across the United States. Results in many areas confirm expectations, such as the strong need for investments in stormwater infrastructure associated with regulatory compliance, localized flooding impacts, and the restoration of water quality and habitat, as these are fundamental aspects of many stormwater programs. A major milestone of this inaugural needs survey is the development of the first funding gap estimate for the MS4 sector. This analysis estimates an annual need of an additional $7.5 billion in funds to fully implement stormwater programs and meet community goals. An unexpected finding is the lack of priority noted by respondents regarding climate change, which points to the need to highlight how changing precipitation patterns will impact MS4s in the future.

Spill Cleanup Reimbursement Available to Communities Through U.S. Coast Guard

Patrick Blandford, HDR

North Carolina Division of Environmental Quality (NCDEQ) hosted five workshops across the state in early spring to educate permittees about the NPDES MS4 program and new changes coming to the program. It was an opportunity for NCDEQ to introduce new staff, review the six minimum measures of an MS4 permit, provide updates on industrial and construction NPDES permits, and cover topics and questions on TMDLs compliance/enforcement, and audits. NCDEQ has archived the presentations from the workshop on their website.