Kurt Spitzer, SESWA

Earlier this month EPA announced that it was finalizing its rule to repeal the 2015 WOTUS regulations. The final rule has not yet been published in the Federal Register and will not become effective until 60 days thereafter, and will almost certainly be challenged by various stakeholders. EPA's original intent was to replace the 2015 regulations with versions of their own. However, the Agency has recently stated that it is grappling with major legal, scientific and policy questions, including the standard to use for defining the law's reach over sources that contribute to waters in a "typical year." Finalization of a replacement rule is the expected next step. General information on WOTUS may be found on EPA's WOTUS Rulemaking page and on SESWA's Advocacy Page. 

Kurt Spitzer, SESWA

On September 20th the Maui County Council voted to settle an appeal of a decision of a 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 water into groundwater which eventually flowed into the Pacific Ocean. While the Maui case will not be heard by the Court, other appellate courts have reached different conclusions, with the 4th Circuit finding in a split decision in Upstate Forever, et al v. Kinder Morgan Energy Partners, L.P., et al that a CWA permit is needed if the release of pollutants to groundwater has a direct hydrologic connection to surface water. A pair of 6th Circuit decisions rejected CWA-groundwater liability for leaking coal ash disposal sites, so the issue of the CWA's reach into groundwater pollution is yet to be resolved. Arguments center on whether the CWA's requirements to obtain a permit to discharge pollution apply only to instances where pollution directly enters a water of the US or whether the Act also applies to pollution that indirectly enters such jurisdictional waters.   

Green Infrastructure Workforce Development Program

Ordinance for Post-Construction Stormwater Management 

Lisa Wells, WK Dickson

In October 2018, Governor Henry McMaster created the South Carolina Floodwater Commission to develop a state-wide plan to address flooding impacts in South Carolina. The Commission, made up of a broad cross-section of elected, agency, private, and volunteer sector stakeholders, delivered its initial task force report and recommendations on August 26th. Key findings from the report include structural and programmatic actions that run the gamut from dealing with deferred maintenance of the state's drainage system to undergrounding of power utilities to minimize disruption. It includes some of the buzzwords in the field these days like Green Infrastructure and living shorelines and brings back old school ideas like consolidation of services. However, the recommendation that is likely creating the most stir is one that suggests additional lakes and reservoirs might be in order to mitigate the flooding. Some environmental advocates have already thrown up a red flag. John Tynan of Conservation Voters of South Carolina speaking to WLTX-Columbia said that while supportive of many of the recommendations, they were concerned that this report was "continuing to perpetuate the myth that we can build our way out of these challenges and out of these solutions." Public comment period on the initial task force recommendations ends October 24th.

Scott Hofer, Jefferson County Department of Health, AL

Alabama Department of Environmental Management (ADEM) is currently reviewing Alabama's Water Assessment and Listing Methodology and developing the 2020 Section 303(d) list. Alabama's Water Assessment and Listing Methodology assists ADEM in the development of the 303(d) list by establishing minimum data requirements and assessment/listing protocols. The period for submittal of comments and data related to the revision of the methodology and the development of the 2020 303(d) list ended September 25th. An electronic copy of the Draft Water Assessment and Listing Methodology is available on ADEM's website under the Public Notice section.

Hillary Repik, Town of Mount Pleasant, SC

In recent years, drainage systems in coastal South Carolina experienced expedited life cycle failures from multiple weather events. With no state process for permitting maintenance and repairs in the coastal area, local jurisdictions approached the South Carolina Department of Health and Environmental Control's Office of Coastal Resource Management to clarify permit requirements for general maintenance. A copy of the draft permit is available in the SESWA Community Forum.

As a result, three General Permits are in development:

• Re-establishment of stormwater conveyances of existing stormwater conveyances or drainage ditches. For re-establishing the original dimensions or modifying to accommodate increased flows of the outfall structure within an existing drainage easement.
• Existing Water Control Structures, Pipes and Culverts (replacements, extensions, etc). For the installation erosion protection, wing walls, head walls, outfall aprons to protect areas around structures.
• Existing Outfall Structures and Stormwater Conveyances (Cleaning and Repairing). For the removal of accumulated sediment of currently serviceable and functional outfall structures, stormwater conveyances or ditches, the minor addition of erosion protection to protect areas around existing outfalls.

Local governments are looking for expedited and simplified permitting that will allow agencies to perform required maintenance in a timely and cost-effective manner while protecting coastal resources.

Steve Peene, Applied Technology and Management

Recently the land application of biosolids has been identified in a number of Florida waterbodies as a potential cause of the nutrient impairment. Biosolids are defined as "solid organic matter recovered from a sewage treatment process and used especially as fertilizer." This has brought focus to the issue of biosolids application in areas where water quality restoration efforts are ongoing. Within the Lake Okeechobee watershed there is a ban on the application of biosolids, this is in direct response to nutrient impairment in the Lake and downstream estuaries. In 2018 Florida convened the Biosolids Technical Advisory Committee (TAC) to evaluate biosolids management and explore opportunities to better protect Florida's water resources. In 2019 the Florida Department of Environmental Protection (FDEP) published a notice of rulemaking to amend Florida administrative regulations concerning the permitting and handling of biosolids through land application. While seemingly a wastewater issue, once biosolids are applied to the land they become part of the non-point source loads that ultimately MS4 Permit holders and stormwater managers may have to deal with through load reduction and treatment. What, if any, issues are other stormwater mangers facing relative to biosolids application? Visit the Community Forum to continue the discussion. 

Steve Peene, Applied Technology and Management/ Dave Canaan, Mecklenburg County, NC

Harmful algal blooms (HABs) occur when algae grow out of control and produce toxic or harmful effects on people, fish, marine mammals and birds. In recent years, HABs have gained national attention due to large outbreaks occurring in highly populated areas. In Florida, HAB outbreaks occurred in estuaries downstream of Lake Okeechobee in the Caloosahatchee Estuary. These outbreaks, and the media attention surrounding them, led to the formation of Florida's Blue-Green Algae Task Force. The Task Force focuses on supporting key funding and restoration initiatives, including prioritizing solutions and making recommendations to expedite nutrient reductions in Lake Okeechobee and the downstream estuaries. For stormwater managers, this increased focus on nutrient reductions will be felt through prescribed nutrient load reductions and associated treatment costs. HABs can impact stormwater managers in other ways. The toxins produced, called cyanotoxins, can cause illness in humans and pets who drink or come into contact with water affected by an active bloom. In Mecklenburg County, NC, warning signs were recently posted around eight ponds where testing confirmed the presence of active blue-green algae blooms. As temperatures warm, this issue will only get more pronounced, and stormwater managers will deal more frequently with HAB issues and the resulting costs.