January 2018
Volume 13, Issue 1 
President's Corner
Hillary C. Repik
Hello 2018! I hope that you had a peaceful holiday with friends and family! The year certainly started with a bang - and a few snowflakes! Not dissuaded by the weather, your SESWA Board and committee members are already hard at work to build this year's programs. Here is an update on what's going on behind the scenes!
  • The 2018 Action Plan has been completed by the Executive Committee. Opportunities to partner with State Stormwater Associations are being reviewed.
  • The Stormwater Policy Committee, chaired by Dave Mason, is monitoring the WOTUS rules and other court cases. WOTUS and other policy initiatives are linked on the SESWA home page along with a summary of the dates for each state's legislative session. All members should keep an eye on their legislative or regulatory interests and post any items of note to SESWA's Community Forum.
  • The Conference and Education Committee, chaired by Patrick Blandford, brought you the Building Green Webinar on January 18th. A special thank you to Cory Rayburn from the City of Atlanta for sharing his agency's efforts on implementing Green Infrastructure. A recording of the webinar is available online.
  • Registration is now open for the Spring Seminar on Behind the Stormwater BMP Curtain, Cradle to Grave Management of BMPs in Atlanta, GA on April 13th. Hotel rooms and spaces are filling up quickly so reserve your seat now! Register before March 9th to receive the discounted rate. Please share the seminar information with a fellow jurisdiction or business that might benefit from SESWA.
  • The Annual Conference in Hilton Head, SC on October 3rd-5th needs YOU!! - the Call for Presentations for the Conference is open with submittals due by March 9th.
  • The Membership Committee, chaired by Joe Mina, is pleased to report 19 new members this year and counting! Please extend a welcome to our January new members: Black and Veatch; City of Perry, GA; City of Roswell, GA; Davis & Floyd; and, Weston & Sampson Engineers. We only need one new member to meet our growth goal this year but we're not stopping there! Consider asking a neighboring agency, firm or business to attend SESWA's seminar or Conference and to become a member.
  • The Communications Committee, chaired by Dave Canaan, collects information from around the region to keep you in touch with regulatory issues, permit updates, and beneficial projects through this newsletter. Another communication tool is the Community Forum. Post and answer member questions or share news. This member benefit helps us stay in contact and support each other in between seminars and conferences.
Remember to include funding for SESWA membership and travel/training in your budgets for next year! Consider bringing junior staff to training opportunities to help build future leaders of your programs and our Association.

See you in Atlanta in April!

Hillary C. Repik
In This Issue
Communications Sponsors



SESWA Board of Directors

Executive Committee

Hillary C. Repik
Town of Mt. Pleasant, SC

Vice President:
Laurie Hawks
Brown and Caldwell

Scott Hofer
Jefferson County DOH, AL

Immediate Past President:
Buddy Smith, EPSC II
Hamilton County, TN

Board Representative:
W. Dave Canaan
Mecklenburg County, NC

To access a full listing of the SESWA Board of Directors, please click here.
Association News
Spring Seminar - Register Early & Save!
Join us in Atlanta on Friday, April 13th for the Behind the Stormwater BMP Curtain, Cradle to Grave Management of BMPs Seminar. This single-day seminar offers an outstanding opportunity to learn from experts who will present a comprehensive overview of what both large and small MS4s should know about NPDES post-construction stormwater best management practices for new development. Presenters from the private sector, Phase 1 MS4s, and large and small Phase 2 MS4s throughout the Southeast will guide stormwater managers and engineers through the decisions necessary to progress from planning to project close-out and beyond. Professional Engineers that attend the seminar and complete the required form onsite are eligible for up to six (6) continuing education credits. Register early online and save. Hurry, the early bird registration rate will end on March 9th!

Submit a Presentation - Cooperative Strategies for Success
You're invited to submit presentations on case studies, evolving policy and regulatory information, and new practices, techniques or research for the 13th Annual Regional Stormwater Conference on October 3rd-5th in Hilton Head, SC. Has your jurisdiction been impacted by new policies or regulations? Have you recently completed an innovative stormwater project, implemented new regulations or utilized innovative technologies? Help us make this year's Conference the best yet by adding your insight, knowledge, and experience to the program! The deadline to submit a presentation for consideration is the close of business on March 9, 2018.

Did you Miss the Building Green Webinar?
The City of Atlanta has one of the most far-reaching stormwater management ordinances in the country, laying the groundwork for a robust Green Infrastructure program for both private development and municipal capital projects and without a dedicated funding source. The Building Green: An Urban Approach to Green Infrastructure webinar reviewed the City's success in implementing this approach to Green Infrastructure, many parts of which are transferable to other jurisdictions. If you were unable to attend, the webinar recording is available online.

Join the Community!
SESWA's Community Forum is an online tool that enables SESWA members throughout the Southeast to easily connect with other stormwater professionals, post questions and participate in discussions on BMPs, approaches to new permit conditions, Green Infrastructure and LID, and more! It's a new way to network, ask questions and share answers with other stormwater professionals. In fact, you can see that some of the articles in this newsletter are linked to the Community Forum! Getting started is easy - just go to the How-To Guide!
SESWA Job Board - FREE to Members!
SESWA members may post position vacancy announcements reaching thousands of qualified stormwater professionals throughout the Southeast at no cost for 30 days! Your listings are accessible by job seekers anywhere. To post your vacancy, visit the Job Board on the SESWA website!
National and Regional News 
WOTUS Update
Kurt Spitzer, SESWA Staff
On January 22, 2018, the U.S. Supreme Court unanimously held that federal district courts - not federal circuit courts of appeal - must decide challenges to the 2015 Waters of the United States or "WOTUS" Rule. SESWA had participated in the appeal to the Supreme Court, arguing that a district court was the correct and preferred location to challenge such rules.

The SCOTUS decision has the effect of negating the orders of the Sixth Circuit Court in Ohio, including the nationwide stay of the 2015 WOTUS Rule. EPA and the Army Corps of Engineers have not yet finalized their proposal to repeal the 2015 WOTUS Rule and only recently have they sent their final rule seeking to delay enforcement of that rule by two years to the Office of Management and Budget (OMB) for final review. Final adoption of either measure will block enforcement of the 2015 rule. Thankfully, SESWA filed parallel WOTUS challenges - in both the circuit and district courts - and its challenge in federal district court in Tallahassee has remained active. A motion to stay the implementation of the 2015 WOTUS in the eight Southeastern states can be easily refiled if necessary.

Delegation of 404 Program to Florida
Kurt Spitzer, SESWA Staff
Section 404 of the CWA is the principle federal protection for wetlands. Under Section 404, no person may discharge dredge or fill materials into navigable waters without a permit. The US Army Corps of Engineers (Corps) administers the Section 404 dredge and fill permitting program, while the EPA provides oversight. States may assume administration of the program from the federal government. Assumption allows states to process permit applications, issue permits, and monitor permitted activities on behalf of the federal government. A state's permitting criteria must be at least as stringent as federal criteria and must follow federal permitting procedures. The State of Florida is seeking legislation authorizing the delegation of the Section 404 permitting program from EPA and the Corps to the Florida Department of Environmental Protection. While such requests have been made a few times in the past, EPA and the Corps are now actively supporting Florida's request. The issue is important to stakeholders in other states because EPA is actively seeking to reduce its staff size by 50% and to transfer responsibility for many regulatory programs to state governments. 
New Manager at Georgia Nonpoint Source Program
Barbara Seal, Gwinnett County, GA
There is a new manager at Georgia Nonpoint Source Program! Anna Truszczynski has been promoted from managing the MS4 Permitting Program and the Industrial Stormwater Permits to the manager of the Nonpoint Source Program (NPSP) for the Georgia Environmental Protection Division (GA EPD). This Program includes the Erosion and Sedimentation, Floodplain, Grants, Outreach, and Stormwater units. Prior to joining the State, Anna served as the manager of Athens-Clarke County's Stormwater Management Program. This experience provided her with a broad perspective while implementing State and Federal Stormwater regulations. She also holds a bachelor's degree in Environmental Studies with an emphasis in policy from Washington University in St. Louis and a PhD in Ecology and Evolution from the University of California, Davis. You can reach her at Anna.Truszczynski@dnr.ga.gov. Anna has presented at SESWA events many times and we look forward to working with her for many years to come!
Implementation Strategies
Greenville County Takes Post Development Water Quality Seriously
Brian Bates, Woolpert
Greenville County, South Carolina has recently taken a sophisticated and innovative approach to post-development water quality regulation for new development projects. They have adopted a post versus pre development condition (or anti-degradation) policy related to annual phosphorous loading in the Reedy River watershed. The Reedy River has a long history of nutrient related water quality issues that date back to the days when textile mills lined its banks. As a member of the Reedy River Water Quality Group, Greenville County decided to take a bold step in protecting the river from further degradation related to new development by enacting a policy that will promote the use of Green Infrastructure and Stormwater Control Measures. The policy is scheduled to be put into place in the beginning of February 2018.
Tennessee MS4 Permit Appeal Update
David Mason, CDM
The hearing for the MS4 permit appeal was set to take place the week of January 15-19th , however the judge has continued the case to allow for additional settlement negotiation efforts among the litigants. If a settlement is not reached, a new hearing date will be set which likely won't be until April or May of this year at the earliest. In the event of a settlement agreement that requires permit modification, Tennessee Department of Environment and Conservation will need to follow the standard permit modification process which will allow additional opportunities for public comment.

North Carolina Legislature considers GenX with NPDES
Matthew Anderson, City of Charlotte, NC 
A North Carolina House committee authorized some short term measures that would require state regulators to study and share data on contaminants. A draft bill being considered requires that the Department of Environmental Quality study the State's National Pollutant Discharge Elimination System (NPDES) permitting program to ensure that associated requirements are sufficient to protect public health, safety, welfare, and the environment. Specifically, the bill would require applicants to address emerging chemicals for which an applicable discharge standard has not been established by State or Federal Laws. One pollutant which this legislation seeks to target is known simply as GenX compounds which have affected areas of the Cape Fear River.
Georgia Proposes Amendments to Narrative Water Quality Standards
Steve Leo, Gwinnett County, GA 
Georgia's Environmental Protection Division (GA EPD) has proposed amendments to the State's Narrative Water Quality Standards. The proposal seeks to clarify current language that EPD believes could lead to subjective interpretations inconsistent with the intent of the Georgia Water Quality Control Act. The affected sections, found at 391-3-6-.03(b) and (c), paraphrased, state that waters shall be free from pollutants in amounts that interfere with legitimate water uses. The proposed changes would add the word "unreasonably" before the word "interfere", and replace the phrase "legitimate water uses" with "designated use of the water body." EPD states in their published rational in support of the proposed rule change, that the current language could allow a single person to find the condition of water objectionable, and thereby cause a violation of the standard. The proposed addition of the word "unreasonably" is offered as a solution to this concern. EPD's justification for the replacement of "legitimate water uses" with "the designated use of the water body" is that "legitimate water uses" is not a defined term, whereas "designated uses" are defined. Written comments are welcomed and should be submitted by January 31, 2018. 
Georgia Study Committee on SWU Fees Issues Final Report
Steve Leo, Gwinnett County, GA 
Kevin Middlebrooks, Jacobs 
SB 116, and companion bill HB 512, were introduced in the 2017 Georgia Legislative Session and sought to prohibit the assessment of stormwater utility fees on "water-neutral sites." Such sites were defined in the bills as properties designed and certified to achieve control of runoff from a 25-year, 24-hour storm event in a manner consistent with the Georgia Stormwater Management Manual. SB 116 did not receive a vote in committee. SR 224, which established the Joint Study Committee on Stormwater Management Fees, was offered as an alternate method of providing further consideration to the proposed legislation. The Committee was tasked with reviewing the existing data and current practices relating to stormwater management fees to assess whether local governments fairly impose stormwater fees on private property owners. The Committee held three public meetings in the fall of 2017. Scott McClelland with CDM Smith spoke to the Committee on behalf of SESWA. The Committee released a final report in December 2017. The Final Committee Report contained three recommendations: stormwater utility fees should be determined by best management practices; the Georgia General Assembly is the enactor of legislation that sets policy; and, that the Georgia Association of Water Professionals (GAWP), Association County Commissioners of Georgia (ACCG), Georgia Municipal Association (GMA), and other organizations and their respective members should develop a guide to creating an equitable credit program to encourage more consistent and equitable credit practices. GAWP has commenced an effort to develop a credits guidance manual. Those interested in being involved should contact James Moore
One Small City That Could
Sam Amerson, City of Stuart, FL
Wow, where did the time go? I'm pondering this question not from a personal perspective, but a regulatory perspective. It doesn't seem that long ago we were inundated with stormwater regulations being proposed at the state and federal levels, drafting position papers, and educating our elected officials on the administrative and financial burdens of such regulations and unfunded mandates on local government and, ultimately, the voters. It was an uncertain time in the life of stormwater professionals. That was 19 years ago.

The City of Stuart just completed its Cycle 3, Year 4 Annual Report Review for the Phase II NPDES Permit. Fortunately, all is well and our stormwater utility comfortably funds the minimum measures for compliance.

The Total Maximum Daily Load (TMDL) Program in Florida was another matter. With foresight and fiscal fortitude, Stuart implemented a comprehensive watershed program in 2000. In June of 2013, the St. Lucie River Basin Management Action Plan (BMAP) was signed into law. This document identifies all stakeholders that discharge stormwater runoff to the St. Lucie River and assigns load reductions that each stakeholder must meet by 2028, demonstrating 1/3 compliance each 5-year cycle. Stuart has met 141% of TN and 99% of TP 2028 load reduction goals. 19 years and $19 million later, we've arrived...for now.
Built-Upon Area Definition
Stephen Sands, Hazen and Sawyer
Mark Van Auken, Arcadis
Land cover definitions are used for implementation of post-construction stormwater, erosion and sediment control requirements, and implementation of stormwater utilities. Land cover that consists of gravel, rip rap, railroad ballast, etc. can generate a wide range of runoff based on function, usage, and installation method. States are taking different approaches to defining the conditions where these land cover types are considered pervious versus impervious.

In 2013, North Carolina drafted a policy that defined gravel as pervious. Legislative committees studied the issue in more detail and concluded that pervious gravel is defined at 4-inches of 57 stone installed over filter fabric or an installed surface with porosity greater than 1.41 inches/hour. Additional legislative discussions may also consider the vehicular use on the gravel.

In Virginia, a federal judge recently rejected a lawsuit in which Norfolk Southern sought to avoid paying a stormwater management fee to Roanoke. Railroad track beds are classified as impervious by the city and subject to a stormwater management fee; however, Norfolk Southern sought to avoid paying the charge, claiming lawns and track beds absorb stormwater about equally. Meanwhile, Maryland is in the process of developing land use guidance documents that will classify railroad ballasts as pervious.
NACWA Corner
Provided by the National Association of Clean Water Agencies

GAO Report Examines Benefits to Green Infrastructure with Collaborative Agreements
Emily Remmel, Director of Regulatory Affairs
In late October, the U.S. Government Accountability Office (GAO) released a study examining the use of Green Infrastructure (GI) to control urban stormwater, particularly in the context of combined sewer overflows (CSOs). The report, which was requested by Congress, describes how municipalities are incorporating and funding GI efforts and what challenges exist, if any. The report also examines the steps EPA is taking to help municipalities use GI.

Of the 31 municipalities surveyed, 26 communities reported that using GI was more challenging than using gray infrastructure, especially when developing operation and maintenance cost estimates. Nevertheless, 25 communities also reported continued use of GI even if it was more challenging. These communities found that GI performs better or that it provided additional environmental and community benefits.

The report also recommends that EPA document agreements (e.g., memorandum of understanding) when working with municipal departments and other stakeholders. By documenting these collaborative agreements, the GAO report concludes that EPA could have better assurance that groups will successfully develop and implement long-term stormwater plans. EPA indicated that it generally agreed with the GAO recommendation and plans to begin developing collaborative agreements with municipalities over the next year.
Don't see news from your state? Please contact us with your news or share your comments on our newsletter by emailing us at SESWA@ksanet.net.

Southeast Stormwater Association
(866) FOR-SESWA (367-7379)